Another NIP question >>> Advice Plz
 

OK so I got a NIP in the post the other day from New Years Fecking EVE! The car is a company one which is why it toook so long to get here. The CiliVan was parked next to a fixed GATSO on an industrial dual-carriage way with no houses to be seen anywhere!! This was money generation at its finest. The operator knew that most people slow down for the Gatso so he parked next to it but his laser was scoped almost 1 mile away!! :eek:

ANYWAY my question is becuase it is a company car I am going to ask for photographic evidence to help identify driver. When and IF a piccy comes back will it be used in conjunction with the NIP? The wife is going to take the hit for the 3 points but because it was so long ago I am hoping that they havent any photographic evidence and it gets dropped. IF the piccy comes back and shows clearly it was a bloke can the wife still sign the NIP and say it was her? Will they compare the NIP with the Photo when prosecuting?

OR Should I let wifey take the hit for it now and have done with it? What would you do/advise?

Cheers

I thoght they had 2 weeks to send it through :confused:

If its a company car they are allowed a lot longer due to ar$ing around with the lease company to locate the private addy of the owner :(

bad luck mate
be a man, take it yourself, don't pass the book.. after all you took the risk & broke the law.

how fast were you going, how many points have you got already??

unlimited time now...as of last year..

I got caught 1sept 03, NIP 19dec 03, "guest appearance" 19jan 04...

Thing is that wifey has no points and both insurance's are in my name. I have 3 already and another 3 would affect the policy of my Subaru insurance. Its not about doing the 'right' thing here but what makes financial sense for the household.

What p1$$es me off is that it was clear, quiet morning with no traffic and on a dual-carriageway which dropped to 60 mph. Nowhere near any accident black-spots and missus and I were chatting which is why I didnt really pay much attention to the speedo. Believe mw when I say that the missus is the first to yell when she thinks I am speeding!! Was clocked at 77 :eek:

mmmmn see what you mean, 6pts=big premium.. sod it stick with the original plan.. buy he wife some flowers & nice meal :D.. lol!, make sure you get a roadangel or snooper so it dos'nt happen again

fill in the NIP and don't sign it. play the waiting game. they'll send it back. you then send it back again unsigned saying you have complied with the road traffic act of supplying the details. wait and see. they'll then probably threaten magistrates court. wait and see if they go through with it. at that point you can ask for evidence etc. they can't produce the NIP unsigned as evidence cos it's unsigned ... they have to prove it.

I don't think any of this is absolute, but it's what my wife is doing and we'll see ... worse case we go to court and say we don't agree with signing a confession without being cautioned or seeing evidence ... e.g. was the evidence correct and true etc.

i can't see that if they can prove it she'll get more than the standard 3 pts (59 in a 50), tho she might get a bigger fine.

we'll pleade we are using the legal system as it was intended.

push them to the limit.

- mark.

Russ,

Just to say that if the pic does show you but you at the wheel and you then get your wife to take the hit then I would not say anymore on this board. "Pervertng the course of justice" comes to mind as a risk you run if you keep giving us chapter and verse. I'm sure that is not your intention :)

Good luck, hope it all works out well in the end.

Thanks fellas and of course I am only banding around possible scenarios here. In truth I dont really know who was driving because it was so long ago - hence the reason I am asking for photographic evidence. The individual who is on the photograph will be the one who takes the hit. :D

Agree with MWP. I went this route last year-asked for photo evidence. Not conclusive so filled in NIP without signing (Nb. Ask someone else to fill in form for you).
Then they sent a offer of £60 fine and 3 points, which i ignored and never heard anymore. Nearly a year ago now so well beyond the 6 month time limit to go to court :)

Good luck

Gav

The NIP MUST be issued within 14 days of the offence, not including the date of the offence. The NIP MUST also be sent at least 1st class mail.

I suspect the NIP was issued within the 14 day period on the company, they then have the 28 day limit to return it naming you.

If you really want to get the wife to take it, there is no problem as the photo can not be submitted as evidence of the driver. It only identifies the vehicle.

visit www.pepipoo.co.uk it is a exellent site on how to not sign the NIP,it even gives you a sample letter to send,quality point dodging.and the camera must be good to get your face from a mile away.good luck anyway,mac

I'm not sure if you can still do this but at the company where i used to work one of the guys got into a similar situation as you,

He wrote a letter back saying that because it was so long ago he couldn't remember who was driving the company car and any member of staff could of had access to the car at that time due do a spare set of keys being avaliable in the office.

