NIP Response ?

[MARTIN3030]

Neigbour was asking me to find out.

Briefly situation is this;

 

Guy is a delivery driver and was accompanied by a second driver.

Van was snapped speeding on motorway in roadworks areas doing 60 in 50 restriction.

Company responded to notice by giving name and address of one driver only to Police.

He got NIP and instead of filling it in sent a letter saying he could not state who was driving as both were driving periodic.

Police returned NIP with a letter saying he MUST complete.He has 2 days to send off.

He does not know details of other driver such as address /second name and he has since left the company.

How does he respond on the NIP ?

And should he sign it ?

[BRIGADIER2JCS]

Will the company not have the other drivers details even if he has left the company he was in the vehicle at the time of the offence?

[MARTIN3030]

Yes I would imagine so.

But under DPA the company wont reveal this to the employee with the NIP will they !

[BRIGADIER2JCS]

Yes I would imagine so.

But under DPA the company wont reveal this to the employee with the NIP will they !

 

I think I would have immediately passed the NIP to the co secretary for attention given the fact

there were 2 authorised drivers with the vehicle I believe there is an obligation here for the company

to divulge.

[MARTIN3030]

He has now had a letter saying they have information that the vehicle was seen in a location close to the second drivers home.

It seems that he had dropped off the guy BEFORE the speeding was flashed on the motorway.

Probably the other guy has given this info and they have checked records from a nearby camera ?

He has to reply before tomorrow.I am told the letter asks if he now admits to this or wants to supply further info.

Any ideas ?

Also at what stage would he be able to seek disclosure ?

[Positive]

I would have thought that due to there being two possible drivers of the vehicle his first course of action would be to reply by letter. The letter should explain the difficulty in determining the driver, as there were two possible drivers that day, and also ask for any photographic evidence to help him determine who would have been driving at the time of the alleged offence.