CEL

iTrader: (1)

I realise there are plenty of threads already about this, but I don't have time to trawl them at the moment.

Quick question

Apparently busted speeding 57 in a 50 on 11/03/2013

Notice issue date on the nip 02/04/2013

Send back with a photocopy of my 2 fingered salute?

Thanks

tubbytommy

iTrader: (20)

pay up and take the points or try your luck in court.

Leslie

They have 14 days in which to warn you of possible or actual prosecution,

If they have not done so as it appears with your paperwork, you should appear in court and plead not guilty.

I think you have to obey the summons to be clear of any fault.

Les

CEL

iTrader: (1)

Tubby - not helpful really

Leslie, thanks!

Slightly added complication which I have just read about. The car is a company car so its possible it went to the leasing company first?

But I've also read the law states that notice must be served on the driver within 14 days? can anyone confirm if this is true?

Thanks

tubbytommy

iTrader: (20)

get proper legal advice as if you go to court and lose you will have to pay the costs.

if its a company car they will send the nip to registered keeper whuch probably explains the delay

stevep360

iTrader: (20)

company motor, as long as they have sent it to registered company keeper within 14 days yer shafted, You cant win with the tw@ts, pay the brass and move on.

Dr Hu

Without researching the 'exact' facts - if its a company car I know they have significantly more time to get the NIP to you - so your fooked I'm afraid.....

alcazar

iTrader: (2)

Pay up and take it on the chin.

Try ing your luck in court will undoubtedly end up with you getting MORE points, a higher fine, costs AND a victim surcharge.

Only the willing motorist gets punished FOUR times...FIVE if you count higher insurance

Cheers Blair, you weak, gullible b@st@rd

CEL

iTrader: (1)

Pants!

Looks like it wasn't me driving anyway at the time we were violated with a police radar.

Apparently they only have a photo of the rear of the car. I know we changed over driving literally within 2 miles of where we think he bust occurred. But since they can't prove who was driving. We have to?

pacenote

get over to pepipoo.com for some good advice.

IRC the date on the nip has to be within 14 days of the offence, yours isn't apparently.

speedking

The NIP has to be served on the Registered Keeper within 14 days. If its a hire car or company car then it takes longer to reach the 'driver'.

The NIP has to be returned naming the driver. Has the company helpfully done that on your behalf? If not, and you don't know who was driving, then explain that in your reply. Why would you want to cop for some points and a fine if you weren't driving?

However, if you go down this route, be aware that your named colleague will be paying up.

douglasb

A couple of things.

Ignore the replies that say that they need to get the NIP to you within 14 days; they are wrong. They need to get the NI to the registered keeper within 14 days. As it is a company car there is almost certainly a leasing company as first in the chain and they name the company. The company then name you. Looking at the timescales I'd say that it is almost certain that the first NIP arrived at the lease company within 14 days (although there is no harm in asking for this to be confirmed).

You need to name the driver who will then get their own NIP. Failure to name the driver gets you 6 points, a fine of around £500, and an MS90 endoresment code which insurance companies really don't like. I realise that it is a company car but if you have a second car or are a named driver on another policy this could cause problems.

57 in a 50 should get you a speed awareness course if you respond reasonably quickly. The SAC needs to be taken within 4 months of the offence (so that if you dont turn up they can reissue a NIP and still have time to prosecute the driver). It osts around £90 but doesn't get any points. SACs are not available in Scotland.

hodgy0_2

You need to be genuinely sure who was driving at the time of the offence

It is an offence to take points on behalf of someone else, ask Vicky Price

If you are not sure, you cannot guess I am afraid

bioforger

iTrader: (1)

57 in a 50, what really? dam u really are a terrible criminal and a pest to society Mind u i got done for 33 in a 30 once, +5% margin over, my ****

Adrian F

as we all know these speed traps are nothing to do with safety

who ever was driving was unlucky to get caught during the momentary lapse of concentration and creeped over the limit

SRSport

I think insurance companies should be made to keep their noses out of it. Using it as an excuse to raise premiums etc. The amount they charge is completely disproportionate to the crime. An NIP for 33 in a 30 and I would have to pay +£100 for 5 years! Just seems like opportune profiteering.

The more points you have the closer you are to losing my licence. You could argue that this is just as likely to make someone drive slower and more cautiously as to be a maniac on the road and a higher risk. Surely they dont for one moment think that all their customers with a clean licence never creep over the limit do they?

