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[NIP Wizard] 85 in 30
darudey
post Wed, 22 Apr 2009 - 17:33
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2009
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): -
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
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 -

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)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also 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: Wed, 22 Apr 2009 18:33:32 +0100

This post has been edited by darudey: Fri, 24 Apr 2009 - 13:36
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post Wed, 22 Apr 2009 - 17:33
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Mr Curiosity
post Wed, 22 Apr 2009 - 17:39
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Sorry, confirm 85mph in a 30mph limit? I hope you don't need your licence for a little while! You've not written any circumstances in for anyone to offer any kind of assistance if any is possible?!
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Scottish Driver
post Wed, 22 Apr 2009 - 17:46
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85 in a 30 ? ohmy.gif The words book and throw come to mind I'm afraid. Can you give us a little more background please ?
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darudey
post Wed, 22 Apr 2009 - 17:48
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-

This post has been edited by darudey: Fri, 24 Apr 2009 - 13:40
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Faraway
post Wed, 22 Apr 2009 - 17:54
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you are looking at a ban for that but then if you dont admit to who was driving I would think it would be limited to 6 points and a large fine. Other more learned members may correct me.
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darudey
post Wed, 22 Apr 2009 - 17:58
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Is the maximum fine £1000? I dont care how long the ban is I fully deserve it, I'll sell my car I dont need it.
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glasgow_bhoy
post Wed, 22 Apr 2009 - 18:02
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were you stopped at the time or was it a camera wat caught u
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darudey
post Wed, 22 Apr 2009 - 18:05
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Camera
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Top Cat
post Wed, 22 Apr 2009 - 18:12
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QUOTE (Faraway @ Wed, 22 Apr 2009 - 18:54) *
you are looking at a ban for that but then if you dont admit to who was driving I would think it would be limited to 6 points and a large fine. Other more learned members may correct me.


Let's be very clear about this "advice",if you lie with regard to who was and who wasn't driving you are perverting the course of justice for which you will go to prison!
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darudey
post Wed, 22 Apr 2009 - 18:14
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This post has been edited by darudey: Fri, 24 Apr 2009 - 13:41
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TheCat
post Wed, 22 Apr 2009 - 18:24
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You might want to read this thread carefully

http://forums.pepipoo.com/index.php?showtopic=38150&hl=

It's similar to your case.


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Out of darkness cometh light.
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glasgow_bhoy
post Wed, 22 Apr 2009 - 19:01
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Refusing to comply with the S172 request would see you getting 6 points and a fine, which would likely be lessser than the punishment for this speed.
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Ocelot
post Wed, 22 Apr 2009 - 19:39
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You wouldn't be lying by refusing to say who was driving at the time, just opening yourself to the offence of failing to provide. However, they may dig deeper for this speed.


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wootness
post Wed, 22 Apr 2009 - 20:05
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QUOTE (glasgow_bhoy @ Wed, 22 Apr 2009 - 20:01) *
Refusing to comply with the S172 request would see you getting 6 points and a fine, which would likely be lessser than the punishment for this speed.



I'd go for this also but hope they don't dig deeper as also commented.
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Faraway
post Wed, 22 Apr 2009 - 21:13
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QUOTE (Top Cat @ Wed, 22 Apr 2009 - 19:12) *
QUOTE (Faraway @ Wed, 22 Apr 2009 - 18:54) *
you are looking at a ban for that but then if you dont admit to who was driving I would think it would be limited to 6 points and a large fine. Other more learned members may correct me.


Let's be very clear about this "advice",if you lie with regard to who was and who wasn't driving you are perverting the course of justice for which you will go to prison!


who said anything about lying? deliberately not completing the NIP or just ignoring it isnt lying and attracts a different offence.
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ict_guy
post Wed, 22 Apr 2009 - 21:26
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Front facing camera or rear camera? Facial recognition software can be used by the police in order to identify a driver/rider.

85 in a 30 could be a 'Go to jail' card. You will need good legal advice here - Mr Loophole?
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southpaw82
post Wed, 22 Apr 2009 - 22:36
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QUOTE (ict_guy @ Wed, 22 Apr 2009 - 22:26) *
85 in a 30 could be a 'Go to jail' card. You will need good legal advice here - Mr Loophole?


Only if he was subsequently prosecuted for dangerous driving, which would be on the NIP. If dangerous driving was not mentioned then that's their bad luck. I very much doubt the OP is going to jail. Perhaps the OP could clarify what offence(s) is on the NIP.




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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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darudey
post Thu, 23 Apr 2009 - 06:56
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For the alleged offence of: (speed .....) in a 30 mph limit
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southpaw82
post Thu, 23 Apr 2009 - 16:13
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So you're not going to jail then... wink.gif


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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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Ocelot
post Thu, 23 Apr 2009 - 18:55
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You've actually exceeded the Pepipoo magistrates guidelines limit!

Magistrates' Court Penalty Guidelines
Eligible for COFP instead? No: Magistrates' court only
Points: 6
Normal fine range: £263 - £438
Disqualification possible? Consider 7-56 days
Maximum fine: £1000

The speed you gave exceeds the standard penalty guidance. Other charges or more severe penalties are possible.


A ban is likely, however. As has been stated, if they haven't charged you for dangerous driving, just for speeding, jail is not an option.

This post has been edited by Ocelot: Thu, 23 Apr 2009 - 18:56
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