NIP, 14 days and company cars
Discussion
I was found not guilty yesterday of a speeding offence recorded by a camera.
The NIP arrived early April for an offence committed on late February. Clearly way outside the 14 day limit. The fact my car was a company car proved advantageous. In court the reason for the delay became obvious. The police wrote to the owners of the car (the leasing company) who wrote to my company, who wrote back to the leasing company, who wrote back to the police who then wrote to me. This process took 7 weeks. Clearly after 7 weeks, I could not remember who was driving. My defence in court had two angles. 1. The NIP arrived after 14 days 2. After 7 weeks, it was not reasonable to remember who was driving (the photo provided no clue).
The CPS tried to claim that the original letter had been sent to the leasing company within 14 days, but I argued that I was the registered driver/keeper, not the leasing company. This point had the legal eagles flicking through their textbooks but to no conclusion.
Whether the bench accepted the NIP wasn't served in 14 days, or whether "I can't remember who was driving after 7 weeks" or a combination of the two was persuasive wasn't explained, but clearly enough doubt was cast to make a conviction impossible.
Case dismissed!
The NIP arrived early April for an offence committed on late February. Clearly way outside the 14 day limit. The fact my car was a company car proved advantageous. In court the reason for the delay became obvious. The police wrote to the owners of the car (the leasing company) who wrote to my company, who wrote back to the leasing company, who wrote back to the police who then wrote to me. This process took 7 weeks. Clearly after 7 weeks, I could not remember who was driving. My defence in court had two angles. 1. The NIP arrived after 14 days 2. After 7 weeks, it was not reasonable to remember who was driving (the photo provided no clue).
The CPS tried to claim that the original letter had been sent to the leasing company within 14 days, but I argued that I was the registered driver/keeper, not the leasing company. This point had the legal eagles flicking through their textbooks but to no conclusion.
Whether the bench accepted the NIP wasn't served in 14 days, or whether "I can't remember who was driving after 7 weeks" or a combination of the two was persuasive wasn't explained, but clearly enough doubt was cast to make a conviction impossible.
Case dismissed!
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