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  • speeding ticket….not the usual question!
  • mrchrispy
    Full Member

    my brother has just got a NIP in the post. no problem there, he expected and fully owns up. The trouble is he's gone traveling so he's isn't around to sign and return the form saying it was him driving.

    I've spoke to the proccessing drones and all they said was write to us and tell us where he is. He's in Singapore this weekend and then hitting thailand for a while…he expects to to be away about a year.

    how do you think it'll play out?

    montylikesbeer
    Full Member

    Get him to email a scan of his signature, copy it a few times then fill the form in as him and send it off.

    Asking the drones to do anything other than what is on screen one will end in tears or be on watchdog

    aracer
    Free Member

    Go and ask on pepipoo.com. Don't think there is any requirement for you to do anything – given there is no requirement for you to open his post. Not being around to fill the form in is a perfectly valid defence. Whatever you do, don't fill the form in as him.

    thegreatape
    Free Member

    Assuming you're referring to the Section 172 RTA requirement for the registered keeper to identify the driver at the time of the offence part of the NIP?

    If so, Section 172(7)(b) provides a defence to the offence of failing to identify the driver, stating that a person will not be guilty if it was not reasonably practicable for them to provide the information.

    Which it wouldn't be if he is now abroad. By all means write to them, but you're not obliged to. He ought to send the paperwork back when he returns, even though it'll be a year late, just to cover himself.

    Don't pretend to be him, that could end unhappily.

    mrchrispy
    Full Member

    no chance I'm going to pretend I'm him.

    I think ill write and tell em how it is…the only way they get hold of him is via a hotmail address…lol, good luck with that.

    I just don't want him to come back to a massive fine and a driving ban.

    thegreatape
    Free Member

    I just don't want him to come back to a massive fine and a driving ban.

    He won't. It's not as if he's gone traveling just to get out of a speeding ticket. (Or is it!) Whatever they do between now and his return, it can all get sorted out then with no extra punishment for going on holiday.

    I had a guy once for drink driving. He was off to Australia for a few years, leaving in six months. He just pled not guilty for six months, so he could carry on driving, then pled guilty just before he left, so served his UK ban while he was abroad.

    geetee1972
    Free Member

    I've heard of some ruses for getting out of a speeding ticket, but leaving the country for a whole year is a little extreme.

    ebygomm
    Free Member

    I had something similar

    My mum got the identify the driver type letter a few days before I went to the US for 6 months. She identified me and advised them I was out of the country and what date I would be back.

    They continued sending notice of intended prosecution letters (pay up in so many days or else type thing!) My dad kept returning them and stating that I was out of the country. He even sent a cheque for the sixty pounds, but they returned that as they wouldn't accept it without my driving licence (which was with me in the US and is required at all times whilst driving).

    Continued to get letters, the final letter arrived a week before I was home. However instead of this one saying please send your licence and pay 60 pounds this one said, please sign to say you were the driver. I did that and never heard anything again.

    aracer
    Free Member

    The other thing is that there's a 6 month limit on issuing a summons, and they can't do that until they have the form returned saying who the driver was, so he'll probably get off scot free (probably also what happened to you, ebygomm).

    Hairychested
    Free Member

    So if my brother, who's somewhere out there travelling, got a piccy when he drove my car finally gets the letter, do I just post it back to them saying please email him on whatever@his.email?

    aracer
    Free Member

    Couple of things – your car, so you have to tell them it was him, otherwise they'll do you – don't wait till he gets back to do that. A letter to him? Don't open it (or don't admit to opening it) – it will wait till he gets back. They won't be at all interested in e-mailing him, as they can't serve legal documents that way.

    mrchrispy
    Full Member

    nope – his car, it's now sat on my drive waiting to be sold.

    NIP served to him, that's why I cant sign and return the form – it has nothing to do with me. I only opened it as he told me to open his post and look out for it.

    Still waiting to get hold of the little bugger, this is going to put a little dampener on his Singapore F1 weekend. daft sod 🙂

    mastiles_fanylion
    Free Member

    In my experience, I was caught and sent a notice but I had moved house in the meantime. It wasn't until I remembered to update my records (I know I should have done it straight away and I could have been fined for it but fortunately wasn't) that I was sent the notice, I admitted the offence and paid the fine. IIRC it was about 6 months later. I had no other come-back on me – I would assume your brother's case could play out the same way.

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