Rights after receiving a FPN
Rights after receiving a FPN
Author
Discussion

jurdy

Original Poster:

290 posts

304 months

Thursday 27th November 2003
quotequote all
My father has just received a FPN advising of potential prosecution on my behalf after I was nabbed speeding in one of his company cars (don't yet know how much I was over) and has been asked to provide details of me within 28 days. Can't remember how quick I was going but probably 35 ish in a 30?? Don't mind fessing up at the best of times but it was 8.00 o'clock on a Saturday morning with pretty much no other traffic around. As a frequent poster on Pistonheads would very much appreciate details of what I can and cannot do regarding avoidance. Don't so mind coughing up but 3 points is a pain in the @rse.

Cooperman

4,428 posts

270 months

Thursday 27th November 2003
quotequote all
Don't sign the NIP. Type in your name and address and read well the latest post on the subject from our friend jeffreyarcher. He knows what to do. Perhaps he wouldn't mind you emailing him off-forum.

jeffreyarcher

675 posts

268 months

Friday 28th November 2003
quotequote all
jurdy said:
My father has just received a FPN advising of potential prosecution on my behalf after I was nabbed speeding in one of his company cars (don't yet know how much I was over) and has been asked to provide details of me within 28 days.

The S172 requirements for corporate bodies, in showing "reasonable diligence" are more onerous than for individuals. There is not really any point in the company not naming you, unless it wants to take the S172 hit instead of you as companies do not usually get the points.
If they believe that the company are being conniving or obstructive they can come after individual directors etc., and they can get the points.
Was the first NIP in the chain, the one to the registered keeper, posted within 14 days of the offence?
Was it sent by at least 1st class post?
If not, retain the evidence, as you have a defence to a speeding charge.

jurdy

Original Poster:

290 posts

304 months

Friday 28th November 2003
quotequote all
Thanks for the advice, will advise my Father to name me as it's not really his issue. The NIP was received after 11 days by him so they seem a little keen!

Any chance of sending a nice letter offering to attend one on these speed awareness courses and pay a little more in fine? I have been driving for >15 years with no convictions/points ever so wondered whether I was just dreaming or not by offering the above?