Free Traffic Legal Advice

There's "quick", and there's "lacking sufficient information".

Is this the first notice regarding the alleged offence, or has an NIP been sent to the company and then they have named you (or someone else)? What I am asking is, has your company messed up and got the name of the driver wrong, even though the address is yours?

There's "quick", and there's "lacking sufficient information".

Is this the first notice regarding the alleged offence, or has an NIP been sent to the company and then they have named you (or someone else)? What I am asking is, has your company messed up and got the name of the driver wrong, even though the address is yours?

Ok I dont really know the answer to that But I am guessing that the police have contacted the company who would have given them the driver details. Weather the company have supplied the wrong surname or weather the police have read it wrong I could not say. I am wondering if the company also supplied my licence details in which case the fault would lie with the police.
I am only an agency driver and have been with this company for a couple of years, its a great job and I wouldn't want to jeopardise it.

 

Quote from: disgruntchelt on May 13, 2025, 08:56:06 am

I suspect your employer put the wrong surname on the s172 they filled in.

By doing nothing, the police are likely to issue a SJPN to mr wrong surname for speeding and FTF in about 5 months time.  At that point replying no such person at your address should see you in the clear.

The company could be prosecuted and fined for filling in the S172 wrongly. 

Of course in the meantime they might go back to your employer when they get no response and if the incorrect name gets spotted you might get a new S172 request but no longer be in time to be able to take a course or COFP.

I see, so is there a time limit for them to take action, I know the NIP has to be issued in 14days which it was but is there another time limit.

The question still is, Do I just ignore this for now or do I reply saying not known at this address ?

Neither. It will catch up with you eventually, and the longer it takes the less chance there will be of your being offered a course or fixed penalty. The only alternative - court - is best avoided, if only to save money.

The only relevant time limit is six months (from the offence date) for the police to begin court action

There are potentially 2 separate issues regarding the NIP - the warning given that the driver might be prosecuted, and the requirement to name the driver under s. 172 RTA 1988.

The requirement to give a warning is that (for the purposes of this thread at least) a NIP must be served on either the driver or the RK within 14 days of the date of the alleged offence. That was either complied with when the first NIP was sent to the RK, or it wasn't. There is no subsequent requirements for further NIPs (for the purposes of warning that the driver might be prosecuted), and strangely enough, no defence from any failure to serve a subsequent NIP that is not required anyway. So, unless this gets close to timing out (6 months from the date of the offence to instigate court proceedings), they can send out what they like when they like.

The actually relevant issue, is the purported requirement to name the driver under s. 172 RTA 1988. The legal requirement to do so is triggered by service of a notice addressed to the addressee. If there was some relatively minor discrepancy with your name, and it was delivered, the consensus is that it would have been lawfully served. When it is a completely different name, I would suggest that that is not the case.

Whether this will blow up in yours or your employers' face is anyone's guess - unless you were to take mind altering drugs and come up with an idea beyond rational comprehension, like asking your employer what information they provided.

As regards what you should do next - contact them or ignore - what you should do is refrain from asking stupid questions.
We can, and have told you what the options and possibilities are. It's up to you to decide which path to take.

How many points do you already have?
When did you pass your test?
What was the speed?
What date was the offence?
How risk adverse are you? Would you prefer to pay £100 and give up an afternoon/pay £100 and get 3 points on your licence, or would you like to take a chance and hope it times out? 

Answer these and we can then talk through the possible courses of action.

Ok well thank you all for your advice on this, I read through the NIP sent to me and all though it says that only the person it is addressed to can answer as does the web site the QR code takes you to, There is facility to tell them that their details are wrong and how. So that is what I have done.

I was kind of hoping that their mistake would render this null and void but in reality that's only a dream. To answer some one else's question I have zero points and can afford the £100 fine I will get or a speed awareness course if they offer. Ive been driving over 50yrs and have and all ways and will all ways consider these things as an occupational hazard. 

So you don't dispute that it is you driving your vehicle for the time and location of the offence?

No as I said its all correct except for my Surname.

This is a game we play, with US on one side and the police on the other, Their are rules that have to be abided by both sides. Sometimes one side will score and sometimes the other, but if that goal is off side then it doesn't count.
I believe that in this case the police are off side and their goal should be disallowed.