Bugger - got a NIP

[Marcos Maniac]

Oh what a joy opening the post this morning - a lovely NIP from Sussex Police

Company motor flashed on the seafront

Trouble is I'm not sure who was driving can narrow it down to 2 possibles - My business partner or ME!

No point in requesting the photo - rear window is blacked out



If we are not positive who was driving and can't argue it out amongst ourselves what should we do???????????????


Its all 'gone's' fault so I'm off to launch a verbal tirade at him

[edc]

Even if the rear window wasn't blacked out you've got good eye if you can identify a head behind a head restraint

[Marcos Maniac]

edc said:

Even if the rear window wasn't blacked out you've got good eye if you can identify a head behind a head restraint

could quite easily tell difference between us - I'm a foot taller

[volvod5_dude]

Just write a letter explaining that you can't remember who was driving at the time. Don't send the NIP back yet. They might just think it's too much bother to follow up.

[jeffreyarcher]

Marcos Maniac. Why did you get a NIP. Presumably the company named you? If so, why did they name you over the other guy?
Or, do you mean that you are dealing with it on behalf of the company and you personally have not got one yet?

[Marcos Maniac]

jeffreyarcher said:

Or, do you mean that you are dealing with it on behalf of the company and you personally have not got one yet?

Its a company motor - I own the company.

We keep driver records for all the other vehicles but not for this one as the staff never get to use it and it is used as a general runabout by myself and my business partner and occassionally my G/F.

[TonyOut]

Have a look on Pepipoo... The thread on Mahindra may be useful for you.

[nighthawk]

Marcos Maniac said:

and occassionally my G/F.

problem solved, G/F gets the ticket.......

[jeffreyarcher]

Marcos Maniac said:

Its a company motor - I own the company. We keep driver records for all the other vehicles but not for this one as the staff never get to use it and it is used as a general runabout by myself and my business partner and occassionally my G/F.

It all depends what you want to do. Naming someone who may not be the driver can be risky. There was a case a couple of months back where someone who appeared to have done that got three months in the pokey (Hampshire IIRC).
As to running 'reasonable diligence' (sub-section (4)), the position with respect to companies is more onerous than with individuals. If you have not kept records, not only do you have to be able to show 'reasonable diligence', but that the failure to keep records was itself reasonable.
Perhaps best just to get the company to take the S172 (failure to supply) hit. No points for a company [*], although the fine is likely to be higher; ~£500.
[*] They can come after directors where there is 'connivance', however that is very unusual and your case appears just to be a straight 'I dunno'.

If you go down that road, it's probably a good idea to write back, on the company's behalf, saying that you do not know who was driving; however it was either yourself or your business partner, and give details of both. It sometimes works with individuals; whether it would cut any ice with a company, I don't know. But it can't do any harm. They may NIP you both (unusual), but then Mohindra v DPP comes in. If the named party denies being the 'keeper' (not the RK), it is for the prosecution to prove that he is, or that he 'had it in his power to give' the information. If the prosecution can't prove that he is the keeper (which obviously they can't), there is no requirement to show reasonable diligence.

>> Edited by jeffreyarcher on Sunday 9th May 19:28