nip

[Compostella]

It is now over 6 months since an alleged speeding offence and no summons has been issued to me.

However I was issued an NIP at about 5 months after the alleged offence and it was returned to them with my girlfriends details on as we thought that she was driving.

They then sent it back with photgraphic evidence that it was me that was driving; a genuine error on my part.

My question is, have I got away with it on a technicality? i.e. 6 months has elapsed and no court proceeings instigated.

I'm not looking for judgement please, you don't know the circumstances or indeed if I was guilty.

The reason that it has took so long to get an NIP is that I have a company car and there are several links in the chain before it gets to me.

[New Judge]

When you were sent the photographic evidence of you driving what came with it? Were you asked again to name the driver?

If you were and you did not respond within 28 days you will be summonsed under Section 172 of the Road Traffic Act for failing to provide the necessary information. At this stage the allegation of speeding is discontinued and the new offence under S172 is begun. The six months statutory time limit for this offence begins when the 28 days you were allowed to respond has elapsed. An extra bit of information you may care to be aware of is that the penalty under S172 has been recently increased. if thisoffence was committed after 24th September (that is, if this latest request for information expired after that date) the penalty you face is six penalty points, not three

You also need to be a little careful in the circumstances you describe. The CPS could consider a charge of attempting to pervert the course of justice (by giving incorrect information about who was driving). Prosecutions in these circumstances are sometimes considered (you may recall a few months ago that a group of professional footballers were under suspicion of this).

[seatrout]

If you returned the NIP within 28days nominating your girlfriend as driver did she then receive a NIP. If so what did she do with it.
Did you request the photograph - in my experience they are not sent out routinely since its purpose is to identify the car not the driver.
A word of caution prosecutors are very busy and have important cases to deal with - s172 and speeders take up time that could be spent on more important matters. So if the prosecutor starts to suspect that you are trying to pull a fast one (and I am not suggesting you are) then they might start to look at perverting the course of justice
For the sake of 3 points and a �60 fine its not worth the risk

[NORMANTHEDOG]

doing what you have done,(by saying it was someone else driving and the police having photos to see it was a man)has sent several drivers to prison for terms of between 7 and 28 days in bedfordshire courts,be very careful in your replies to the letters.

[Compostella]

Hi

I returned it within the 28 days nominating my girlfriend as the driver, it was only then that they sent me the photographic evidence. My girlfriend never got as far as receiveing an NIP.

[New Judge]

Yes,but when they sent you the photographic eveidence, what else was said? It would be unlikely that your girlriend would be sent a NIP as itwas not believed thatt she was driving.

[Compostella]

Yes, when they sent the photo, they returned my original NIP and asked me to look at the photo as it appeared that the driver was male.

They then asked me to complete the NIP with the correct details.

I received all this 2 days after the 6 month period had elapsed although their letter was dated 2 days before the 6 month date.

As I see it, they can no longer prosecute for the alleged speeding offence, I was just wondering how I stood with the situation now. I didn't deliberatly try to mislead them, we honestly thought that my girlfriend was driving, it was only when we were sent the photos that we knew she wasn't

[New Judge]

You are quite right; they cannot now under normal circumstances prosecute anybody for the alleged speeding offence. However an avenue is open to them if they can persuade a magistrates� court that although they exercised �due diligence� they were unable to ascertain the identity of the driver within the time period. This is sometimes successful, sometimes not. They will have to make their case out to the magistrates and they will consider all the circumstances, including how long the prosecution left the matter unaddressed when they realised it was not straightforward.

Beware, though, as I said earlier. The clock started ticking again if and when the 28 days elapsed following the issue of the second request for information. If you do not provide the information as requested within the 28 days you will be prosecuted under S172. The alleged speeding matter will then be discontinued.

[seatrout]

If I was prosecuting this I would ask the court to accept that you have caused delays by wrongly nominating your girlfriend. I would be very surprised if the magistrates did not allow a speeding charge to be put in the circumstances. In effect what you have done whether intentionally or not is prolong matters beyond the 6 months before admitting you were the driver.
Be honest -are you a totter?

[Compostella]

Oh no seatrout!

Even though I quite clearly said in the question that I was not looking to be judged, you failed to understand it.

Look closer next time please.

[Compostella]

Just to let you know that I called the camera office today and I have got away with it and no further action will be taken!

They sent me another NIP with my details on and I ignored it. They cannot issue a summons as 6 months has passed and thay cannot prosecute for not identifiing the driver, as I did.

Thay have just confirmed that I can tear it up and forget about it.