No Signed NIP

[bumholey]

Hi all

My wife recently received a NIP for an alleged offence committed in Hampshire last month.

At the time her Clio was in with the Main Dealer and we had a loan car (a brand new Megane). At the time of the alleged offence we believe that I (and not my wife was driving). I believe that I had a legitimate 'excuse' for speeding and wrote to the Hampshire Speeding Office documenting this and providing supporting evidence (without going into details it related to the speedo calibrations being different between the Clio and the Megane and being unfamiliar with the vehicle)The accompanying letter did NOT mention my name and was written context free (ie: you could not tell if it was written by a man or woman). The signature at the bottom was just our surname, no Mr or Mrs).

They replied to say that the have reviewed the details blah blah blah and bascially bugger off. We then received a Conditional Fixed Penalty Offer.

At no point have we sent back the NIP. Can they elevate this to Fixed Penalty without having the NIP returned?

Any thoughts would be appreciated.

[onedsla]

Who was the FPN made out to?

[bumholey]

The FPN was made out to my wife, although we think it was me driving at the time. The letter that was sent to the Ticket Office did not bear either of our names.

[onedsla]

In this case I'd recommend that you phone the camera office to discuss the case. It sounds like you should ask for a new NIP to be sent which you should fill out in your name, then plead not guitly to the offense and present your case in court.

As speeding is a strict liability offense, the fact that you were going above the limit means that you can be convicted of the terrible crime... Presenting your case may lead to fewer or no points if the magistrate accepts your reasons, but you're still likely to be prosicuted.

Although I'm no lawyer so you may want to check with somebody who is!!
(but did study law at uni)
Dave