SRSport

I read on pepipoo that insurance companies are now asking for you to disclose whether you have been on any courses, raising the premium just as much as if you were to have points.

speedking

Points or SA course, you've committed the same 'crime' so why shouldn't the insurers see the same risk?

SRSport

I would imagine because the whole point of the speed awareness course is that you come out a different, better and safer driver otherwise what is the point? Maybe premiums should go down after someone has been on the course.

The Trooper 1815

iTrader: (31)

Sounds like a "Chris Huhne" coming on

sprigeteer

iTrader: (9)

If the SA course results in the same insurance hike then many will simply opt for the points and the fine as it will be cheaper (and easier). A bit short sighted, as was said, the course should have a beneficial effect on road safety and thus save the insurance companies some pennies. Insurance companies at it again?

urban

iTrader: (1)

Forget the 14day rule in this case.

57 in a 50 is bollox.
I would contest the life out of it.

speedking

Agreed. But statistically you may not be a better driver than one who now has 3 points on his licence and knows that next time he is caught his insurance will rocket.

SRSport

My insurance is £500. If I get 3 points for speeding it would go up to £600. There are so many variables that make up an insurance premium I would be amazed if statistically 20% could be attributed to getting 3 points that has become little more than an indication of bad luck as apposed to serious risk.

Leslie

I did not realise it is a company car. It may well be that they made enquiries from your firm first. I think you need to check with your firm to find out about dates etc.

Les

CEL

iTrader: (1)

Nothing has bee sent back officially yet. Apart from a letter from our company requesting the exact location. I think I know where it was, and unfortunately for my colleague, he had taken over driving literally 2 miles before the bust.

Interestingly, I found this post on scoobynet from a couple of years ago. I'm very sure this is where we were busted.

Who needs to name the driver? At the moment no one can say for sure who was driving. Suppose it can't be proved by us and the police. Does someone one have to cop (no pun intended) for the points?

There is no danger of that happening, believe me

Yes, I'm frequently and deliberately a pest to society - of course I'm joking

Completely agree. But non of this would have happened if I was driving (seriously hope the location proves - 'in shaggy style' "it wasn't me!")


Who's Chris Huhne?

Yep. But not sure where to start. Even though it seems it wasn't me at the wheel. I'd like to help my colleague if possible.


Thanks for everyone's replies. And the ones relating to insurance. Agree that they are simply out to skank us wherever possible.

Chris

speedking

Read this.

JamesDundee

iTrader: (2)

I got done very similar. 2 days after buying a car, 34 in a 30 zone. I got zapped mid September, got the letter mid Jan. Rang up andcomplained, gave the whole "14 days" speech, they said "tough". The NIP went to the previous owner who had sold it to a trader who never completed the logbook. I didn't have a leg to stand on.
Plus the speed course was 110miles away as it was such short notice I couldn't get booked in anywhere local and I was close to not being allowed to do the course and being taken to court. Plus I had to book a day off work too.
That Golf was bad luck! My fault though.

Leslie

Seems to me that you need only tell them that you were not driving the car at the time and it is down to them to find out from the car's registered owner who was driving.

Les

douglasb

Extremely bad advice from Les which, if followed, will land you a fine of >£500, 6 points and an MS90 on your licence which will cause insurance problems for 5 years..

The registered owner is a leasing company. How would they know who was driving the car at the time? The answer is that the Poolice or camera partnership send a NIP to the leasing company who name the company that lease the car. The company then name the person most likely to have been driving the car at the time and they get their own NIP. This seems to be where you are at the moment.

You need to reply stating who was driving at the time.

If you genuinely don't know (but you have said that you do know) you could reply saying that it could have been list of names. You will then end up in court defending an S172 (Failing to furnish) charge and will need to show what you did to try to establish who the driver was. It's not impossible but it is difficult to defend this.

If you do know who was driving and provide a different name you will end up where Chris Huhne and Vicky Pryce are.

The likely outcome for 57 in a 50 is a speed awareness course for the driver (assuming that this happened in England or Wales and that the driver has not done an SAC in the last 3 years).

Just name them and let them deal with the consequences.

(As previously mentioned, have a look at pepipoo.com. The people on there have a much higher level of legal knowledge and any loopholes than most of the people on here. A lot of the advice given so far seems to be "A guy down the pub told me that when his mate got doen he did ............... and never heard anything more.

I hope I don't come over as sanctimonious or anything as I have an SP30 on my licence from nearly 5 years ago so I know that it is easy to get caught even when thinking that you are paying attention).