NIP arrived but wife owner of car
NIP arrived but wife owner of car
Author
Discussion

dave spart

Original Poster:

120 posts

250 months

Tuesday 17th April 2007
quotequote all
Hi all,
Well it had to happen sooner or later
On a trip to East coast
I was apparently clocked at 58 in a 50 on the A14



Pepipoo nip wizard suggests the following option

YES ; NIP arrived,
No ; I'm not the registereed keeper
NO ; its not adressed to me personally

...Do nothing???



why does it say that, and what might I do about
pictures etc

^Slider^

2,874 posts

279 months

Tuesday 17th April 2007
quotequote all
Your wife would need to return the paperwork nominating the driver of the vehicle ie you. You recieve your own NoIP and go through the motions. Either dispute you being the driver etc or take the points.

If she fails to nominate then she is liable under S172 and the penalties it carries.

dave spart

Original Poster:

120 posts

250 months

Tuesday 17th April 2007
quotequote all
Bar anything exceptional in the picture
I might dispute,
what would my toll be for this
oh and is it a Three pointer (suppose)

streaky

19,311 posts

279 months

Wednesday 18th April 2007
quotequote all
To whom was the NIP addressed? - Streaky

tigger1

8,478 posts

251 months

Wednesday 18th April 2007
quotequote all
streaky said:
To whom was the NIP addressed? - Streaky

Presumably...(I know...I know)...to the Mrs? In which case from her point of view it is entirely correct.

Even if the car is registered to the Mrs, and the letter came to him...I think the fact that it's the OPs surname on it, and a car he drives, would make it "close enough" for prosecution, IMHO.

streaky

19,311 posts

279 months

Wednesday 18th April 2007
quotequote all
streaky said:
To whom was the NIP addressed? - Streaky
Note to self: write out ten times: "I didn't read the OP sufficiently carefully or I would not have asked such an inane question."

I didn't read the OP sufficiently carefully or I would not have asked such an inane question.
I didn't read the OP sufficiently carefully or I would not have asked such an inane question.
I didn't read the OP sufficiently carefully or I would not have asked such an inane question.
I didn't read the OP sufficiently carefully or I would not have asked such an inane question.
I didn't read the OP sufficiently carefully or I would not have asked such an inane question.
I didn't read the OP sufficiently carefully or I would not have asked such an inane question.
I didn't read the OP sufficiently carefully or I would not have asked such an inane question.
I didn't read the OP sufficiently carefully or I would not have asked such an inane question.
I didn't read the OP sufficiently carefully or I would not have asked such an inane question.
I didn't read the OP sufficiently carefully or I would not have asked such an inane question.

Duh! I blame a night without sleep.

Streaky

dave spart

Original Poster:

120 posts

250 months

Wednesday 18th April 2007
quotequote all
Your right of course,

its adressed to my Wife.

where I was driving, I know that day.

I was wondering what if anything might minimize the damage with really.

58 in a 50 I never heard the RA go off,
although I don't use the golf ball, as its reportedly not much use.

I'm thinking a Van hidden somewhere, that I failed to notice,

as a fixed type I would have been alerted to by the RA device hopefully.

Certain I'm outside the training option (8MPH over)

Dont imagine theres a great deal can be argued sadly
unless you can think of a way out.


DS

JMGS4

8,932 posts

300 months

Wednesday 18th April 2007
quotequote all
dave spart said:
its adressed to my Wife.


So can your wife be forced to incriminate you? I doubt it!!! Cannot quote the exact law but married peeps cannot be asked to incriminate their partners IIRR!!!

WildCat

8,369 posts

273 months

Wednesday 18th April 2007
quotequote all
dave spart said:
Your right of course,

its adressed to my Wife.

where I was driving, I know that day.

I was wondering what if anything might minimize the damage with really.

58 in a 50 I never heard the RA go off,
although I don't use the golf ball, as its reportedly not much use.


Probably a van und if you read the RA manual.. depend at distance und whereabouts they aimed this device at car too rolleyes Und in anycase.. not a lot you can do if it did register as it already told them the speed of this car rolleyes



dave spart said:

I'm thinking a Van hidden somewhere, that I failed to notice,

as a fixed type I would have been alerted to by the RA device hopefully.


Very likely. Steviebabes used to say if he could see you.. then folks could see his van. He got a bit cross when someone sent photo showing it hidden behind some bushes rolleyes


dave spart said:

Certain I'm outside the training option (8MPH over)

Dont imagine theres a great deal can be argued sadly
unless you can think of a way out.


