Notice of Intended Prosecution - help needed

Flyboy152

dazrama3 wrote: »

I need some accurate solid advice.

I don't drive, but my partner does. He already has 6 points on his licience and today he recieved a Notiice of Intended Prosecution for driving 97 mph in a 70 mph area. The incident happened on 23rd March 2011 but he recieved the NIP today, 5th May 2011. The letter was dated yesterday, 4th May 2011.

I've been reading some articles that suggest that an NIP should be recieved within 14 days of the alleged offence. However, it's not that simple. It's a lease car. A company car.

I'm not clear on the rules - and tring to read and understand the Road Traffic Offenders Act is near impossible.

At this momenmt in time, we are not sure that the lease company were contacted. We will find out tomorrow.

As far I understand, my partner is the registered keeper.

Solid advice -or advice on how the solve the situation would be great. Thank you in advance.

I may be sounding a bit tough on this, but we are lucky he has been caught. Only an imbecile would drive like that, especially as he had been caught before. The sooner these people are off the road the better.

Lum

jaydeeuk1 wrote: »

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.

The error on a GPS is consistent across a large area, so whilst the position may be wrong, it will be consistently wrong, meaning that a speed reading will, in fact, be accurate.

That is, providing you are on a straight flat road with a clear view of the sky, of course.

Flyboy152

Lum wrote: »

The error on a GPS is consistent across a large area, so whilst the position may be wrong, it will be consistently wrong, meaning that a speed reading will, in fact, be accurate.

That is, providing you are on a straight flat road with a clear view of the sky, of course.

........keeping a constant velocity, avoid cosmic interference, sunspots and the like, atmospheric electormagnetic activity..........

fadetogrey

asbokid wrote: »

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

mmmmmm any vacancies in your firm??;);)

Flyboy152

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). I then check my fleet list and contact the employee to make sure they were driving at the time (might have had a colleague borrow the car or their child/partner/uncle John might have been driving) and then I complete the form and send back to the police authority. They then in turn within 14 days (ticker has re-set and started again) issue the NIP to the notified driver. So all in all I am afraid you are unlikely to get any joy from the 14 day rule as it will have gone round the houses several times and on each occasion probably been within the 14 days.

The heck it does. There is only one fourteen day period.

So much for "professional opinion!" :wall:

Flyboy152

Lum wrote: »

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?

But the fourteen day rule only happens once. There is no escaping prosecution, even if the lease company or employer delay in responding.

Lum

Flyboy152 wrote: »

But the fourteen day rule only happens once. There is no escaping prosecution, even if the lease company or employer delay in responding.

Correct. The 14 day rule only applies to getting the "1st NIP" out to the Registered Keeper's address as supplied to them by the DVLA.

mikey72

jaydeeuk1 wrote: »

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.

GPS uses doppler shift for speed as well, which is very accurate.

bigjl

I have heard of several FRU drivers enroute to cardiac arrest calls that have been given NIP's, one was doing 92 in a 70, the other was doing 78 in a 50 limit.

Both times they were on lights and the roads were clear and it was in the early hours of the morning.

They claimed an exemption from the legal posted limit in the interests of the patients in both cases, I believe they both gave written statements and sent them to the court, neither was given any points.

Another situation is with the Met Pol, if they are flashed exceeding a posted limit by more than 20 mph they are in court at the first opportunity, this has led to the Area Car drivers actually slowing down for spedd camers when in a pursuit.

It is admirable for the OP's partner to admit he was in the wrong but I must add that 97 in a 70 in a bit over the top, would almost certainly have been showing more than 100 on the clock.

I think his only option is to plead guilty and ask that the court considers the financial implications of a driving ban.

It may be better to attend court rather than just send in a statement so that you can explain in person how it will affect you.

I don't think there is any point using the 14 day ruke, as mentioned already I also think it is just for informing the registered keeper, not the actual driver, though if the registered keeper didn't inform them of the driver then they could be taken to court so this encourages the info to be oassed on quickly. A mate got 3 points due to a NIP arriving when he was on a months holidays in the USA, he wasn't amused, they wouldn't even listen when he showed them his passport. I am sure he went to court over it with no success.

Scooby_Doo.

bigjl wrote: »

I have heard of several FRU drivers enroute to cardiac arrest calls that have been given NIP's, one was doing 92 in a 70, the other was doing 78 in a 50 limit.

Both times they were on lights and the roads were clear and it was in the early hours of the morning.

They claimed an exemption from the legal posted limit in the interests of the patients in both cases, I believe they both gave written statements and sent them to the court, neither was given any points.

Another situation is with the Met Pol, if they are flashed exceeding a posted limit by more than 20 mph they are in court at the first opportunity, this has led to the Area Car drivers actually slowing down for spedd camers when in a pursuit.

It is admirable for the OP's partner to admit he was in the wrong but I must add that 97 in a 70 in a bit over the top, would almost certainly have been showing more than 100 on the clock.

I think his only option is to plead guilty and ask that the court considers the financial implications of a driving ban.

It may be better to attend court rather than just send in a statement so that you can explain in person how it will affect you.

I don't think there is any point using the 14 day ruke, as mentioned already I also think it is just for informing the registered keeper, not the actual driver, though if the registered keeper didn't inform them of the driver then they could be taken to court so this encourages the info to be oassed on quickly. A mate got 3 points due to a NIP arriving when he was on a months holidays in the USA, he wasn't amused, they wouldn't even listen when he showed them his passport. I am sure he went to court over it with no success.

Must be going against force policy for being involved in the first place.:rotfl: