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#Post#: 77313--------------------------------------------------
Re: NIP Advice please
DIR By: BertB
Date: June 20, 2025, 4:10 am
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A lot of irrelevant waffle.
OP, just name your father as driver online. Do it yourself and
know it is done. He will then get his own request through the
post. Read the instructions on that one and send back completed
as directed.
#Post#: 77314--------------------------------------------------
Re: NIP Advice please
DIR By: Southpaw82
Date: June 20, 2025, 4:17 am
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--- Quote from: DrSatan link ---
>
> (which includes getting points on their licence)
>
--- End Quote ---
You sure about that?
#Post#: 77324--------------------------------------------------
Re: NIP Advice please
DIR By: 666
Date: June 20, 2025, 5:08 am
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--- Quote from: Southpaw82 link ---
>
> [quote author=DrSatan link=topic=6876.msg77305#msg77305
date=1750406735]
> (which includes getting points on their licence)
>
--- End Quote ---
You sure about that?
[/quote]
s172(5) provides for such a person to be "punished accordingly".
Does that not include points (or indeed a ban)?
#Post#: 77353--------------------------------------------------
Re: NIP Advice please
DIR By: andy_foster
Date: June 20, 2025, 6:48 am
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--- Quote from: DrSatan link ---
>
> In layman's terms, if the director(s) are to blame (whether
through a positive act or through neglect) for the company
getting fined for failing to identify the driver, they can also
be penalised (which includes getting points on their licence)
>
--- End Quote ---
If you don't know what you're talking about, please refrain from
posting bollox
#Post#: 77367--------------------------------------------------
Re: NIP Advice please
DIR By: DrSatan
Date: June 20, 2025, 7:13 am
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--- Quote from: andy_foster link ---
>
> [quote author=DrSatan link=topic=6876.msg77305#msg77305
date=1750406735]
> In layman's terms, if the director(s) are to blame (whether
through a positive act or through neglect) for the company
getting fined for failing to identify the driver, they can also
be penalised (which includes getting points on their licence)
>
--- End Quote ---
If you don't know what you're talking about, please refrain from
posting bollox
[/quote]
Luckily I do know what I'm talking about and what I posted
wasn't 'bollox'
HTML https://www.safetycameras.gov.scot/news/company-director-receives-300-fine-and-6-penalty-points-after-failing-to-give-information-to-identify-a-driver/,<br
/>but thanks for the tip.
#Post#: 77373--------------------------------------------------
Re: NIP Advice please
DIR By: Southpaw82
Date: June 20, 2025, 7:24 am
---------------------------------------------------------
--- Quote from: DrSatan link ---
>
> [quote author=andy_foster link=topic=6876.msg77353#msg77353
date=1750420126]
> [quote author=DrSatan link=topic=6876.msg77305#msg77305
date=1750406735]
> In layman's terms, if the director(s) are to blame (whether
through a positive act or through neglect) for the company
getting fined for failing to identify the driver, they can also
be penalised (which includes getting points on their licence)
>
--- End Quote ---
If you don't know what you're talking about, please refrain from
posting bollox
[/quote]
Luckily I do know what I'm talking about and what I posted
wasn't 'bollox'
HTML https://www.safetycameras.gov.scot/news/company-director-receives-300-fine-and-6-penalty-points-after-failing-to-give-information-to-identify-a-driver/,<br
/>but thanks for the tip.
[/quote]
Except Schedule 2 to the Road Traffic Offenders Act 1988 doesn’t
provide for discretionary or obligatory endorsement of a licence
for an offence under a 172(5), so how would points be imposed?
#Post#: 77874--------------------------------------------------
Re: NIP Advice please
DIR By: malt
Date: June 24, 2025, 6:05 am
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Thanks for all this extra info re the company, not sure I
totally understand it.
Want to go the honest route and ok to say Dad was driving both
times.
As nominating on behalf of the company, does this go under
section 2 (with updating details in section 4?) or section 3 and
name him in section 4?
Thank you :)
#Post#: 77884--------------------------------------------------
Re: NIP Advice please
DIR By: NewJudge
Date: June 24, 2025, 7:08 am
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--- Quote ---
> Thanks for all this extra info re the company, not sure I
totally understand it.
--- End Quote ---
In a nutshell it means this:
When a "request for driver's details" is addressed to an
individual and no response (or an unsatisfactory one) is
received, the individual to whom it was addressed will, on
conviction for that offence see a fine and six points imposed on
his licence.
Where the recipient of the request is not an individual but a
"body corporate" (e.g. a company) it is not possible to impose
points because a company does not have a driving licence or
driving record.
However, there is a provision in the law which says if it can be
proved that the failure to respond is due to the "consent,
connivance or neglect" of an identifiable individual, that
individual can also be punished.
So if, in your circumstances, you (as, say, the Company
Secretary) decide to say "Sod it. We'll not bother responding to
that. I know who was driving but I don't want to see him get an
endorsement and points so we'll just take the financial hit
against the Company" (and it can be proved) then you, as an
individual, can also face prosecution.
It was then suggested that you, as that individual, could also
see six points imposed. But as Southpaw points out, the law does
not allow it. The only penalty is a financial one.
I don't know what the various sections are on the response form.
In essence the Company needs to say "I was not driving" and then
provide Dad's details as the person who was. He will then get
his own request which he must complete to confirm he was
driving.
#Post#: 78086--------------------------------------------------
Re: NIP Advice please
DIR By: malt
Date: June 25, 2025, 4:53 am
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Ok great thanks so much for explaining Newjudge!
So will fill out 'I was not the driver' and then fill in that my
dad was and wait for him to receive the next form in his own
name then fill that in to confirm he was the driver.
Thank you!
Really helpful, much appreciated :)
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