Nip for speed camera 38 in 30 - issue date over a month after the offence took place.

[Bentles]

Date of NIP 17-01-2020
Alleged offence date 08-12-2019

pretty sure I was driving but not sure. Company car so my partner is also insured. . What do I do next?*

[R0b]

Hi,

I believe that if the NIP was sent after 14 days then I believe you can deny the charge based on the NIP being time-barred.

Tagging des8*as he probably knows more on this.

[des8]

The NIP sent through the post*must be received within 14 days of the offence or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. Postal delays do not necessarily invalidate service.


If the NIP has been served properly you need to make diligent efforts to identify the driver.
Start by asking for photographic evidence as it might just show enough detail to identify the driver.

*If you have made such efforts but still cannot recall* who was driving the vehicle,you have a decision to make.
Technically*you should say so rather than make a false declaration. Although you could then be prosecuted for failing to identify,* the Court* might accept your assurance of making reasonable efforts to identify the driver,and it might amount to a satisfactory defence.
However some would advise that pragmatically it is better to nominate one of you to take the rap even if you cannot identify the driver* (but that is also an offence!)

[Fiocena]

This happened to me....didn't know....went to court....judge gave me 3 points on an ms90....not good, an ms90 basically means that you don't disclose information so insurance company's think you are a liar.....ask for photo and work out who it was....speeding points are much easier than having that on your license for 5 years....trust me lol.

[Manxman]

Date of NIP 17-01-2020
Alleged offence date 08-12-2019

pretty sure I was driving but not sure. Company car so my partner is also insured. . What do I do next?

I think the other replies have missed the fact that your car is a company one. This almost certainly means that you are not the Registered Keeper with the DVLA. Do you have the current V5C for the vehicle identifying the RK?

You are probably at the end of a chain starting with a finance company as the Registered Keeper, and then perhaps a fleet hire company, and then your company and then you.

Only the very first NIP (ie the one sent to the Registered Keeper) has to be served on them within 14 days. They then name the next person in the chain and so on until you get a NIP. There is NO time limit* on subsequent NIPs after the one to the RK.

You must comply with the timescales on your NIP and reply naming the river. If you don't you commit a more serious "failure to identify" offence carrying six points, a large fine and greatly increased insurance premiums. (Insurance companies really don't like failure to identify offences.)

You can ask for photos for the purpose of assisting to identify the driver. They may provide them but are probably of the back of the car. Do not mention the word "evidence" or you won't get any photos. You aren't entitled to evidence until you are charged with an offence. (You are just being asked who the driver was at this stage).

Regardless of all that, you must reply unambiguously naming the driver within the timescale, or you'll have bigger problems than a speeding offence. (Don't say "well it could have been me or it could have been my wife etc..." you must name one individual. Also, If you name someone who you know couldn't have been driving, you could get into serious trouble).

* The only limit on subsequent NIPs is that they can't start proceedings for the speeding offence more than six months after the offence. (But this is not a good reason to delay naming the driver because you've received a NIP only six weeks or so after the offence.)

Edit: Fiocena explains why insurance companies don't like a failing to identify conviction (MS90).* They think you are a liar and wonder what on earth offence you committed to prefer not to name the driver.* You will no longer be trusted by insurance companies.