Speeding in company car dispute

AdrianC

TonyMMM wrote: »

The summons is for failing to name the driver (s172 RTA), not for not responding to the NIP.

Yes, that's the charge. The question is whether he failed to name them by replying, saying "I don't know, mate." or by ignoring the NIP.

The 4 month delay is in his favour

Not if his ignoring the NIP has contributed to that four months. The relevant date here is the first time that he knew there was a NIP on the way to him. If his co.car admin told him as soon as they received it, then that's going to be around a month. Even if they didn't, still well within two.

TonyMMM

AdrianC wrote: »

Not if his ignoring the NIP has contributed to that four months. The relevant date here is the first time that he knew there was a NIP on the way to him.

The OP said his colleague has had a "letter through" 4 months after the incident. As it isn't 100% clear I am giving him the benefit of the doubt that it was the first he heard of the incident - if not, I agree it will not help.

It probably won't harm the chances of doing a plea bargain though ( if he was driving)

AdrianC

TonyMMM wrote: »

The OP said his colleague has had a "letter through" 4 months after the incident.

Yes, and he also said that letter was the summons. Not a NIP. So the NIP must have been received at LEAST a month earlier, probably more like two months.

privateparkingchanges

Thanks everyone. I will feed this back.

So are we all agreed best bet is to go for guilty on speeding and see if they will drop the other charge.

AdrianC wrote: »

Not if his ignoring the NIP has contributed to that four months.

4 months was his first contact. He did not hear anything until 4 months after the offence.

EssexExile

AdrianC wrote: »

Hey-ho. Only nine points for the pair... I do hope his licence was clean to start with.

Around these parts they go for the speeding offence or the not responding, not both. Other areas are different. But whichever way it's done you only get the points for the speeding or for the not responding, whichever is greater, not for both.

TadleyBaggie

EssexExile wrote: »

But whichever way it's done you only get the points for the speeding or for the not responding, whichever is greater, not for both.

There was a case on Pepipoo where someone was dual charged and pleaded guilty to the speeding and not guilty to the FtF...they went ahead and tried and found them guilty of the FtF charge too. They got 9 points. The "rule" about only getting points for the offence that attracts the most points is only true if the offences occurred at the same time.

EssexExile

The way I was told was only one set of points per "original event". If it hadn't been for the "speeding" there wouldn't be the "not responding", one original event. However, knowing the legal profession, I wouldn't be at all surprised if that was interpreted differently elsewhere!

TonyMMM

If two offences occur as part of the same incident - such as speeding through a red light, then it is correct to say that only one set of points would usually be awarded.


"Failing to nominate" is committed some weeks or months (in this case) after the original speeding offence and the two are therefore separate. It is quite possible to end up with 9pts in this sort of situation if not handled correctly.

It is vital to get the agreement of the prosecutor on the day to drop the more serious charge and substitute the original speeding - do not send any sort of plea in advance.

kev25v6

Just ask for the photo from the police, that will show who was driving easy enough.

Car_54

kev25v6 wrote: »

Just ask for the photo from the police, that will show who was driving easy enough.

Good idea, except

1. It's too late
2. Even if it wasn't, there might not be a photo anyway
3. Even if there was, it would probably not show the driver.
3.