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

[PHlL]

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.

[PHlL]

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.

[PHlL]

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.

[PHlL]

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.

[PHlL]

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....

In all honesty, I'd imagine they won't want to waste the time as have already got the money as work automatically pay for any parking fines/speeding tickets etc. and to this date, I've never heard of an employee being re-charged for that cost.

As I said, the only thin I'm worried about is the court think I'm trying to get out the ticket by naming a foreign driver.

[PHlL]

Starfighter said:

How do they pay fine money? The NIP is a request to identify the driver only (s.172).

I could be wrong on that then. It's never happened before to me so can only guy word of mouth.

Roo said:

PHlL said:

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.

Are you able to do that as you're not the policyholder, your employer is.

Yes, as the policy is on order of the policyholder. They then set our internal rules allowing anyone to drive it.

[PHlL]

FurtiveFreddy said:

And how does the fuel receipt prove you were in Inverness? (just asking the same question a Court would).

The fuel receipt itself wouldn't, however, I would hope the garage has a recording technology which would have my face heaven forbid I am not believed and need to prove my whereabouts.

In reference to if she had permission, whilst I left the car with my brother, I have on the past let told my family any of them, partners, kids etc. can drive it so insurance would not be a problem.

I have filled it back and set it back today, within 2 days of receiving it myself so that it doesn't look like I'm doing anything wrong. I filled in her name with a French address. I put in the post a copy of her driving license she kindly emailed over to me so hopefully they can see it all looks legit.

I'll let everyone know what comes of it.