DS



Probably not. A14 does in my experience at least have repeater lolly signs. But if {und only if) this was tempo road works in an NSL bit.. might be worth checking location was within the tempo und not in the NSL section as they have been known to try that one on.. Manchester und M4 Wales are the high tabloid ones which come to mind

But ist up to you if you wish to contest or argue the toss in the courts.

MilnerR

8,273 posts

288 months

Wednesday 18th April 2007
quotequote all
JMGS4 said:
dave spart said:
its adressed to my Wife.


So can your wife be forced to incriminate you? I doubt it!!! Cannot quote the exact law but married peeps cannot be asked to incriminate their partners IIRR!!!


S172 is a wonderful bit of legislation that allows the authorities to completely bypass your right not to incriminate youself or your spouse. The registered keeper as an obligation to know who is driving the car(s) they are responsible for. Failure to do that results in death by lethal injection, or a fine and points, I can't remember which....

Bing o

15,184 posts

249 months

Wednesday 18th April 2007
quotequote all
If it's addressed to your wife, she must complete it, naming you as driver, if you are both sure.

Or you may want to write back by recorded delivery saying that you aren't sure who was driving, and that you would like to see the photograph to help identify the driver.

Depending on the outcome of that, you can either get her to fill in and return the NIP naming you as the driver, or if there is still uncertainty, you could look at phone records, credit card bills etc to try and identify who was driving.

If still not sure, your wife could write back stating that despite all of the above, she is unable to name the driver but it may hjave been one of the following drivers (and name them).

Then sit back and wait 6 months for the offence to time out!! (Hopefully)

tigger1

8,478 posts

251 months

Wednesday 18th April 2007
quotequote all
Bing o said:
If it's addressed to your wife, she must complete it, naming you as driver, if you are both sure.

Or you may want to write back by recorded delivery saying that you aren't sure who was driving, and that you would like to see the photograph to help identify the driver.

Depending on the outcome of that, you can either get her to fill in and return the NIP naming you as the driver, or if there is still uncertainty, you could look at phone records, credit card bills etc to try and identify who was driving.

If still not sure, your wife could write back stating that despite all of the above, she is unable to name the driver but it may hjave been one of the following drivers (and name them).

Then sit back and wait 6 months for the offence to time out!! (Hopefully)

But if one were to go down this route one should be sure to show they've tried bloody hard to identify the driver...

Bing o

15,184 posts

249 months

Wednesday 18th April 2007
quotequote all
yes, they should - and I am not advocating lying either as PCJ is a very very serious offence...

dave spart

Original Poster:

120 posts

250 months

Wednesday 18th April 2007
quotequote all
Now the intrigue,
This car has NO
Front plate,

The nip states its number though,

We'll request a picture and see if the pictures a rear view of our Two heads shall we,

Then see it work
In action

Flat in Fifth

48,925 posts

281 months

Wednesday 18th April 2007
quotequote all
The A14 has a 50 section with Gatsos in place, maybe the odd Truvelo as well can't remember. Its a section which in part is somewhat hilly, a few bends and a few junctions with not particularly good sight lines.

Note, I'm not saying that a reduced limit enforced by cameras is the correct solution for this bit of road, but just stating things as I recall.

SplatSpeed

7,491 posts

281 months

Wednesday 18th April 2007
quotequote all
just pay the tax for being in a hurry

mcflurry

9,191 posts

283 months

Wednesday 18th April 2007
quotequote all
In the words of Gene Hunt, "you're nicked son"

lostusernamedamn

4,364 posts

236 months

Wednesday 18th April 2007
quotequote all
Can you be sure precisely when you were clocked? Surely a picture would not be asking too much, it's their accusation so surely up to them to prove / help you identify the driver.

vonhosen

40,597 posts

247 months

Wednesday 18th April 2007
quotequote all
lostusernamedamn said:
Can you be sure precisely when you were clocked? Surely a picture would not be asking too much, it's their accusation so surely up to them to prove / help you identify the driver.


Sec 172 isn't an accusation, it is seperate to the alleged offence from which it originates.
It's an obligation you are required to fulfill.

MilnerR

8,273 posts

288 months

Wednesday 18th April 2007
quotequote all
vonhosen said:

Sec 172 isn't an accusation, it is seperate to the alleged offence from which it originates.
It's an obligation you are required to fulfill.



So it's not self-incriminating then, i.e. any s172 statement couldn't be used in a court of law to support a prosecution such as speeding?