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Hoping for some advice on this, and tagging HandyAndy and islandgirl for their expertise
I need some advice on responding to a s172 Notice of Intended Prosecution where the driver could have been either me or my husband but we genuinely don’t remember which of us was driving. I know that failure to respond to a NIP is a serious offence in itself and I will ensure I reply in good time.
We have just returned from a touring holiday in our car, driving some 900 miles in north Wales, Lancashire, Lake District and Yorkshire Dales. We left home on September 19th, returned September 30th.
Waiting for us in the post was a NIP from North Wales police addressed to me as Registered Keeper issued on September 27th for the alleged offence of “Exceeding the Speed Limit” at 26 mph in the early afternoon of September 23rd at A548 Greenfield, Flintshire [the north Wales coast road]. Speed limit not stated but presumably 20mph.
Although neither of us can recollect where the offence took place we were on that road at that date and time and I can’t imagine we have any defence against the allegation that our car exceeded the speed limit. I expect we missed the sign dropping the limit from 30 mph to 20 mph. Either I or my husband was driving, we were both in the car, but despite racking our brains we cannot remember which of us was driving.
We share the driving when we are on a touring holiday, often swapping driver each time we stop for a break. One drives, the other map reads. Both being pensioners we avoid either of us driving for lengthy periods of time.
All our driving in north Wales was on roads we had never been on before, routes that were new to us, so both of us would have been concentrating hard on making sure we in the correct lane etc for upcoming junctions. We did so much mileage on new roads in that 10 day period that one bit blurs into another. There was nothing memorable about the A548 at Greenfield that triggers any recollection of who was driving, no speed camera light flashed.
I would be able to include with my NIP response copies of accommodation bookings and petrol receipts to evidence that we were holidaying.
We both have clean licences, no points/endorsements. Neither of us have ever attended a speed awareness course. At least 20 years since either of us had a driving conviction. As we have both retired a speeding conviction would have no employment implications for us. So no ulterior motive in one of us trying to avoid serious consequences.
So how best to respond to the NIP?
I’ve read advice here that it is hard to convince the police that you genuinely don’t know who was driving. And if they then prosecute for failure to provide driver’s name even harder to convince magistrates. Is a response based on the above likely to be sufficient?
Alternatively, if I simply name myself as driver and then later plead guilty what is the likely outcome?
All thoughts appreciated.
I need some advice on responding to a s172 Notice of Intended Prosecution where the driver could have been either me or my husband but we genuinely don’t remember which of us was driving. I know that failure to respond to a NIP is a serious offence in itself and I will ensure I reply in good time.
We have just returned from a touring holiday in our car, driving some 900 miles in north Wales, Lancashire, Lake District and Yorkshire Dales. We left home on September 19th, returned September 30th.
Waiting for us in the post was a NIP from North Wales police addressed to me as Registered Keeper issued on September 27th for the alleged offence of “Exceeding the Speed Limit” at 26 mph in the early afternoon of September 23rd at A548 Greenfield, Flintshire [the north Wales coast road]. Speed limit not stated but presumably 20mph.
Although neither of us can recollect where the offence took place we were on that road at that date and time and I can’t imagine we have any defence against the allegation that our car exceeded the speed limit. I expect we missed the sign dropping the limit from 30 mph to 20 mph. Either I or my husband was driving, we were both in the car, but despite racking our brains we cannot remember which of us was driving.
We share the driving when we are on a touring holiday, often swapping driver each time we stop for a break. One drives, the other map reads. Both being pensioners we avoid either of us driving for lengthy periods of time.
All our driving in north Wales was on roads we had never been on before, routes that were new to us, so both of us would have been concentrating hard on making sure we in the correct lane etc for upcoming junctions. We did so much mileage on new roads in that 10 day period that one bit blurs into another. There was nothing memorable about the A548 at Greenfield that triggers any recollection of who was driving, no speed camera light flashed.
I would be able to include with my NIP response copies of accommodation bookings and petrol receipts to evidence that we were holidaying.
We both have clean licences, no points/endorsements. Neither of us have ever attended a speed awareness course. At least 20 years since either of us had a driving conviction. As we have both retired a speeding conviction would have no employment implications for us. So no ulterior motive in one of us trying to avoid serious consequences.
So how best to respond to the NIP?
I’ve read advice here that it is hard to convince the police that you genuinely don’t know who was driving. And if they then prosecute for failure to provide driver’s name even harder to convince magistrates. Is a response based on the above likely to be sufficient?
Alternatively, if I simply name myself as driver and then later plead guilty what is the likely outcome?
All thoughts appreciated.
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