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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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I am an HGV driver who works through an agency, and I drive

Resolved Question:

I am an HGV driver who works through an agency, and I drive various vehicles for a number of different companies. I have recieved a NIP for a speed camera offence today, the letter was dated 3/December, the offence was on 7 November. I am not the registered keeper of the vehicle and I do not have records to show if I was driving at that time, it is probably on the digital Tachometer. Do I have a defence as it was more than 14 days ago?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you know that it didn't go to the registered keeper within 14 days?
Customer: replied 2 years ago.
I have no idea, I am not the registered keeper, but the alleged driver
Expert:  Jo C. replied 2 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.
I am sorry but its bad news.
Unfortunately the rules are that they must send out a NIP on a date that would by ordinary post reach the registered keeper within fourteen days. When it reaches the actual driver is a non issue.
Since you are not the registered keeper you do not have that protection. The police will have sent the
original NIP to the keeper probably within fourteen days and they replied naming you as the driver. Sadly they are still in time.
Obviously you could wait to see if they remember to summons you. They do quite often forget and if
they do you will walk away within nothing.
Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.
Hope this helps. Please let me know if you need more information
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