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#Post#: 37804--------------------------------------------------
Nip received after 2 months.
DIR By: Lucky777
Date: September 22, 2024, 7:47 am
---------------------------------------------------------
Good afternoon,
I'm looking for advice for an NIP that I received on 05/09/2024.
The date of the offence was 29/06/2024 and seems to coincidence
with when my friend was visiting. The person who was driving has
since gone back to home.
This is a lease car so I have been identified as the RK, however
because of the length of time passed since the alleged offence I
can't be 100% sure that I was/wasn't the driver and don't want
to incriminate myself.
I have until 26/09/24 to provide the information, in order for
the driver to be able to take an educational course instead of
paying a fine and having penalty points on their licence.
Can anyone help me in this situation, I know its short notice
but I've only just found this site?
Thanks in advance.
#Post#: 37809--------------------------------------------------
Re: Nip received after 2 months.
DIR By: mickR
Date: September 22, 2024, 8:48 am
---------------------------------------------------------
--- Quote from: Lucky777 link ---
>
> The date of the offence was 29/06/2024 and seems to
coincidence with when my friend was visiting. The person who was
driving has since gone back to home.
>
> This is a lease car so I have been identified as the RK,
however because of the length of time passed since the alleged
offence I can't be 100% sure that I was/wasn't the driver and
don't want to incriminate myself.
>
--- End Quote ---
you seem to be at odds with your own story. so just to reiterate
the "Read this first" rules so, just incase... do not make
anything up, It can end very badly.
what's the alleged offence?
are you being asked to confirm drivers details (S172) ?
#Post#: 37810--------------------------------------------------
Re: Nip received after 2 months.
DIR By: andy_foster
Date: September 22, 2024, 8:54 am
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If it helps jog your memory, if your convenient friend happens
to be what many seem to refer to as an "international driver" -
which in actual English translates to foreigner, or otherwise
not resident in the UK, and you name them as the driver, the
police will immediately ask you to prove that they were insured
(knowing that foreign insurance will not cover them, and knowing
strongly suspecting that the friend either wasn't driving or
wasn't even there).
I note that whilst your post was not a witness statement sworn
to be the truth, the whole truth and nothing but the truth, you
make no mention of asking your friend if he recalls the
incident, merely that he has "gone back to home". Most people
would find it curious that you appear to be seeking legal advice
before making any attempt to get your heads together with your
convenient friend to try to work out who was driving.
I also note that you make no mention of making any attempt
otherwise to determine who was driving, instead preferring to
set out your excuse that the incident was so long ago and that
your friend has "gone back to home".
The law requires you to name the driver. If you are unable to do
so, you arew required to provide any information that is in
your power to give that might lead to the identification of the
driver and it then becomes part of a defence if you are able to
persuade a bench of magistrates, on the balance of
probabilities, that you both do not know who was driving and
cannot with reasonable diligence work out who was driving.
#Post#: 37817--------------------------------------------------
Re: Nip received after 2 months.
DIR By: Lucky777
Date: September 22, 2024, 9:34 am
---------------------------------------------------------
--- Quote from: mickR link ---
>
> [quote author=Lucky777 link=topic=3218.msg37804#msg37804
date=1727009240]
> The date of the offence was 29/06/2024 and seems to
coincidence with when my friend was visiting. The person who was
driving has since gone back to home.
>
> This is a lease car so I have been identified as the RK,
however because of the length of time passed since the alleged
offence I can't be 100% sure that I was/wasn't the driver and
don't want to incriminate myself.
>
--- End Quote ---
you seem to be at odds with your own story. so just to reiterate
the "Read this first" rules so, just incase... do not make
anything up, It can end very badly.
what's the alleged offence?
are you being asked to confirm drivers details (S172) ?
[/quote]
I genuinely can't remember what I did last week, let alone in
June! The alleged offence is Exceeding a 50MPH speed limit in
contravention of a Local Traffic Order - automatic Camera
device. I tried to upload the NIP (with my details redacted) but
its says "the upload folder is full. Please try a smaller file
and/or contact an administrator"
Yes, I am being asked to confirm the drivers details (S172)
#Post#: 37819--------------------------------------------------
Re: Nip received after 2 months.
