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“I was registred keeper without v5c at this time (i was waiting, it was new car, i bought it 10 days before the fine).”
Your recent acquisition of the vehicle explains why the NIP you received was late. The first NIP (which is the only one subject to a time limit) almost certainly went to the dealer or somebody else). It may be worth enquiring when the first NIP was served. If it was served beyond 14 days you have the potential for a defence against the speeding charge.
However, as I said earlier, it is very unusual for a first NIP to be served late these days and in any case that will only provide you with a potential get-out of the speeding charge. Your overriding concern at present is to respond to the request for driver’s details. As the “person keeping the vehicle” at the time of the alleged offence you have a duty to provide the details of the person driving. Whilst it is an offence to deliberately name somebody whom you know was not driving, it is not an offence to name the person who was most likely to have been driving. You may decide this is the most pragmatic course to take but it is a matter for you.
As I said earlier, if you fail to name the driver you will almost certainly be charged under S172 of the Road Traffic Act. There is a statutory defence against that charge which says that if you did not know who was driving and you could not, after exercising reasonable diligence, find out then you shall not be guilty of the offence. “Reasonable Diligence” is not defined and it is a matter for a court to decide. But simply saying “it was too long ago and I cannot remember” will not work. You will have to demonstrate that you have examined all the possibilities and have still been unable to find out. It is a difficult hurdle to overcome (if it was easy everybody would do it).
If you do decide to nominate a driver let me know. The speed alleged (43mph in a 30 limit) qualifies for a Fixed Penalty (£100 and three points). However it is likely you will not be offered this because of the time elapsed since the offence and they will go straight to court proceedings. There is scope for the court to sentence you at the Fixed Penalty level but you need to ask them to do so. I’ll let you know what to say. If instead you decide to defend the S172 charge I’ll also give you further advice.
If you decide to do nothing at all you will almost certainly be convicted of the S172 offence in your absence. If you do return to the UK and especially if you intend driving here this could cause you some difficulties.
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