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Messages - Jake Speed

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Speeding and other criminal offences / Re: Need advice please - NIP received
« on: October 02, 2025, 11:14:13 am »
Thanks for both the replies, i've confirmed the driver details.

(@NewJudge the 33 in a 30 is just background information, there is no mention of a speeding offence)

Could anyone please advise how i can confirm the maximum penalty for the offence of "Driver not in position to have proper control"

I found this site https://sentencingcouncil.org.uk/guidelines/3-motoring-offences-appropriate-for-imposition-of-fine-or-discharge/ but it only has the "Use of mobile telephone" offence

There's conflicting information online, some suggest 6 points and a maximum penalty of either £1000 or £2000, whereas other sites suggest "Driver not in position to have proper control" is an alternative offence to "Use of mobile telephone" and carries a smaller penalty of 3 points and a fine.

Thanks


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Speeding and other criminal offences / Need advice please - NIP received
« on: October 01, 2025, 10:02:50 pm »
Hi,

Any help gratefully received.  I read the "Read this first" post hopefully i've added the required info
  • As the registered keeper I got a NIP through the post for the offence of "Driver not in position to have proper control" contrary to Section 41D of the RTA 1988
  • There was a link to 3 photos (i assume taken by a police camera), 2 of these appear to show the driver handling a mobile phone
  • The notice demands that i supply the details of the person who i think was driving the vehicle at the time
  • The notice also states that the speed was 33mph (the location in the notice is in a 30 mph zone)



Looking for any guidance or advice please
  • am i legally obliged to respond confirming who was driving at the time? 
  • do they need to prove there was evidence of dangerous driving (swerving etc) or would the photo's be deemed sufficient evidence?

Thanks in advance for any advice

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