NIP - Not driving. What do I put on the form

NIP - Not driving. What do I put on the form

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Discussion

PHlL

Original Poster:

1,538 posts

139 months

Tuesday 28th April 2015
quotequote all
Chaps, can anyone shed on light on what I have to do for this.

My employers have received a NIP for the car I drive. They've in turn told the court I am the "driver of the vehicle" so I've had it come through saying I was the driver of the vehicle.

I've spoken to HR in relation to this and they weren't too helpful, but whilst I am the day to day driver of the car, the actual offence in question (speeding on the M20 - mobile camera) I was not driving. I was actually up in Scotland on my motorbike and left my car with my brother. It was actually his fiance who was driving the vehicle which she has confirmed seeing the van. However, she is French and still uses her French address for everything.

The form asks for the county and postcode of the person driving. What do I put, my brothers name as I left the car with him for him to in turn identify the driver, or put my soon to be sister-in-laws French address and just write a note saying she is not a UK resident so cannot provide all the details they are requesting.

I imagine the court will call BS, however, I have a fuel receipt from Inverness within an hour of the offence so hopefully can prove it was not me driving as a precaution.

Shaw Tarse

31,543 posts

203 months

Tuesday 28th April 2015
quotequote all
Slightly off topic, should she be driving the car?

Durzel

12,262 posts

168 months

Tuesday 28th April 2015
quotequote all
Bear in mind that if you name a foreign individual the likelihood is that it'll immediately attract someone's personal attention, regardless of the honesty of your account, because believe it or not people name foreign individuals to try and avoid points all the time.

If you are asked to provide proof that they were insured, can you? I would presume it to be rather extraordinary that a company vehicle covers any not explicitly named family member, let alone their fiance.

PHlL

Original Poster:

1,538 posts

139 months

Tuesday 28th April 2015
quotequote all
Shaw Tarse said:
Slightly off topic, should she be driving the car?
Yeah, insurance covers any driver provided someone from the company (I can do that) has authorised it and they hold a valid EU license who is not disqualified provided they are not driving under the influence of drugs.

DaveH23

3,235 posts

170 months

Tuesday 28th April 2015
quotequote all
They have asked for who was driving and you can provide the information they require.

Granted the form asks for a UK address but return it with a covering letter explaining she was the driver and give them as much information as possible.

TooMany2cvs

29,008 posts

126 months

Tuesday 28th April 2015
quotequote all
PHlL said:
I was not driving. I was actually up in Scotland on my motorbike and left my car with my brother. It was actually his fiance who was driving the vehicle which she has confirmed seeing the van.
So that's easy. She was driving, so you put her down.

PHlL said:
However, she is French and still uses her French address for everything.
But does she actually live in France or in the UK? She clearly has a UK address she can be reached at. I'd start with that one, and let her do any dissembling required about where she really lives.

stuart313

740 posts

113 months

Tuesday 28th April 2015
quotequote all
If you left the car with your brother I would put that down on the form, if he lent it to the frenchie then he can tell them that. You only have someone elses word that she was driving, its called hearsay. Dont forget to leave it to near the end of the 28 days each time as well, with any luck it will time out.

carreauchompeur

17,846 posts

204 months

Tuesday 28th April 2015
quotequote all
Assuming this is totally the truth. Nominate her as driver with a UK correspondence address.

Be very, very careful if this is not the complete truth!

PHlL

Original Poster:

1,538 posts

139 months

Tuesday 28th April 2015
quotequote all
carreauchompeur said:
Assuming this is totally the truth. Nominate her as driver with a UK correspondence address.

Be very, very careful if this is not the complete truth!
No it genuinely is the truth. There is an option for a 4 hour telling off which I'd do if it is was me driving. Wouldn't dare do something which is more criminal like preventing the course of justice.

