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Not me (honestly) but one of the cars belonging to my business. It is a lease car and the letter does not state whether or not they have already contacted the leasing firm but it does say 'you are recorded as the Owner/Keeper/Hirer of this vehicle'.
The letter is dated 11/09/2015 and the offence was on 20/08/2015 so it is outside of the 14 window the law indicates they have to send out the NOIP.
So - do you think the driver should contest as there is no indication that the police force have sent any earlier letter out.
Also, the letter is addressed to [company name], not a named individual too – so surely they could only have a claim against the business (of which I am one of two partners), not a named individual...
Who is the keeper on the V5? I assume the lease company, and that they have returned their NIP naming your company. The 14 days only applies to the first NIP, and looking at the dates you give I'd bet my house they sent that in time. Name the driver, send it back, and save yourself a load of grief.
If it wasn't you driving and you know who it was, put their name down and send it off.
If it was you driving, put your name down.
They'll then send a new letter to the 'named' driver asking them to fill in [b]their[/b] details.
If it's you, you can now argue the 'toss' - and if it's someone else, then that's their business; but you are out of [b]risk[/b].
Did they do it? Why try and protect them?
The company will be required to identify the individual who was driving as clearly it's impossible to tell from a Reg (same as NIP is sent to registered keeper if it's a person even if they were not the driver).
Thegreatape - I know the law and that is why I am asking - I think I made it clear in the OP.
BR - I will leave that up to my business partner (the owner of the vehicle) and he can do it (he's on holiday at the moment though) but curiosity had me ask on here.
wwaswas - why not? If the plod haven't done what they should do in time as per the law (and they should know the law better than anyone) then why should they have to pay up and get points on their licence?
but it's not for you to fight this 'other persons' corner?
The owner/keeper/whatever have to, by law, identify the driver. If the driver chooses to take the police to task over their handling of the case it's their business.
Refusing to identify the driver 'cos you think the police's case 'looks a bit ropey' isn't really an option for you?
wwas
curiosity had me ask on here.
No-one is refusing to do anything, please read what I have said!
What makes you think they haven't done what they should have? Just that they haven't specifically advised you that they sent an NIP to the lease company before sending one to you? The NIP has gone from them, to the registered keeper, back to them, and the second NIP come to you, all in 22 days.
in your OP you seemed to be saying that the police had a dodgy case and that was a reason not to identify the driver, regardless of wrongdoing.
If they were speeding why would you try and protect them is really my question?
The NIP has gone from them, to the registered keeper, back to them, and the second NIP come to you, all in 22 days.
But the letter does not state that they have done that, just that [business name] is the owner (which it isn't)...
If they were speeding why would you try and protect them is really my question?
As previously said....
why not? If the plod haven't done what they should do in time as per the law (and they should know the law better than anyone) then why should they have to pay up and get points on their licence?
Why on earthy try to protect some one who has broken the law? If the police made a procedural cock up (which we don't know) the law has still been broken. Baffles me that anyone would shield a criminal. 🙄
Fairly sure that with a leased car there are standard exceptions to the 14 days given the time it can take for the lease company to do the admin, etc. As such, you can have delays of well over the 14 days.
Besides, he did the speeding. Tell him to take it like a man.
johndoh, I'm baffled too.
It was assault or something and they had video of this car leaving the scene would you refuse to disclose the driver?
Again, if this person was speeding why would you
a) try and stop the police prosecuting because you thought they'd made a procedural slip up
and
b) think it somehow made the speeding ok because the police hadn't sent a letter in some arbitrary time period
?
They don't really have to give you a run down of everything they've done prior to contacting you. In your OP you said owner/keeper, and your company is the keeper.
Besides, he did the speeding. Tell him to take it like a man.
Judging by the time and date, I think was his wife...
[i]why should they have to pay up and get points on their licence? [/i]
Because they broke the law.
You're probably better off checking on LegalBeagles or something, rather than here. I think the days of funny little loopholes you can use to avoid fines / points are over - these days far better to take your medicine and hope for a Speed Awareness Course or something.
Tell her to take it like a man 😉
cos speeding is not a crime, plod should be out there catching [b]proper crims*[/b] instead of bothering us legit driversBaffles me that anyone would shield a criminal.
#waronthemotorist innit?
