How to proceed with a NIP for speeding..?

harveybobbles

NIP arrived for doing over 30.

Two of us were driving the car that morning around the time of the "offence" but neither of us can remember who was in the car at actual time - we were helping a friend move some bulky items.

The photo shows the back of the car, so cant even make out who is driving.

I don't want to say it was me, incase it wasn't. like wise, the other person doesn't want to say it was them either.

Both have clean licences.

Local Plod are useles on the phone.

TadleyBaggie

If no one is named within 28 days a failing to furnish charge will follow (6 points, large fine and insurance issues for 5 years). A "can't remember" defence will almost certainly fail. Naming the most likely person is probably the most pragmatic way to go.

roonaldo

harveybobbles wrote: »

Local Plod are useles on the phone.

Because its the police's fault that one of you was speeding and cannot remember?

Nodding_Donkey

Reply to the NIP giving both names and let them sort it out.

facade

Take this to Peppipoo, however the answer will be as post #2.

Failing to name a single driver will result in a 6 point insurance unfriendly penalty and a large fine.

There is a defence of not knowing the driver, but this has been overused, and is a very high bar to jump.

If you really cannot remember the incident, which was only once in the day so it ought to stand out, then you will simply have to name the most likely driver i.e. the person you believe was driving at the time, and they will probably be offered a course, unless the excess speed is a lot (in which case you should be able to remember who it was)

DUTR

A simple way in future is perhaps to have a signing book when someone uses the car.

mad_rich

I sympathise. There are plenty of occasions where I would be unable to remember who was driving - even after forensic examination of phone records, credit card bills etc.

I would be pretty miffed if the law 'forced' me to name one person or another when I knew it was only a 50/50 chance it was them!

BillJones

mad_rich wrote: »

I sympathise. There are plenty of occasions where I would be unable to remember who was driving - even after forensic examination of phone records, credit card bills etc.

I would be pretty miffed if the law 'forced' me to name one person or another when I knew it was only a 50/50 chance it was them!

Best course of action if you are going to break the law then is to start taking notes. No point being miffed if you speed, get caught, but through your own fault don't know who was driving.

DUTR

mad_rich wrote: »

I sympathise. There are plenty of occasions where I would be unable to remember who was driving - even after forensic examination of phone records, credit card bills etc.

I would be pretty miffed if the law 'forced' me to name one person or another when I knew it was only a 50/50 chance it was them!

Should they both be let off then? I exceed the speed limit just as much as the next person.
Hand on heart though, the "I don't know who was driving" would open up many loopholes, what if for instance somebody collided with your car and perhaps the shared car drivers conveniently couldn't remember who was driving at the time?

Johno100

DUTR wrote: »

Should they both be let off then? I exceed the speed limit just as much as the next person.
Hand on heart though, the "I don't know who was driving" would open up many loopholes, what if for instance somebody collided with your car and perhaps the shared car drivers conveniently couldn't remember who was driving at the time?

Can't see a problem or a loophole as long as the vehicle is insured.

DUTR

Johno100 wrote: »

Can't see a problem or a loophole as long as the vehicle is insured.

Well I guess there is no loophole, as there is a penalty for failure to name the driver at the time of incident, so the authority and the poster both win.