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Hi dear, pls kindly help in this matter. I have received a

 

Customer Question

Hi dear, pls kindly help in this matter. I have received a NIP dated 22/5/12 addressed to the company secretary since this vehicle is registered company car. This NIP was for ''alleged offence of excess speed(50mph limit) of 58mph on the 16/5/12 at 05:14hrs at the A13''. The NIP also stated that the allegation can be supported in court by technical and photograhic evidence.
Do i go ahead and challenge this NIP? what should i do pls

 

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Province/Country relating to question : london

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Submitted: 306 days and 9 hours ago.
Category: UK Traffic Law
Value: £33
Status: CLOSED
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Expert:  UK-Justice replied 306 days and 9 hours ago.

Thanks for your question. Please remember to AGREE my answer so that I am credited for my time.

Who is the registered keeper?

Have you received a later NIP?

Customer replied 306 days and 9 hours ago.

It is a company vehicle but with my name as the registered keeper, yes i have received an NIP addressed to to company secretary with my name below, want me to supply the named driver as at the time of the offence within 28 days

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Expert:  UK-Justice replied 306 days and 9 hours ago.

And can you do this?

Customer replied 306 days and 9 hours ago.

I am abit confused what to do hence am seeking your advice. Though i have clean driving licence for over 7 yrs without any points, am abit sceptical on the out if i say is me, will i be fined and points on licence or offered a speed awareness course. or should i name the 'driver' plus the address?

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Expert:  UK-Justice replied 306 days and 9 hours ago.

You should name the actual driver.

As a business you should be keeping records about who was driving at the time.

As such you should be able to name whoever the driver is at that time.

If you fail to do so you will be liable for 6 points.

Please remember to agree my answer so that I am credited for my time. Thank you.

Customer replied 306 days and 8 hours ago.

well you will agree with me its practicably not possible in all case to keep details of drivers. if i do name the driver what will be the possible consequence from your expert advise?

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Expert:  UK-Justice replied 306 days and 8 hours ago.

That is not correct.

Case law in criminal cases show that you are expected and required to keep logs of who is driving what vehicle and when.

This sounds impossible - but legally you are required to.

You are required to name the driver.

If it was you, you should nominate yourself and you may be offered the course and avoid points.

Please remember to agree my answer so that I am credited for my time. Thank you.

Customer replied 306 days and 8 hours ago.

Thanks, XXXXX XXXXX situation the driver is a friend of my whose family lives in the uk but he personally resides in the carribeans, what do i do in this regards.

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Expert:  UK-Justice replied 306 days and 8 hours ago.

You still have to name him.

You may also have to produce insurance.

Please remember to agree my answer so that I am credited for my time. Thank you.

Customer replied 306 days and 8 hours ago.

what insurance?

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Expert:  UK-Justice replied 306 days and 8 hours ago.

Insurance to show that he was allowed to drive the vehicle.

Please remember to agree my answer so that I am credited for my time. Thank you.

Customer replied 306 days and 8 hours ago.

ok but when you lease car from car leasing companies i dont i have ever been told to show my insurance? while would be required in this case to do so?

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Expert:  UK-Justice replied 306 days and 8 hours ago.

Because you are nominating someone and the Police may want to check.

Please remember to agree my answer so that I am credited for my time. Thank you.

Customer replied 306 days and 8 hours ago.

I am really confused here, since i wasnt the driver as that time.

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Expert:  UK-Justice replied 306 days and 8 hours ago.

Yes.

I know you were not driving.

It was your friend but you may need to provide insurance certificate.

I am just saying thats all.

Please remember to agree my answer so that I am credited for my time. Thank you.

Customer replied 306 days and 8 hours ago.

Agreed just worried if like you said the company is asked to produce insurrance of the driver and we cant what happens next?

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Expert:  UK-Justice replied 306 days and 8 hours ago.

Then you could be prosecuted for letting someone drive without insurance.

Please remember to agree my answer so that I am credited for my time. Thank you.

Customer replied 306 days and 8 hours ago.

still abit confused, are there no legal loopholes to this kind of NIP from your legal expertise?

Accepted Answer

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Expert:  UK-Justice replied 306 days and 8 hours ago.

If it has been served within 14 days then no.

Loopholes have been tightened up.

I am sorry.

Please remember to agree my answer so that I am credited for my time. Thank you.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.9 %
Accepts: 527
Answered: 6/12/2012

Experience: Called to the Bar in 2007

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Expert:  UK-Justice replied 303 days and 4 hours ago.

I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

 
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