Speeding notice next steps

[Speednotspeed]

I’ll try to be brief but full factual.

Dh and ds work for the same company. They’ve both had an NIP regarding a speeding offence. They both have separate letters to complete to say who was driving. They drive between 500 and 1000+ miles per week. Neither knows who drove on this day, both have checked their phones to see if they were texting etc (meaning they weren’t the driver) - nothing they can find to work out who was driving.

Just wondering the legalities and next steps. Dh will ring the police in the next couple of days for further information.

Offence date 24.4.24
Dh NIP dated 21.6.24, arrived 22.6.24
Ds NIP dated 21.6.24, arrived today, 25.6.24
Both received a reminder letter yesterday, 24.6.24 saying they had to complete and return the NIP.
NIP says the speed they were doing (59) and on what road, but not what the limit is on that road, or by how much they were speeding. I’ve googled and the road is a 70 but currently has yellow average speed check cameras, I’m assuming it’s a 50. We’re assuming we’ve googled the correct road.

Dh has asked work to confirm what date is on the initial letter, as if it’s after 14 days from the offence I understand it’s not enforceable?

So, not trying to get out of the speeding charge, just want to know legalities and ensure dh/ds are dealt with correctly.

Is it best/reasonable for dh to ring the police and ask for a copy of the original letter that would have gone to the company so he can check the date, ask what the limit is on the road of the offence, tell them as it’s 2 months previous he doesn’t not know who was driving and can only confirm he was in the vehicle? I’m hoping they have a photo as that will clear it all up. Should he ask this?

Any other help and advice much appreciated.

I worked with someone years ago who got a speeding notice. Neither her nor her husband could remember who was driving, and they evidentally put this forward most convincingly as they got let off.

Of course, that’s the tale she told!!

One will have to take the rap for it. Imagine how many people could get off a ticket by just saying they didn't know if they were driving or not, especially if no picture. That's why people are saying it.

I would certainly just be picking who it would impact the least over going to court and all that malarkey. 3 points and £100 fine is basically nothing. They could even split the fine. Your insurance don't even care about 3 points.

I'm not saying any of this in a negative way. I hope my tone isn't lost through the screen

I’ve been there, strangely is rather embarrassing. It goes into granular detail but who did what during the journey?

The other option is just as one of you to take the blame, preferably the person with the few amounts of points on their license. But don’t say this out loud in front of the court because they will call this an equivocal plea and force you to go to trial.

Agreed. This isn't a massive deal. Personally I would probably say it was DH, save an impact on the younger ones insurance.

Then unless one of them wants to speak up and claim the points you'll just have to go to court and see what's said.

They can’t do that without going to court in front of a magistrate

You cannot nominate two people on the NIP that comes to you from a company or hire place

I can’t for the life of me understand why you don’t call the local police station and explain your predicament

If they say it’s court then it’s court

or just put one of their names down!

it’s not that deep!

My point is, a company can’t nominate two possible drivers. You can’t have a NIP each!

The company might say DH. The NIP then goes to him. Then it’s up to him and the son to decide who was driving. They cannot nominate two people to generate two NIPS to go to two different individuals

I haven't read all the posts so sorry if I'm repeating what has already been said.
Can't they go on to Google maps and then look on their time lines. Go to the date of the alleged offense and look at the route and day. It will give you times of when and where they were driving, assuming location is switched on.

Lol. A company would *

I think you're still missing the point.

The obligations placed on a Keeper by S172(2)(a) of the Road Traffic Act are quite onerous and require them to nominate a driver. They cannot nominate two.

If with all due diligence they cannot nominate an individual they have a defence under S172(4). In framing that defence they can say that our reasonable diligence has narrowed it down to either Fred or George.

What stops the Police from doing what's happened here and pursuing both Fred and George on the basis that one might dob the other in?

They were both in the vehicle so this wouldn't help

It’s not enforceable after 14 days.

That's only if the police don't send it in 14 days. It's the company/lease co that have caused the delay.

notacooldad · Yesterday 22:57
*I haven't read all the posts so sorry if I'm repeating what has already been said.
Can't they go on to Google maps and then look on their time lines. Go to the date of the alleged offense and look at the route and day. It will give you times of when and where they were driving, assuming location is switched on

They were both in the vehicle so this wouldn't help
Ahh sorry my mistake. Sorry

There is a process whereby they will input one nominated name ie Fred. The NIP then goes out to Fred. If Fred decides it wasn’t him driving he can nominate George. The police cannot input two possible drivers in one transaction. Sure both can be shown as having been nominated one after the other in two different inputs but two possible drivers cannot be entered in one transaction and that is what is odd because OP’s dh and ds’s NIPS have the same date on them. Nomination 1) Fred. He receives NIP and nominates George. The NIPS would have different dates on them. @Bromptotoo that used to be my job

The first NIP has to reach the registered keeper within 14 days in this case the company. They may then sit with the NIP on the desk before nominating a week or so down the line. It’s not 14 days to a possible driver because police wouldn’t necessarily know who the driver was at that stage. The onus is on the registered keeper of a vehicle

Thank you again everyone. I’m genuinely shocked/surprised at the reactions of those to say just pick one to get the ticket .. maybe I’m naive, maybe my truth needs to be black and white 🤷🏻‍♀️

So, photo attached to show we did indeed receive 2 identical NIP’s, 1 to dh, 1 to ds. @Cattery is this grounds for not lawfully enforceable? Photo also attached of the wording .. I’m not sure I understand it 😳
We’ve also discovered the road is a 60, neither dh nor ds remember seeing traffic cones/works etc during the many times they’ve driven that road in 10 weeks. Yellow average speed check cameras were introduced in the road back in September 23 from what I’ve been able to find out, but nothing to do with works there, just to calm traffic I guess.

To reiterate, dh is ringing as soon as he is possibly able, given his work schedule and times.

It all even gets a bit more bizarre .. offence 24/4, company checked for drivers on their rota, and confirmed in the work group on 12/6! they sent over both names to police we assume at this point .. but they only have 28 days to do this so even with all maximum timelines that’s 4/6. They say they disposed of the original notice so can’t tell us the date on it. Dh is talking further to work today.

Forgot to attach photos …

And the reference numbers of the offence are exactly the same?

Exactly the same, literally the only difference between the 2 letters are the first names.

How bizarre. The registered keeper can only nominate one person. That nominated person will receive their own nip in their own name with their own option to nominate. Sounds like something has gone wrong with the admin. Yes your dh should ring them. Hopefully they’ll cancel as it’s their mistake. Let me know