Speeding fine in my company van,Please HELP.

[JON777]

Im a van driver and i was done for speeding in march 2003 and got the 3 points and £60 fine but my company has just recieved another one for my van on the 18th september 2003.We have 5 vans that we swap around a fair bit but they have proof i was driving this van in this area on the day in question.

Is there any way i can get out of at least the 3 points.

Any advice greatly recieved.

Cheers

JON.

[cortinaman]

was the nip issued within 14 days of the offence?

[JON777]

Yeah the date on the NIP is 23/9/03

[cortinaman]

the most you can do is write down your name,etc and DO NOT SIGN IT.send it to them registered delivery and keep the reciept,if they send it back saying you havnt signed it,send it back STILL UNSIGNED with a letter explaining that you have forfilled the requirements of the nip as required by section 172 (i think thats the right code but you had better check on the 'unsigned nip' thread in this section) and then see if they persue it as you might not hear anything after this as an unsigned nip is innadmissable as evidence in court and there is no legal requirement for you to sign it as it would make the nip a confession of guilt.

but as i said,check the 'unsigned nip' thread first.

good luck mate,it might be time for you to invest in a detector and jammer.

[JON777]

Cheers for that info mate,the unsigned route is the info im getting off most people and the way im going to go.

JON.

[kevinday]

I don't think not signing will help you, the company will fill in the NIP with your details as the driver, are you then going to dispute this? The cases involving non-signature seem to revolve around somebody else filling in the NIP addressed to you, and then not signing it, not an option here.

Unfortunate it may be, but I think you are stuck with it.

[MajorClanger]

Doesn't the company also have to keep a logbook to keep a record of who was driving a 'pooled' car and that they can be heavily fined if they can't produce it? So, the not signing route may not help you if they can request this log as evidence....

MC

[Richard C]

No company is obliged by law to keep a record other than a tachgraph for LGV. No matter what the partnerships would like.

[jeffreyarcher]

kevinday said:

I don't think not signing will help you, the company will fill in the NIP with your details as the driver, are you then going to dispute this?

Strewth! Keep up at the back there.
The company are not a witness to the alleged offence, they weren't there. (Assuming that an inanimate object could see anything anyway).
Furthermore, the Road Traffic Offenders Act 1988
12.—(1) Where on the summary trial in England and Wales of an information for an offence to which this subsection applies—
(a) it is proved to the satisfaction of the court, on oath or in manner prescribed by rules made under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980, that a requirement under section 172(2) of the [1988 c. 52.] Road Traffic Act 1988 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post, and
(b) a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,
the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

kevinday said:

The cases involving non-signature seem to revolve around somebody else filling in the NIP addressed to you, and then not signing it, not an option here.

Only 10 days ago in this very forum, www.pistonheads.com/gassing/topic.asp?p=1&f=10&t=60172&h=0 . Notwithstanding that case, there is nothing to prevent JON777 getting an 'agent' to fill in his form when he gets it, if he wants.