*like those cyclists, bloody deviants, no road tax, no insurance, always RLJing etc etc
Judging by the time and date, I think was his wife...
Does the insurance cover her?
The 14 days bit does indeed relate to when the notice was issued in relation to the date of the offence.
When the offender actually receives it is not important
HTH
When the offender actually receives it is not important
I know this, but as my OP states, the date of offence and the date on the letter are more than 14 days.
My original question was because of the complication of it being a lease car as there is no indication they have contacted the lease company before sending us the letter and I was curious.
Does the insurance cover her?
No we didn't bother insuring for additional drivers, it didn't seem to be worth the money.
Surely they'd have had to contact the lease company to get your details since the lease company will be whose name is on the documents.
The NIP will have the date of issue and date of offence on itthe date of offence and the date on the letter are more than 14 days
The NIP will have the date of issue and date of offence on it
[b]DON'T PEOPLE READ BLOODY POSTS???????????[/b]
The letter is dated 11/09/2015 and the offence was on 20/08/2015 so it is outside of the 14 window the law indicates they have to send out the NOIP.
Easy tiger 🙂
So have you got a letter or an NIP?
I got caught speeding using a hire car, from the date I was flashed by the camera to the date I received the letter was close to 2 months
Letter to Hire Company (registered owner), back to Police
Letter to Company, back to Police identifying me as the driver
Letter to me
To be honest, stop being difficult and just fill the form in and let them take the points, assuming it was just over then it's either going to be a Speed awareness course or points and a FPN, if they can't afford that then they shouldn't have been speeding.
If his wife wasn't insured to drive the vehicle then why was she? so the bloke either accepts the points for his wife to prevent further issues or she has to accept prosecution for driving without insurance
So have you got a letter or an NIP?
A NOIP
If his wife wasn't insured to drive the vehicle then why was she?
Of course she is insured (as a named driver).
^^^ And I thought the plot was about to thicken!! (puts back biscuits)
DONT YOU BLOODY READ POSTS
They will have contacted the lease company first. That's how they have your details. YOUR letter was more than 14 days after the offence, but as someone else said I'd bet my house the lease company knew within 14 days.
Like wwaswas I'm confused by what you're asking/seeking to achieve, and ironically, you don't seem to be reading anything anyone is saying.
Edit: too slow - imagine this immediately followed the OP's shouty post.
.
Does the insurance cover her?No we didn't bother insuring for additional drivers, it didn't seem to be worth the money.
is confusedIf his wife wasn't insured to drive the vehicle then why was she?Of course she is insured (as a named driver).
I'm also confused, but I'm not angry like the OP 🙂
I suspect what he means is that whilst the policy held on the leased car doesn't have provision for additional drivers, his wife can drive it using her own policy which often (but not always) allows you to drive other vehicles on a 3rd party basis as long as the vehicle is insured for someone else.
However, it's almost certain is will be in breach of their lease agreement with the finance company who 99% of the time will insist their vehicle is always comprehensively insured.
johndoh - MemberDoes the insurance cover her?
No we didn't bother insuring for additional drivers, it didn't seem to be worth the money.
Oh yeah, cos we're the idiots 🙄
you said this earlier
But the letter does not state that they have done that, just that [business name] is the owner (which it isn't)...
you are recorded as the Owner/Keeper/[b]Hirer[/b] of this vehicleBut in your OP you said
Which you are!
No idea why the quotes have gone wrong!!
johndoh - MemberDoes the insurance cover her?
No we didn't bother insuring for additional drivers, it didn't seem to be worth the money.
lol @ the sarcasm marinade dripping off that reply!
you are recorded as the Owner/Keeper/Hirer of this vehicle
Yes, but the notice came after 14 days. The line about being recorded is the catch-all term isn't it...
I'm also confused, but I'm not angry like the OP
+1 🙂
To be honest, the OP should probably be issued a NOIP for being a TUFW
lol @ the sarcasm marinade dripping off that reply!
At least someone noticed 🙂
Yes she is named as an additional driver on the primary policy for the vehicle covering her fully comprehensively.
Yes, but the notice came after 14 days. The line about being recorded is the catch-all term isn't it...
Yes but they either got your details from the lease company, which means they would have sent the initial letter out within the correct time, or they have got your details from a data base, which means you may have a point about timings.