NIP question

Matt82 · 2 Oct 2012 at 01:05

Where do you stand if you receive an NIP, addressed to you, relating to an alleged speed related offence in a vehicle which you are not the registered owner.

The registered owner, oddly, has been written to as well, on a different date (days apart) but with the same NIP reference. the registered owner has not replied/nominated anyone as the driver. No photo evidence is included.

To top it off, the alleged offence was 64 days before the date of the NIP..

Matt82 · 2 Oct 2012 at 01:14

i have no idea. MID database? facial recognition? stab in the dark??

given how long ago it was, i really have absolutely no idea who was driving for that particular journey.

Matt82 · 2 Oct 2012 at 01:21

the registered owner of the car in the NIP is my other half.

Matt82 · 2 Oct 2012 at 01:34

its difficult to even reply to their NIP. its a conditional offer. if you dont declare you are the driver then youre looking at a completely different offence.

i genuinely dont know who was.

wonder what would happen if we both admitted to it

Matt82 · 2 Oct 2012 at 01:49

it is more than 60 days

Matt82 · 2 Oct 2012 at 07:01

MrLOL said:
Was she the registered keeper at the time of the offence ?

If so then she is liable for the points unless she can name anybody else. If you genuinely don't know then the responsibility falls to the registered keeper

Owned it for a few years now, so she was def registered keeper at the time. Gonna have to read s172, surely its not an indefinite time someone can reasonably be expected to know who was driving

Matt82 · 2 Oct 2012 at 07:02

paradigm said:
On your copy or her copy, or both?

Both. One is 62 the other 64

Matt82 · 2 Oct 2012 at 07:03

Remember the car tax rant thread that I made? It was around that time that car was reregistered by the dvla

Matt82 · 2 Oct 2012 at 23:36

Her name is on the V5, i am a named driver on her insurance policy.

On 1 July the DVLA re-registered the car due to it being listed as a Volkswagen GTI and the address was updated. The new V5 is dated 30 July 2012. It still took 5-6 weeks for the NIP to show up after that.

The reply has been sent in the post pointing out that it is out of time and that the alleged offence was so long ago I am unable to recall who was driving at the time and requesting further evidence.

Matt82 · 3 Oct 2012 at 10:38

no verbal NIP, i suspect it was a mobile camera, there arnt fixed ones near there.

Matt82 · 3 Oct 2012 at 11:46

Nathan said:
Please don't fall into the trap on perverting the course though because that is proper squeaky bum time. I can remember quite well who was driving my cars over the last few
Months, time, date, location

definitely not aiming to go down that line. we genuinely dont know who would have been driving and i just want to be careful with our reply so that we dont fall foul of s172. a s172 offence is where you fail to identify a driver. at this stage, we plain do not know who the driver is as we received the NIP 64 days after the offence.

i have asked for more evidence

Matt82 · 3 Oct 2012 at 14:34

no, its far from as simple as that. s172 has exceptions

S 172(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver was."

and with regard to the "obligation" to identify the driver, i defy anyone here to quote me the statute/law/regulation/law/act etc from where that obligation arises?

Matt82 · 3 Oct 2012 at 15:34

MagicBoy said:
You are missing the point. They can't action the NIP as it's time-expired, therefore the S172 argument is irrelevant.

i dont understand from your post how questioning s172 is irrelevant.