PHlL said:
However, she is French and still uses her French address for everything.
But does she actually live in France or in the UK? She clearly has a UK address she can be reached at. I'd start with that one, and let her do any dissembling required about where she really lives.
That would be my brothers address, however they do live half in France, half in the UK. I'm just conscious putting it down to the UK address as there is no record of her there.

supermono

7,368 posts

248 months

Tuesday 28th April 2015
quotequote all
Agreed name your brother and he can give the wheel another turn. Make the scum work for their stinking money. It's only a scam they're running so do everything legally in your power to gum up the process including posting on the last day possible (recorded so they can't lie about it being late)

Good luck! It'll be lovely if it times out.

Magic919

14,126 posts

201 months

Tuesday 28th April 2015
quotequote all
Can't see how it will 'time out'.

oldcynic

2,166 posts

161 months

Tuesday 28th April 2015
quotequote all
Why waste everyone's time naming your brother.

Your company took the default option of naming you. You know the real answer so name the driver and state the address where she can currently be reached. She can take it from there.

Far Cough

2,223 posts

168 months

Tuesday 28th April 2015
quotequote all
Taking this on face value I would name the person driving and the address she can be reached ( in France or UK ). Then let the justice system pick the bones out it. You have stated she is insured. Has permission to drive the van/car and has an address. If that happens to be in France well so what. Its Europe these days dont you know and if the authorities cant think that big..... that`s not your problem.

stuart313

740 posts

113 months

Tuesday 28th April 2015
quotequote all
You don't name the driver you name the keeper.

TVR1

5,463 posts

225 months

Tuesday 28th April 2015
quotequote all
stuart313 said:
You don't name the driver you name the keeper.
No.
The NIP is sent to the registered keeper who then nominates who he thinks was the driver (if not him) and so on....

Roo

11,503 posts

207 months

Tuesday 28th April 2015
quotequote all
Just name her if you know it was definitely her.

Surprised at the insurance though. I used to have to get permission for my wife to drive my company cars, even then the insurance was only valid if an employee was in the car. That was motor trade though so they can be a bit funny about non-employees driving company owned cars.

Starfighter

4,926 posts

178 months

Tuesday 28th April 2015
quotequote all
Magic919 said:
Can't see how it will 'time out'.
Easy if it is a complex paper trial. The authority have 6 months to lay the case before the courts from date of the offence. The first NIP to the RK has to be served within 14 days and then each respondent has 28 days to return the paperwork naming the next in the chain.
(Lease company) - Employer - OP - Brother - Driver plus admin time could easily get to 6 months....

stuart313

740 posts

113 months

Tuesday 28th April 2015
quotequote all
Starfighter said:
Magic919 said:
Can't see how it will 'time out'.
Easy if it is a complex paper trial. The authority have 6 months to lay the case before the courts from date of the offence. The first NIP to the RK has to be served within 14 days and then each respondent has 28 days to return the paperwork naming the next in the chain.
(Lease company) - Employer - OP - Brother - Driver plus admin time could easily get to 6 months....
And another 28 days to ignore the FPN. The french woman could ignore it totally by then its too late to go after anyone else.

Roo

11,503 posts

207 months

Tuesday 28th April 2015
quotequote all
Was it the sneaky camera that sits on the bridge at the bottom of Wrotham Hill?

PHlL

Original Poster:

1,538 posts

139 months

Tuesday 28th April 2015
quotequote all
Roo said:
Just name her if you know it was definitely her.

Surprised at the insurance though. I used to have to get permission for my wife to drive my company cars, even then the insurance was only valid if an employee was in the car. That was motor trade though so they can be a bit funny about non-employees driving company owned cars.
Mine is motor trade too. The insurance certificate reads as below. Our company car policy states anyone can drive the car provided they have a valid EU license and are not disqualified or under the influence of drugs. Allianz need to approve if someone has been convicted of death by dangerous driving/drink driving; or have been banned more than twice in the last 3 years. It is down the employee who loans out his/her car to check that driver meets those criteria. No restriction on employee needing to be in the car.

God knows how much the policy costs for those sort of terms. Plus, our excess in only £50 no matter the amount of claims.