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[NIP Wizard] 100 on the motorway, now received an NIP!
Marine12
post Sat, 2 Jul 2016 - 17:53
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2016
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M25 Epping nr m/post 5563a clockwise carriageway
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
If your are not the Registered Keeper, what is your relationship to the vehicle? - Company car
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Travelling home on the motorway. The were no overhead gantry signs warning of a restricted speed limit, went through the camera and saw it flash.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 02 Jul 2016 17:53:38 +0000
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post Sat, 2 Jul 2016 - 17:53
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morrisman
post Sat, 2 Jul 2016 - 17:54
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What was the limit on the gantries?
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peterguk
post Sat, 2 Jul 2016 - 17:56
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OP says no limit displayed, so NSL.

Expect a summons within next 6 months.


This post has been edited by peterguk: Sat, 2 Jul 2016 - 17:57


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morrisman
post Sat, 2 Jul 2016 - 17:59
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QUOTE (peterguk @ Sat, 2 Jul 2016 - 18:56) *
OP says no limit displayed, so NSL.

Expect a summons within next 6 months.

Time to get my eyesight tested tongue.gif
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southpaw82
post Sat, 2 Jul 2016 - 18:04
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It's a company car, you're not the RK but you have an NIP addressed to you? Has your company already named you as the driver?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Marine12
post Sat, 2 Jul 2016 - 18:12
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Yes, it is a strange tax efficient scheme, the letter was sent to the company who owns the car last week and they in turn have named me as the driver and the notice has been sent out
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Jlc
post Sat, 2 Jul 2016 - 18:22
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So any question? You will be attending court:


As above, discounted by 33% for a guilty plea, costs of £85 and 10% surcharge on the fine. A short ban is possible but 6 points most likely.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Marine12
post Sat, 2 Jul 2016 - 18:29
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I know it's abit of an unknown but how accurate is this calculator? I will take this in to account when I go to court and report back when I am done there. Is a lawyer a good idea Or just a waste of money?
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Jlc
post Sat, 2 Jul 2016 - 18:30
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For a guilty plea a lawyer isn't going to help.

The calculator is based on the Magistrate's guidelines so 'accurate' (caveat my notes above).


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Marine12
post Sat, 2 Jul 2016 - 18:47
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If I have done a speed awareness course, do I have to disclose this?
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Logician
post Sat, 2 Jul 2016 - 18:48
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If you want the actual court guidelines they are on page 131 HERE. As Jlc says, 6 points is most likely.


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Marine12
post Sat, 2 Jul 2016 - 18:50
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I downloaded the app for sentencing guidelines on the iPad, informative app but one I wouldn't want to be using all the time!
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Marine12
post Sat, 2 Jul 2016 - 19:00
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If I have done a speed awareness course, do I have to disclose this?
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Jlc
post Sat, 2 Jul 2016 - 19:19
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QUOTE (Marine12 @ Sat, 2 Jul 2016 - 20:00) *
If I have done a speed awareness course, do I have to disclose this?

Nope.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Marine12
post Sat, 2 Jul 2016 - 19:30
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Thanks for the reply JLC, is there anywhere to confirm this and what the reasons are that I don't? Won't they already know this when I walk in to the court?
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KH_
post Sat, 2 Jul 2016 - 19:34
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Why would you want to disclose it?
To a court it would just make them think you're a habitual speeder who didn't learn his lesson from the course?!?
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Marine12
post Sat, 2 Jul 2016 - 19:38
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I certainly wouldn't want to but I don't want to lie if asked have I offended previously? Will they not already know the history?
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KH_
post Sat, 2 Jul 2016 - 19:42
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I doubt they'll know you've done a course previously but obviously if they ask you outright you have to tell the truth.
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Bipolar
post Sat, 2 Jul 2016 - 19:59
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They won't ask. To explain if you've never been in traffic court before it's effectively a sausage factory designed to get you in, sentenced and out as quick as possible if you're pleading guilty. It may be a big deal to you but to the court you are simply an administrative procedure. From walking in to walking out will probably last about five minutes.

If you are unsure go to your local Magistrates Court and see how the process works. If you've only seen courts in American films then prepare for a surprise.

This post has been edited by Bipolar: Sat, 2 Jul 2016 - 20:01
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TheBeak
post Sat, 2 Jul 2016 - 20:12
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QUOTE (Bipolar @ Sat, 2 Jul 2016 - 20:59) *
They won't ask. To explain if you've never been in traffic court before it's effectively a sausage factory designed to get you in, sentenced and out as quick as possible if you're pleading guilty. It may be a big deal to you but to the court you are simply an administrative procedure. From walking in to walking out will probably last about five minutes.

If you are unsure go to your local Magistrates Court and see how the process works. If you've only seen courts in American films then prepare for a surprise.


Exactly this.
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