Alleged speeding NIP advise please

facade

MB69 wrote: »

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!

Carrot and stick. Either eat the carrot, or they beat you with the stick.

Now you can work out who was driving, go for the carrot

Vectis

Why do people make life so difficult for themselves?

I get the idea from your posts that you think that if you cause enough confusion (don't know the exact place, can't be sure who was driving) then you might get away with it. You wont.

Decide between you who it probably was and accept the consequences. You're just tying yourself in knots otherwise.

facade

The Good News is if you both refuse to unequivocally name a driver, no-one can be charged with speeding, as they don't know who it was.

The Bad News is that both of you will be convicted of the S172 offence, with 6 points apiece, a big big fine, victim surcharge, court costs, and massively increased insurance premiums for years.

It is theoretically possible to convince a tired, cynical court that you both really truly definitely cannot remember who was driving and therefore couldn't possibly name a driver, but there is more chance of a lottery win tbh

dannyrst

facade wrote: »

The Good News is if you both refuse to unequivocally name a driver, no-one can be charged with speeding, as they don't know who it was.

The Bad News is that both of you will be convicted of the S172 offence, with 6 points apiece, a big big fine, victim surcharge, court costs, and massively increased insurance premiums for years.

It is theoretically possible to convince a tired, cynical court that you both really truly definitely cannot remember who was driving and therefore couldn't possibly name a driver, but there is more chance of a lottery win tbh

In fairness to the OP (without seeing the NIP), the police could have been slightly more accurate in their description of where the offence occurred.

EssexExile

facade wrote: »

It is theoretically possible to convince a tired, cynical court that you both really truly definitely cannot remember who was driving and therefore couldn't possibly name a driver, but there is more chance of a lottery win tbh

I've known it be tried for an offence many months ago but some good questioning by the prosecutor soon made it clear that they knew exactly who was driving. For an offence last month I can't see it working.

GTE_Boy

dannyrst wrote: »

In fairness to the OP (without seeing the NIP), the police could have been slightly more accurate in their description of where the offence occurred.

M1 northbound at Tibshelf makes it clear enough. Even more so if they've put the marker post number on as some do.

dannyrst

GTE_Boy wrote: »

M1 northbound at Tibshelf makes it clear enough. Even more so if they've put the marker post number on as some do.

But they didn't, or surely the OP would have mentioned or been able to look that up.

GTE_Boy

dannyrst wrote: »

But they didn't, or surely the OP would have mentioned or been able to look that up.

Maybe the OP didn't see the revevence of 175/4.


Someone's already acknowledged it was easy to look the camera site up.

MB69

Thank you all for the responses.

To confirm, there is no absolute mention of any post markers or anytihng at all on the NIP to confirm location apart from 'M1 Northbound Tibshelf'.

A response has now been sent back to the said force, and nominated me as the driver if the offence happened after the services and herself if it was before.

We shall see what they say as this is most we can do without their help. At least we have named the drivers with the exact locations. If the force doesn't accept that, then it will be an expensive day in front of the elderly before taking it to the crown.

GingerBob_3

MB69 wrote: »

Thank you all for the responses.

To confirm, there is no absolute mention of any post markers or anytihng at all on the NIP to confirm location apart from 'M1 Northbound Tibshelf'.

A response has now been sent back to the said force, and nominated me as the driver if the offence happened after the services and herself if it was before.

We shall see what they say as this is most we can do without their help. At least we have named the drivers with the exact locations. If the force doesn't accept that, then it will be an expensive day in front of the elderly before taking it to the crown.

An interesting response to them, and in my view a perfectly reasonable one. Hopefully their low corporate intellect will not be able to deal with the situation. I assume they'll just pick one of you at random so they won't need to put any further effort into it. Keep us posted and good luck.