DIR By: Lucky777
Date: September 22, 2024, 9:39 am
---------------------------------------------------------
--- Quote from: andy_foster link ---
>
> If it helps jog your memory, if your convenient friend happens
to be what many seem to refer to as an "international driver" -
which in actual English translates to foreigner, or otherwise
not resident in the UK, and you name them as the driver, the
police will immediately ask you to prove that they were insured
(knowing that foreign insurance will not cover them, and knowing
strongly suspecting that the friend either wasn't driving or
wasn't even there).
>
> I note that whilst your post was not a witness statement sworn
to be the truth, the whole truth and nothing but the truth, you
make no mention of asking your friend if he recalls the
incident, merely that he has "gone back to home". Most people
would find it curious that you appear to be seeking legal advice
before making any attempt to get your heads together with your
convenient friend to try to work out who was driving.
>
> I also note that you make no mention of making any attempt
otherwise to determine who was driving, instead preferring to
set out your excuse that the incident was so long ago and that
your friend has "gone back to home".
>
> The law requires you to name the driver. If you are unable to
do so, you arew required to provide any information that is in
your power to give that might lead to the identification of the
driver and there is becomes part of a defence if you you are
able to persuade a bench of magistrates, on the balance of
probabilities, that you both do not know who was driving and
cannot with reasonable diligence work out who was driving.
>
--- End Quote ---
My post was a brief summary of the issue I have and I didn't
give the full details. Being new to this site - I just wanted an
idead if this is the sort of thing I could get help/advice with.
I wondered whether there is a time limit when a NIP should be
sent to me, as I'm sure I'm not the only person that can't
remember what I was doing on the 26th June this year. I was
being honest with the fact that it coincided with when my friend
was visiting but - I can't be 100% sure who was driving on that
day as other people in my household have access to the vehicle
and are fully insured to do so.
Thanks for your response all the same.
#Post#: 37833--------------------------------------------------
Re: Nip received after 2 months.
DIR By: NewJudge
Date: September 22, 2024, 10:29 am
---------------------------------------------------------
--- Quote ---
> I wondered whether there is a time limit when a NIP should be
sent to me,..
--- End Quote ---
No there isn't. In fact the police have no obligation to send
you a NIP at all.
Only the first NIP is required by law. Any others are provided
as as a courtesy (and often because they are printed on the same
sheet of paper as the "request for driver's details."
#Post#: 37853--------------------------------------------------
Re: Nip received after 2 months.
DIR By: Southpaw82
Date: September 22, 2024, 1:04 pm
---------------------------------------------------------
Presumably if your friend isn’t insured to drive your car it
wasn’t them driving? Because surely you wouldn’t let them drive
uninsured, right? So your friend visiting is irrelevant.
#Post#: 37871--------------------------------------------------
Re: Nip received after 2 months.
DIR By: roythebus
Date: September 22, 2024, 2:53 pm
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How about one of the other people in the house whe you say are
insured to drive? Was it one of them?
#Post#: 38302--------------------------------------------------
Re: Nip received after 2 months.
DIR By: Lucky777
Date: September 25, 2024, 12:12 pm
---------------------------------------------------------
--- Quote from: NewJudge link ---
>
> [quote]I wondered whether there is a time limit when a NIP
should be sent to me,..
--- End Quote ---
No there isn't. In fact the police have no obligation to send
you a NIP at all.
Only the first NIP is required by law. Any others are provided
as as a courtesy (and often because they are printed on the same
sheet of paper as the "request for driver's details."
[/quote]
This is the first one I have received in my name and the letter
was dated 02/09/2024
#Post#: 38305--------------------------------------------------
Re: Nip received after 2 months.
DIR By: Lucky777
Date: September 25, 2024, 12:15 pm
---------------------------------------------------------
--- Quote from: Southpaw82 link ---
>
> Presumably if your friend isn’t insured to drive your car it
wasn’t them driving? Because surely you wouldn’t let them drive
uninsured, right? So your friend visiting is irrelevant.
>
--- End Quote ---
My friend would have had insurance to drive as they have a GB
licence. However they are not a named driver on my insurance
policy.
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