NIP Speeding Lease Car & 14 Day Period
Discussion
Wife received a NIP - letter issue dated 30th October 2019, however, date of offence (40 in a 30 - speed camera) noted on the letter as 28th September 2019.
The car is leased for 24 months. As the ‘leasee’ and the the fact that there is such a gap between the offence and the date of issue, is there an opportunity to pursue / contest the offence as time barred? Or would the time be included between the police contacting the leasing company and receiving my wife’s details - which would push the dates out of the 14 day window naturally.
She has since replied to letter stating she was the driver and has received a conditional offer which she is looking to challenge.
The car is leased for 24 months. As the ‘leasee’ and the the fact that there is such a gap between the offence and the date of issue, is there an opportunity to pursue / contest the offence as time barred? Or would the time be included between the police contacting the leasing company and receiving my wife’s details - which would push the dates out of the 14 day window naturally.
She has since replied to letter stating she was the driver and has received a conditional offer which she is looking to challenge.
PD9 said:
Thanks. Looks like we’re chasing a red herring. In that case she’ll have to accept and settle the bill. She will also confirm any correspondence with the lease company to close off.
Unfortunately no speed awareness course was offered.
You should get offered that later. At the moment they just want to know who was driving. (Unless it was in Scotland). Unfortunately no speed awareness course was offered.
PD9 said:
Thanks. Looks like we’re chasing a red herring. In that case she’ll have to accept and settle the bill. She will also confirm any correspondence with the lease company to close off.
Unfortunately no speed awareness course was offered.
Why was she not offered a course? Has she done one within 3 years? In which county did the (alleged) offence occur, or was it in Scotland?Unfortunately no speed awareness course was offered.
LosingGrip said:
PD9 said:
Thanks. Looks like we’re chasing a red herring. In that case she’ll have to accept and settle the bill. She will also confirm any correspondence with the lease company to close off.
Unfortunately no speed awareness course was offered.
You should get offered that later. At the moment they just want to know who was driving. (Unless it was in Scotland). Unfortunately no speed awareness course was offered.
OP it may be worth your missus asking them why no course has been offered, should be upto 42 in 30 this can sometimes happen if indentifying the driver drags on because of mutliple s172's being issued before it gets to the right person, if that person is a bit cute and it gets to 4 or 5 months from the offence date and he or she then fails to attend the course then there is danger the offence will go beyond 6 months and time out. In your case if the offence was at the end of September, that does not seem an overly long time, it could just be an oversight so maybe worth contacting them. Don't ask, don't get.
At what point is it unreasonable to be expected to remember who was driving when it was so long ago? More than 2 weeks? More than 2 months? More than 2 years? We have three cars, I drive all of them and so does my wife. Often along the same route. It often simply depends on who leaves the house first and how the cars are parked (i.e. who came home last the day before).
syl said:
At what point is it reasonable to say that you just can't remember who was driving when it was so long ago. More than 2 weeks? More than 2 months? More than 2 years? We have three cars, I drive all of them and so does my wife. Often along the same route. It often simply depends on who leaves the house first and how the cars are parked (i.e. who came home last the day before).
...and if the car is leased, with the lease company as the RK, and a husband and wife keep naming each other, who do the authorities take action against for failing to identify the driver?The_Nugget said:
Sheepshanks said:
...and if the car is leased, with the lease company as the RK, and a husband and wife keep naming each other, who do the authorities take action against for failing to identify the driver?
https://en.wikipedia.org/wiki/Fiona_Onasanyamartinbiz said:
The OP says she has already confirmed that she is the driver and has been offered a FP but no SAC
OP it may be worth your missus asking them why no course has been offered, should be upto 42 in 30 this can sometimes happen if indentifying the driver drags on because of mutliple s172's being issued before it gets to the right person, if that person is a bit cute and it gets to 4 or 5 months from the offence date and he or she then fails to attend the course then there is danger the offence will go beyond 6 months and time out. In your case if the offence was at the end of September, that does not seem an overly long time, it could just be an oversight so maybe worth contacting them. Don't ask, don't get.
That is a really good point, no she has never had any points or any dealings with the police before. Who would you advise to contact? The issuing authority? Hopefully they could show some leniency given the situation i.e first traffic offence. Being in Scotland is the SAC an option in this scenario? OP it may be worth your missus asking them why no course has been offered, should be upto 42 in 30 this can sometimes happen if indentifying the driver drags on because of mutliple s172's being issued before it gets to the right person, if that person is a bit cute and it gets to 4 or 5 months from the offence date and he or she then fails to attend the course then there is danger the offence will go beyond 6 months and time out. In your case if the offence was at the end of September, that does not seem an overly long time, it could just be an oversight so maybe worth contacting them. Don't ask, don't get.
PD9 said:
That is a really good point, no she has never had any points or any dealings with the police before. Who would you advise to contact? The issuing authority? Hopefully they could show some leniency given the situation i.e first traffic offence. Being in Scotland is the SAC an option in this scenario?
If the offence took place in Scotland, there is no SAC option. In Scotland, it's the same as it was in England before SAC became an option.PD9 said:
That is a really good point, no she has never had any points or any dealings with the police before. Who would you advise to contact? The issuing authority? Hopefully they could show some leniency given the situation i.e first traffic offence. Being in Scotland is the SAC an option in this scenario?
Unfortunately, SACs are not available north of the border.
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