NIP 2 months late, what do I do?

[bryan35]

Actually what does my work colleague do.
NIP sent to the old address, finally got the NIP through. She thinks that she was at work though not sure and her housemate (who also drives the car) might have been driving it. She can't remember due to it being 2 months ago. Rang the Scamera partnership. Woman says that she;s not allowed to see the photo and that the photograph was taken from behind anyway so you can't make out the driver.
Neither of them can remember who was driving, and now the scameraship are wanting to take her to court over it. Any ideas chaps?

[ftasb]

No doubt someone more knowledgable will inform you exactly, but from what I have read on similair threads you are allowed to see the photographs, they must serve the NIP within 14 days. Sounds like yet another very flimsy prosecution in an attempt to reach their targets. Strong evidence then??

[BliarOut]

I am sure someone will be along in a bit, but you could do worse than pop over to www.pepipoo.com Very helpful bunch indeed.

[BigBazza]

I wouldn;t be too sure...if it was sent to her old address, had she informed DVLA of the move? If not then Scameraship can argue that its her fault NIP wasn't received on time. They should deffo produce the photos though!

[bryan35]

I think that the main thing is that she really cannot remember who was driving the car, as it's 2 months ago.
Double guilty perhaps? ie, both put their hands up to it?

[Dwight VanDriver]

B.35.

If the the NOIP was sent within 14 days to the address on file at DVLA of the Reg Keeper then service has been complied with irrespective of the fact that RC has moved address, has not notified change (offence in itself) resulting in NOIP being received out of time.

Under Section 172 RTA 88 asking to name driver, then not to do so is also an offence but a person will not be guilty of this if he can show that he did not know and could not with reasonable dilligence have ascertained who the driver of the vehicle was.

You can write back to this effect. Bearing in mind that this has been abused to the n'th degree then they may not believe and instead issue summons for failing to name. It will then be for your friend to convince the Bench. The offence also carries 3 penalty points.

DVD

[streaky]

I suggest that, if your friend can prove they were not driving at the time, they write (in a letter, it is not required that the response to be on the form provided) stating something along the lines of: "I am unable to determine who was the driver on the day and at the time given, but I am alibied. Another person is insured to drive the vehicle with the registration number you have provided, but [assuming this to be true - S] they have informed me that they were not driving either at that time on that day. Given this, it would therefore be improper for me to name them as the driver. I believe that I have diligently discharged my responsibilities to the court and respectfully suggest the possibility that the photograph you have is of a vehicle with a 'cloned' numberplate."

Then await their response.

Streaky
IANAL