Alleged speeding NIP advise please

Car_54

If the police don't respond wth information to help you decide, and you still fail to nominate the driver unequivocally, then BOTH of you are looking at six points, a large fine and a nasty endorsement code. Plus costs and surcharges.

Unless you can persuade a bench of cynical magistrates that you are genuinely unable to decide.

That's a hell of a gamble. The pragmatic way forward is to name the most likely driver.

BTW the police can serve a s172 notice on anyone they want.

lister

Nariman wrote: »

Hi

1) We are relatively sure who drove in to the services and who drove out. But wanted to make sure just in case the force came back to us and said where the location of the offence was.

Well surely this was easy from the very beginning then and you have contrived to make it complicated.

If you returned the form saying that if the exact location is before the services it was driver X, and if it is after it was Driver Y. You would then have unequivocally identified the driver for either case, so hopefully no risk of 6 points for failure to furnish.

Of course I wouldn't bank on the issuers bothering to work out correctly who it was based on exact location... More likely to dump it randomly on one or the other. But you would at least have done your best to comply.

You can probably still do this, but it is getting more risky. A reply from your partner saying the above would look awfully like you were both trying to nominate each other unless it was looked into carefully.

waamo

They have sent a s172 to your wife as she is a suspect in a crime. You have named her as a possible driver and as you don't know if it's you or her they are asking if she knows.

The question is how much of a gambling man are you? You MAY have a case of vague locus. The location they have provided is sufficiently vague enough to disadvantage you in that you could have swapped drivers within the location.

That would mean a trip to court and convincing a very cynical bench you couldn't work out who it was driving. Personally to try this I would see a motoring specialist solicitor. It's a heck of a gamble and could well land you both with 6 points, a huge fine and trouble with insurance.

The other choice is toss a coin. A course is pretty enevitable so no points. Whilst not ideal it may be more pragmatic.

neilmcl

The M1 Northbound Tibshelf will refer to the 2 camera locations north of Tibshelf services and between J29. So who was driving Northbound beyond the services?

neilmcl

GingerBob wrote: »

Reminds me of the latest high profile case of perverting the course of justice regarding this issue: Michael Howard and his wife genuinely couldn't work out who was driving but I think he was hit with six points anyway.

That's because he simply wrote "wife" on the form rather than properly identifying a possible driver.

Joe_Horner

neilmcl wrote: »

The M1 Northbound Tibshelf will refer to the 2 camera locations north of Tibshelf services and between J29. So who was driving Northbound beyond the services?

You mean these ones - the only ones in the area?

https://www.speedcamerasuk.com/database/EMD/emd037.htm

dannyrst

Joe_Horner wrote: »

You mean these ones - the only ones in the area?

https://www.speedcamerasuk.com/database/EMD/emd037.htm

Well I was going to say the OP potentially has a case if the police haven't supplied at least a mile marker, but seems the info is easy enough to find out anyway!

On a side note, only 2 cameras in a variable speed limit area?? That seems odd!

facade

Reading this again, I have a question.
Did you really get offered a SAC before the driver was named?

MB69

Well the leaflet was there to say that SAC maybe offered once a driver is named. I guess kind of like dangling a carrot and saying if you do name a driver, you can go and do a SAC, but if you don't, then you go to court and get 6 pts and a large fine!

neilmcl

dannyrst wrote: »

Well I was going to say the OP potentially has a case if the police haven't supplied at least a mile marker, but seems the info is easy enough to find out anyway!

On a side note, only 2 cameras in a variable speed limit area?? That seems odd!

There's more than 2 camera locations in the area but these are the only 2 between Tibshelf and J29. There are more beyond that all the way to J31 I believe.