Notice of Intended Prosecution advise

kingstreet

spoiled_genius wrote: »

Hi Experts,

Need some advise, I have received NIP for overspeeding in 30mph limit at 40 mph. I am not sure how it happened but normally I keep a close eye on the speed. I sold the car next day(30th Jan) and don't have with me now, but the day it happened it was myself driving it, I would accept that I was the driver that time, but have few more worries, as I planned to sale the car, my insurance ran out 25th Jan, I didn't bother to renew it, my mistake, also, I had 2 years provisional license only so was driving on it, now Police has send me as of now letter asking to confirm driver at time of offence, would they also check the car was insured when offence occurred or would they just send me 60 pound FPN(Fixed Penalty Notice) and 3 points on driving license, Please see I accept it was my fault just thinking best way to minimize penalty and how do I proceed ahead, any advise would be really appreciated.

Thanks.

Over here for advice;-

http://forums.pepipoo.com/index.php?showforum=5

I suspect the consensus will be to return the fully completed S172 form asap and hope for the offer of a speed awareness course.

Nearly_Old

Remember that the OP claims to have received a NIP for an alleged offence of Speeding (wording on a NIP) committed on 29 January (Quote: I sold the car next day(30th Jan)).

The NIP only a) defines the alleged offence and b) requests that the Registered Keeper (RK) confirms who was driving at the time of the alleged offence - nothing more. If the RK was driving then they complete Part 1 of the Section 172 notice (the 2nd sheet of the NIP) including their Driver Number. If the RK was not the driver then they complete Part 5 of the Section 172 notice. A new NIP is then issued in the name of the driver identified by the RK. Unfortunately I am the RK for my wife's car so have experience of this.

It is highly unlikely that the authorities will do anything until the identity of the driver has been established. As well as the Driver Number the driver has to confrm whether the licence has been issued by: DVLA or EU Country or Non-EU Country. It is really only at this point that the authoritities can check the type of licence held - they are linked to the DVLA database.

Returning the NIP can result in: a) the offer of a speed awareness course; or b) the issue of a Fixed Penalty Notice (i.e. a gulity plea to the offence); or c) the issuing of a court summons. If the driver was really on a provisional licence with no insurance then c) is (IMHO) the likely result.

No post that I can see on pepipoo yet?

Lum

TrickyWicky wrote: »

Huh?

So if they have a photo of one person in the car, they then receive a provisional licence, do you not think they'll look into that?

Nope.

Even if it was a front facing camera. The photo will be viewed before they know who the driver is and a NIP sent out to the registered keeper.

They'll only look at the photo again if something happens to make them suspicious. If the OP just admits to the offence and pays up without causing a fuss then it wont happen.

When they get a conditional offer. The completed CO, driving licence and fee get sent through to the Court who process thousands of these things daily, they won't be looking at the photographs and depending on how things are set up they might not even have access to them.

Don't get me wrong, I too think the OP is a muppet but I'm hoping that this scare and lucky escape will make them more careful about insurance renewals in future.


It's things like this that contribute to the reasons why so many people think that safety is not the primary concern of the speed camera system.

avantra

The dry facts are, the OP don't say if they were in the car with another license holder (I think minimum of 3 years) so unless the police can provide evidence he was alone the provisional argument is a no go.

No valid insurance might show up on the system so you are done on this one. If you get the offer to pay a fine simply pay and simply suffer the hike in insurance.

Lum

They wont be checking the insurance either. The only time they do that is if you try to wriggle out of the ticket by claiming it was a foreign national that committed the offence. They then ask you for proof that said person was insured and if you can't provide it they do you for causing or permitting driving while uninsured.

Wig

The dry fact surely has to be the OP has posted this 2 days ago, has since returned to the forum but has seen fit not to put any further replies.

End of.

Sgt_Pepper_2

Looks like its on pepipoo now.