NIP - company leased car..
Discussion
Not sure why this has happened but...
Got flashed for 34mph in 30 limit in Oxford. NIP has taken over a month to get to me as for some reason they car is on record with BMW financial services - its a car on contract hire.
If I fail to say I was driving do BMW financial services take the hit for failing to notify who driver was???
Got flashed for 34mph in 30 limit in Oxford. NIP has taken over a month to get to me as for some reason they car is on record with BMW financial services - its a car on contract hire.
If I fail to say I was driving do BMW financial services take the hit for failing to notify who driver was???
The usually good thing about delayed NIPS, is that if it gets to you a month or so after the event, you usually cannot remember who was driving, and it is far easier to argue that fact if it was months ago, as opposed to 14 days ago.
Ask for photo, if its not clear, and more than one person drives the car, and they could have all been reasonably driving on that day at that time, how can you say who was driving?
Ask for photo, if its not clear, and more than one person drives the car, and they could have all been reasonably driving on that day at that time, how can you say who was driving?
P490KVP said:
If I fail to say I was driving do BMW financial services take the hit for failing to notify who driver was???
Interesting point though - who would get done if the driver couldn't be identified? I accept that the car might be owned by BMW but I'm surprised that they're the registered keepers.
You could just write back saying that as the car is leased to the company of which you are an employee, you don't believe that you were driving it at the time and have no idea who was. Ask why they have contacted you and refer them back to the Company Secretary and/or the leasing company. Remember, they have only 6 months to lay the information with the courts and if you can delay for 6 months by asking for more evidence, then it'll just 'time-out' of its own accord.
If they write back saying the company still say it was you, then write demanding the photograph as you still don't think it was you. Just keep on delaying the identification whilst seeming to be trying to be helpful. If you know the Co. Sec'y well, you could ask them to co-operate with the delay and for the company to ask for the photo. I know of one company who want their drivers to have clean licences and that's what they always do. It always goes away (so far) once the company's solicitors become involved in correspondence with the Pratnership/CPS.
34 in a 30, ffs, what's this all coming to?
If they write back saying the company still say it was you, then write demanding the photograph as you still don't think it was you. Just keep on delaying the identification whilst seeming to be trying to be helpful. If you know the Co. Sec'y well, you could ask them to co-operate with the delay and for the company to ask for the photo. I know of one company who want their drivers to have clean licences and that's what they always do. It always goes away (so far) once the company's solicitors become involved in correspondence with the Pratnership/CPS.
34 in a 30, ffs, what's this all coming to?
cooperman said:
It always goes away (so far) once the company's solicitors become involved in correspondence with the Pratnership/CPS.
Although Manchester United famously got done for this.
I do wonder (hence my earlier question) who gets dragged into court - the employees company, or, as the car seems to be registered to the leasing company, the leasing company? It surely can't be the leasing comapny - how could they possibly be expected to know who was driving?
Problem is I can't not speed - in fact if you drive like I do which is by looking out of the windscreen and concentrating on the conditions ahead it is impossible for anyone not to speed.
The thing with doing 34 in a 30 limit is that I defy anyone to detect that differential without getting obsessed with looking at the speedo.
Nevermind
'em - of course it was me and of course I could just own up and get 3 points etc ,etc but TBH I'd rather make it as hard for them as possible.
However the point of the post was I really don't understand why the original NIP went to BMW financial services and not my company that pays for the lease car - anyone know how the police decide where to send the NIP too???
The thing with doing 34 in a 30 limit is that I defy anyone to detect that differential without getting obsessed with looking at the speedo.
Nevermind
'em - of course it was me and of course I could just own up and get 3 points etc ,etc but TBH I'd rather make it as hard for them as possible. However the point of the post was I really don't understand why the original NIP went to BMW financial services and not my company that pays for the lease car - anyone know how the police decide where to send the NIP too???
p490kvp said:
Problem is I can't not speed - in fact if you drive like I do which is by looking out of the windscreen and concentrating on the conditions ahead it is impossible for anyone not to speed.
I'm not trying to be smart (I've been done twice for speeding) but it's perfectly possible to drive within any speed limit. You did it on your driving test.
p490kvp said:
The thing with doing 34 in a 30 limit is that I defy anyone to detect that differential without getting obsessed with looking at the speedo.
In all probability, your speedo would have been indicating 36/37MPH. You can tell the diference between indicated 30MPH (real 27/28) and indicated 37 (real 34MPH).
p490kvp said:
However the point of the post was I really don't understand why the original NIP went to BMW financial services and not my company that pays for the lease car - anyone know how the police decide where to send the NIP too???
It went to the lease company because they're on the V5 as the registered keeper.
Edited by deva link on Wednesday 18th October 21:11
Dude - lets be honest we did lots of things on our test that we don't use in everyday driving for no other reason than it simply isn't the best way of driving.
Re: the speedo - I'm not sure what you drive but currently I'm in a Z4 and the speedo on that car is a) tiny b) not graduated in a way that you can really see clearly units less than 10 - its kind of less than 40 and more than 30 if you see what I mean.
Besides that its late at night and honestly doing 34 was the last thing on my mind at the time - avoiding the law after downing 10 pints of strong ale was a bigger point (I am joking before you all kick off!). Seriously come on give me a break I'm not going to be lashing myself having been nicked at 34mph.
Re: the V5 registered keeper thing - if BMW financial services are the registered keeper how does that stand legally if there is a failure to identify the driver?
Re: the speedo - I'm not sure what you drive but currently I'm in a Z4 and the speedo on that car is a) tiny b) not graduated in a way that you can really see clearly units less than 10 - its kind of less than 40 and more than 30 if you see what I mean.
Besides that its late at night and honestly doing 34 was the last thing on my mind at the time - avoiding the law after downing 10 pints of strong ale was a bigger point (I am joking before you all kick off!). Seriously come on give me a break I'm not going to be lashing myself having been nicked at 34mph.
Re: the V5 registered keeper thing - if BMW financial services are the registered keeper how does that stand legally if there is a failure to identify the driver?
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