Notice of Intended Prosecution - help needed

JQ.

In answer to the OP's question - I would imagine the NIP was served on the lease company directly, they then provided you husband's details and then he was contacted on the 4th May. If you want to go down the route of the NIP being out of time you'll need to speak to the lease company about when they received the intial NIP.

jaydeeuk1

........................

TonyMMM

Legally, only the first NIP, to the reg keeper (i.e. in this case the lease co) has to be served within 14 days - there is no time limit on subsequent NIPs in the chain.

asbokid

snoopytweety wrote: »

I did however then issue him with a final written warning as our company handbook for drivers clearly states...

You love your job! I would also make him bend over my desk and spank him... as our company handbook on punishment clearly states....

Hammyman

kwaks wrote: »

97 is a speed a lot of modern vehicles can hit in seconds when going for an overtake

Utter rubbish. I've driven properly quick cars in my time capable of doing sub 13 second/ >100MPH 1/4 mile times and my wife has a 200BHP V6 Mitsubish which capable of accelerating quicker than most cars you'll find on a motorway and even they'd be struggling to do 65-97 in a couple of seconds. Your average car wont do 65-97 in a couple of seconds.

guess you must be used to bumbling around at 40, in the middle lane :rotfl:

No because I'm a competent driver. I've done more motorway miles than you will ever do in your entire lifetime and I've yet to hit my 40th birthday.

I managed 1.8 million miles, sometimes exceeding 150,000 miles per year, without getting any points. Does this mean I didn't break the speed limit? No. As I needed my licence for my job and even 6 points made me unemployable, I didn't take the pi$$ unlike the OPs OH.

Hammyman

gonzo127 wrote: »

70 is the limit 80 is fine for overtaking someone why someone would need to go to 97 is beyond me, just because something is possible does not mean it should be right

97 which could have shown up as 105MPH on the speedo....

thelawnet

Hammyman wrote: »

97 which could have shown up as 105MPH on the speedo....

It would have shown up as 97mph on my Volvo (which was 100% accurate according to GPS).

thelawnet

Hammyman wrote: »

No because I'm a competent driver. I've done more motorway miles than you will ever do in your entire lifetime and I've yet to hit my 40th birthday.

I managed 1.8 million miles, sometimes exceeding 150,000 miles per year, without getting any points. Does this mean I didn't break the speed limit? No. As I needed my licence for my job and even 6 points made me unemployable, I didn't take the pi$$ unlike the OPs OH.

This is a good point, you will no doubt see 100mph drivers every day, but if you are going to go that fast you need to take the consequences tbh. The guidelines are out there - 89mph on a motorway, watching for cameras, on a clean licence is fairly low risk of serious criminal penalties - but pushing 100mph with 6 points is just silly.

He didn't learn his lesson the first and second time, there's no real reason why the court should let him off leniently, it's not like he didn't know he didn't have 6 points already, or he didn't know that he was doing nearly 100mph, and that you don't want to be caught doing that speed under any circumstances, let alone with 6 points on your licence. I'd have a little more sympathy perhaps for someone caught doing 34mph in a 30mph and complaining about losing their job, but when you do 97mph on a heavily soiled licence, you really need to man up when you get caught.

Lum

snoopytweety wrote: »

Well - professional opinion time!

I run a HR department where I also look after a fleet of 200 odd vehicles. We lease our vehicles and when a driver is caught speeding, the NIP goes from the police authority to the lease company (as registered keeper) within 14 days, then the lease company tell the police authority that the my company leas the vehicle and as my name is on the lease agreement the police authority then sends the NIP to me within 14 days (ticker starts all over again)

Small correction/clarification here:

Yes the NIP must arrive at the lease company within 14 days. The lease company then have up to 28 days to reply (otherwise they are liable for an offence under S172) and then the police have up to 28 days to issue a new NIP to the nominated driver. Repeat for as many people in the chain before it finally reaches the driver

So the longest a NIP can take to arrive is (N - 1) * 56 + 14 days where N is the number of people in the chain.

For the typical Lease -> Company -> Driver chain, that's 126 days.


As for 97 on a motorway, in the right conditions and in a suitable car with a suitably competent driver, I find nothing morally wrong with it (yes I know it's illegal in this country), but yes pretty stupid to do that with 6 points already on your licence. At least stick below the court summons threshold which is 25 over.

If it were so dangerous to do 90+ on a quiet motorway then how come Germany manages ok?

jaydeeuk1

thelawnet wrote: »

It would have shown up as 97mph on my Volvo (which was 100% accurate according to GPS).

GPS isn't that accurate. Resolution is in the order of several metres (hence why europe is building this far more advanced and accurate system). So between two points to measure speed every second over say 100 metres, thats still quite a margin of error.

If I'm on the motorway and wanting to push it, I only do so on safer clearer stretches, whilst being extra careful looking out for cameras, cars/lorries pulling out, unmarked cars etc, and certainly not when I've got 6 points and a job that depends on it.