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DIR Return to: Speeding and other criminal offences
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#Post#: 54338--------------------------------------------------
Speeding NIP – Need Advice
DIR By: mrpopa
Date: January 21, 2025, 9:13 am
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Hi all,
I’ve recently received a Notice of Intended Prosecution (NIP)
for a speeding offence in the West Midlands. However, I believe
the driver at the time was my sister, who was visiting the UK
from the Netherlands. She borrowed my car during her stay, but
I’ve run into some issues responding to the NIP.
The problem is that the West Midlands Police online portal isn’t
working when I try to log in using the details provided. I
emailed them to ask how I should proceed, explaining that I
couldn’t respond online. I received an automatic reply saying
they aim to respond within five working days, but it’s been
longer than that (13 days), and I still haven’t heard back.
I have a few questions and would appreciate your advice:
What evidence do I need to provide to confirm that my sister was
driving?
What should I expect next in terms of the process?
Do I have any grounds to appeal this or challenge the NIP based
on the difficulties I’ve faced with their online portal?
I want to handle this properly and ensure everything is
documented. Any advice on how to move forward would be greatly
appreciated.
Thanks in advance!
#Post#: 54341--------------------------------------------------
Re: Speeding NIP – Need Advice
DIR By: FuzzyDuck
Date: January 21, 2025, 9:22 am
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--- Quote from: mrpopa link ---
>
> What evidence do I need to provide to confirm that my sister
was driving?
>
--- End Quote ---
No evidence needed, you simply name her.
--- Quote from: mrpopa link ---
>
> What should I expect next in terms of the process?
>
--- End Quote ---
You nothing. Your sister should receive her own notice, to which
she needs to respond to.
--- Quote from: mrpopa link ---
>
> Do I have any grounds to appeal this or challenge the NIP
based on the difficulties I’ve faced with their online portal?
>
--- End Quote ---
You can't appeal a NIP, it's just a notice. Problems with the
portal doesn't give you (or your sister) any kind of defence.
Did your sister have insurance in place when she drove your
vehicle. This is often checked when the named driver is from
overseas.
#Post#: 54342--------------------------------------------------
Re: Speeding NIP – Need Advice
DIR By: The Slithy Tove
Date: January 21, 2025, 9:25 am
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You don't need evidence of your sister's driving. You just need
to name her with an address. If it's an overseas address, the
police tend to be a bit sceptical, as it is seen by those less
honest as a "get-out" from the speeding offence. To counter
that, they are likely to come back to you asking for proof that
she was insured to drive (unless she is a named driver on your
policy, non-residents may struggle as her Dutch insurance is
unlikely to cover driving other people's cars in the UK).
You can't challenge an NIP. Have/had you considered the
old-fashioned method of completing the paper form and putting it
in the post (with free certificate of posting from the Post
Office - and don't forget to take a copy of the form)?
#Post#: 54343--------------------------------------------------
Re: Speeding NIP – Need Advice
DIR By: 666
Date: January 21, 2025, 9:26 am
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To address your questions:
- No evidence is required. It is simply your responsibility to
ascertain who was driving.
- Normally, you could expect nothing. Your sister would receive
her own correspondence in due course. But when you nominate a
driver from outside the UK, the police may well seek proof that
she was insured.
- There's nothing to appeal. You've not been convicted (or even
accused) of anything. The non-availability of the portal seems a
red herring. Presumably the NIP gave instructions on how to
respond by post?
#Post#: 54347--------------------------------------------------
Re: Speeding NIP – Need Advice
DIR By: mrpopa
Date: January 21, 2025, 9:30 am
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My sister was visiting from the Netherlands and has insurance
coverage there, but we were unaware that her policy might not
extend to driving my car in the UK. At the time, we didn’t
realize it was necessary to arrange separate insurance for her
to legally drive here.
This has left me unsure about the best course of action to take,
and I’m worried about the potential consequences.
#Post#: 54353--------------------------------------------------
Re: Speeding NIP – Need Advice
DIR By: NewJudge
Date: January 21, 2025, 9:55 am
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--- Quote ---
> This has left me unsure about the best course of action to
take,...
--- End Quote ---
What course of action, apart from naming your sister, do you
have in mind?
#Post#: 54356--------------------------------------------------
Re: Speeding NIP – Need Advice
DIR By: andy_foster
Date: January 21, 2025, 10:46 am
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If your sister was driving at the time, your options are to name
the driver, or commit the s. 172 offence by doing nothing. The
former *might* win you 6 points for permitting, whereas the
latter *will* win you 6 points. We cannot advise you to commit
an offence, even an offence of omission, and there would seem to
be little benefit in committing an offence to replace a
likelihood of 6 points with an almost certainty of 6 points. If
you were tempted to be a little "creative", there is a real
chance of a custodial sentence if you get caught.
However, *if* after retracing your steps you remember that you
were actually driving and that your belief that your sister was
driving was based more on the presumption that you would avoid
liability by naming a foreign driver than it was on fact, then
again you should name the driver.
#Post#: 54479--------------------------------------------------
Re: Speeding NIP – Need Advice
DIR By: mrpopa
Date: January 22, 2025, 6:31 am
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Thank you for your responses. It is really appreciated.
On a separate note, since I have been unable to access the
online portal to view the photographic evidence of the speeding
incident, despite reaching out to them via email, could this be
considered a valid reason for any delay in responding to the
NIP?
Essentially the NIP letter I had is ripped, and I do not know
where or how to get another to send the NIP by post.
Any advice is appreciated.
#Post#: 54482--------------------------------------------------
Re: Speeding NIP – Need Advice
DIR By: 666
Date: January 22, 2025, 6:39 am
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--- Quote from: mrpopa link ---
>
> Thank you for your responses. It is really appreciated.
>
> On a separate note, since I have been unable to access the
online portal to view the photographic evidence of the speeding
incident, despite reaching out to them via email, could this be
considered a valid reason for any delay in responding to the
NIP?
>
> Essentially the NIP letter I had is ripped, and I do not know
where or how to get another to send the NIP by post.
>
> Any advice is appreciated.
>
--- End Quote ---
No, the police are under no obligation to provide evidence at
this point, and in any event the photo(s) they may provide are
not necessarily those to be used in evidence.
Phone the police ticket office, explain you've lost the form,
and a few days delay may not be an issue.
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