They sent a letter back asking the office manager if she could confirm who was driving the car, she said she could not and they never heard anything else. (got to have a friendly office manager LOL)

Not sure if this was just a one off or not?

steve.

http://www.ukspeedtraps.co.uk/frames.htm
http://www.safespeed.org.uk/unsigned.html
http://www.speed-trap.co.uk/
http://pepipoo.com/

Some reading matter, good luck.

www.abd.org.uk

And get a Snooper S4

When some scumbag car thief or burgular goes to court and gets off because some cheesy solicitor gets involved we all p155 and moan. The fact is they exploit every trick in the book to get off and our legal system is normally open to time consuming wastes of public money.

We are all guilty of speeding from time to time, I would like to think that we are all sensible with it and do it were the consequences would only effect ourselves. I didn't by an Impreza for it's fuel economy!

If I get caught speeding and it was me driving then it's my own fault.

The fact is we all know it is mostly revenue generating. I would like to see a speed camera outside every school rather than on major Motorways.

If it wasn't you fight it, if it was then ....................................

fight it anyway :D lol
Most people woodnt ecven mind the £ fee/tax but it's the points which are a C%$# so hell yeah try yer luck, i used the letter on ukspeedtraps & it worked although that was over a year ago now. oh i feel so guilty ;) lol
Si

I heard that if a company cannot prove who was driving one of their vehicles then it is actually the company director that gets done for points and a fine.

No

I have worked in the Transportation industry for some time and for the likes of Bus Drivers the company's have got to take reasonable steps to identify the driver........if they cant then tough, no one gets fined........... but I know that the company Director DOES NOT take the hit.......

Re the NIP - get the photo - if it doesnt show clearly who was driving then dispute it. I did this - it was a rear facing picture and I said that both myself and the wife were insured to drive the vehicle and it could have been either of us, hence cant state who is driving and no section on the return applies hence will not give in to an NIP

The courts have to prove beyond reasonable doubt who IS driving the vehicle - if the picture doesnt show this then they have insufficient evidence and the standard response from them is that they have had to drop the case..........but will reopen if any more evidence comes to light (my a*se)

Some forces actually charge circa £6 for the piccy which is another cop out

Everyone should automatically request a picture - just think the Police would be snowed under - but they work on the premise that most people just pay up........... but WHY..........

I got caught in a very similar circumstance. They refused to send me the evidence but said I could come into the cop shop to view it. I went in and was shown the video, picture was not clear enough to identify myself, the speed was taken when I was 220 metres from the laser unit. Quality of the video was not great and with glare from windscreen etc made it worse. The sargent who I viewed the tape with agreed that it was impossible to tell who was driving.

I noticed on the NIP that they had the road name wrong so I sent the NIP back with a letter and pointed out if the man didn't know which road he was on why should he be trusted to use laser unit. They still sent me a fixed penalty notice which I ignored. That was 10 months ago now so I presume that they have given it up ?

FIGHT THEM EVERY BL00DY INCH OF THE WAY

and ignore all the goody two-shoes who've never ever speeded IN THEIR LIFE, EVER. :rolleyes:

Owain

i done exactly the same as this back in september,and i aint heard fuk all either :D:D:D

BM

Russ, don't do anything yet!

Talk to me if you're coming to the Walton Arms next thursday, I've saved myself 6 points in the last year and know this stuff pretty well.

And just to point out, contrary to what is said above, under normal circumstances an initial NIP MUST be sent to the registered keeper of a vehicle within 14 days. Registered keeper is not neccesarily the driver, remember.

If your wife is insured on the vehicle, have a *really* good think, are you *sure* you were driving. If you're not and have taken reasonable steps to figure out who was driving (after all, I'm sure you both drive the car a lot) no one can be prosecuted without absolute proof or a confession from someone.

One of our guys at work got GATSO'd in a company van, no-one could remember who was driving, the log book page was ripped out and the photo was inconclusive. The NIP took 6 months to arrive due to it being a lease vehicle.

So our manager went to court, proved that the company had taken all possible measures to keep records & had to pay the £30 fine and that was it !!

Don't admit anything !

Is the car insured for any driver.

I think on that day my younger brother (yes, the smack head) was using your car.

Ring me, two bags.

Yoza.

4 bags if he gets banned.