Free Traffic Legal Advice

Live cases legal advice => Speeding and other criminal offences => Topic started by: bm1957 on January 15, 2025, 10:40:43 am

Title: Re: S.172 reply
Post by: itsnotmwyouno on January 17, 2025, 09:14:30 pm
Thanks. Offence was 24th Dec. No personal relationship with the lease company at all, I just run the payroll/salary sacrifice within the business that leases the car from the lease company. Will wait for the S.172 to the company (which will go to our registered address first and then be forwarded by accountants!) and hope it's all in time. Confusing the sausage machine is exactly what I don't want to do.

You won't necessarily need a special relationship with leasing company to ask them to name you as an individual rather than as a company, if they haven't already submitted your company's details.It could be a simple situation of asking them if they would do it.  This won't confuse the sausage machine, whereas replying as an individual to a S172 to a company may well do so.
Title: Re: S.172 reply
Post by: bm1957 on January 15, 2025, 05:07:39 pm
Thanks. Offence was 24th Dec. No personal relationship with the lease company at all, I just run the payroll/salary sacrifice within the business that leases the car from the lease company. Will wait for the S.172 to the company (which will go to our registered address first and then be forwarded by accountants!) and hope it's all in time. Confusing the sausage machine is exactly what I don't want to do.
Title: Re: S.172 reply
Post by: andy_foster on January 15, 2025, 11:05:58 am
Received wisdom suggests that the cut off point for offering an SAC is the driver's s. 172 response (to the s. 172 addressed to the driver) being received/processed within 3 months of the date of the offence, and the SAC being completed within 4 months.

Nothing you have told us suggests any reason for the process to drag on to anywhere near that mark - other than if both the lease company and you (as the lease company) both respond to the s. 172 requirement with different information - which could well confuse the sausage machine.

The only step that you could potentially shortcut is the company being nominated, which wouldn't be much of a shortcut unless the  administrator is somewhat incompetent. If the lease company has not already responded, you could ask them to name you directly, rather than the company.
Title: Re: S.172 reply
Post by: NewJudge on January 15, 2025, 10:54:32 am
You could cut out one step by asking the lease company to name you directly instead of naming your employer. But if they have already made their response that may not be an option and in any case they may be reluctant to do that.

I suppose it depends a bit on how close your relationship with the lease company is.

Most forces will make the offer of a course up to three months from the date of the offence. How long ago was that?
Title: S.172 reply
Post by: bm1957 on January 15, 2025, 10:40:43 am
I was caught speeding (81 in a 70) in a company car (salary sacrifice scheme). I am also the administrator of the scheme, so have visibility of the NIP & S.172 form sent to the lease company (via their portal, as supporting documentation for the admin invoice they send for dealing with the S.172). I want to avoid the risk of timing out of eligibility for a speed awareness course, I understand the lease company will reply naming the company as the keeper, who will then reply (i.e. I will reply) naming me as the keeper, I will then as the driver.

Is there anything I can do to shortcut this? e.g. use the original S.172 addressed to the lease company (which I have a copy of), and filling my details as driver? Or writing a letter with my details and admission?

I see the warning that the form is only for the addressee... but I imagine(?) this is to avoid the risk of the form being passed on and the addressee being left 'holding the baby'. Which isn't a risk in this instance.

Thanks