PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

NIP 77mph in a 50mph Motorway, Need advice please!
6715999
post Mon, 17 Jan 2022 - 01:46
Post #1


New Member


Group: Members
Posts: 9
Joined: 17 Jan 2022
Member No.: 115,399



Recieved an NIP for doing 77mph in a temporary 50mph on the M6. Thr form has been filled out online stating who the driver was so still awaiting the second form/NIP to be sent out telling the driver what to do.

The driver plans to plead guilty and just wants it over and done with because they really did not mean to commit the offence, it was at 1am on the way back from the airport and it only just happened when they joined the motorway and once they realised it was a temporary 50mph limit they obeyed the speed limit straightaway.

The question is, what will this result in? Understand its a Band C offence but is it likely to be 6 points and a 150% weekly income fine or is it more likely to be a ban?

This post has been edited by 6715999: Tue, 18 Jan 2022 - 08:21
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 15)
Advertisement
post Mon, 17 Jan 2022 - 01:46
Post #


Advertise here!









Go to the top of the page
 
Quote Post
TMC Towcester
post Mon, 17 Jan 2022 - 07:08
Post #2


Member


Group: Members
Posts: 3,074
Joined: 17 Nov 2015
Member No.: 80,686



You're right on the cusp between a fixed-penalty and court hearing, probably the latter. Very few attend court at present so it may be done remotely, unless they're considering a ban which is most unlikely (unless you have points already?).

Please guilty and indeed you'll get as fine based on income, costs and the lunatic victim surcharge - probably c£400 all in. Points will depend on the mags, but 4-5 most likely.
Go to the top of the page
 
+Quote Post
6715999
post Mon, 17 Jan 2022 - 07:24
Post #3


New Member


Group: Members
Posts: 9
Joined: 17 Jan 2022
Member No.: 115,399



Thanks for the reply! So you think it will more than likely be a fixed penalty? The driver has had points previous but they have expired and they now have a clean license

This post has been edited by 6715999: Mon, 17 Jan 2022 - 07:26
Go to the top of the page
 
+Quote Post
NeverMind
post Mon, 17 Jan 2022 - 08:12
Post #4


Member


Group: Members
Posts: 521
Joined: 15 Oct 2011
From: England
Member No.: 50,387



QUOTE (6715999 @ Mon, 17 Jan 2022 - 07:24) *
Thanks for the reply! So you think it will more than likely be a fixed penalty?


Not sure how you took that from his reply. He said exactly the opposite.

This post has been edited by NeverMind: Mon, 17 Jan 2022 - 08:12
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 17 Jan 2022 - 08:16
Post #5


Member


Group: Members
Posts: 56,197
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



No, the usual cut off for an FP is 75, I think it's very unlikely you'll be offered one, however 5-6 points is much much more likely than a period of disqualification, although if they did it would likely only be 7 days.

It's likely the next step is a 'Single Justice Procedure Notice' (which may well not arrive for up to 6 months) and if you plead guilty the single Justice likely award points and not send it to a full court hearing to consider a disqualification. If he did the bench would look at the matter afresh giving you two bites of the points (instead of ban) cherry.

Just to be clear, the NIP recipient was NOT the driver? If so the next step is a 'NIP' to the driver to which they will respond confirming they were the driver. If the NIP recipient was the driver then it's not normal for them to be able to confirm they were via an online form but that it has to be in writing (which could be a scanned and submitted signed form. Your description shouldn't happen of a reply online to the NIP and then a next notification of action.

Make sure 'you' (the addressee on the NIP) have done the right thing here.

This post has been edited by The Rookie: Mon, 17 Jan 2022 - 08:20


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
6715999
post Mon, 17 Jan 2022 - 08:29
Post #6


New Member


Group: Members
Posts: 9
Joined: 17 Jan 2022
Member No.: 115,399



QUOTE (NeverMind @ Mon, 17 Jan 2022 - 08:12) *
QUOTE (6715999 @ Mon, 17 Jan 2022 - 07:24) *
Thanks for the reply! So you think it will more than likely be a fixed penalty?


Not sure how you took that from his reply. He said exactly the opposite.


Sorry I meant as in they will give points and a fine instead of give a full court hearing.

QUOTE (The Rookie @ Mon, 17 Jan 2022 - 08:16) *
No, the usual cut off for an FP is 75, I think it's very unlikely you'll be offered one, however 5-6 points is much much more likely than a period of disqualification, although if they did it would likely only be 7 days.

It's likely the next step is a 'Single Justice Procedure Notice' (which may well not arrive for up to 6 months) and if you plead guilty the single Justice likely award points and not send it to a full court hearing to consider a disqualification. If he did the bench would look at the matter afresh giving you two bites of the points (instead of ban) cherry.

Just to be clear, the NIP recipient was NOT the driver? If so the next step is a 'NIP' to the driver to which they will respond confirming they were the driver. If the NIP recipient was the driver then it's not normal for them to be able to confirm they were via an online form but that it has to be in writing (which could be a scanned and submitted signed form. Your description shouldn't happen of a reply online to the NIP and then a next notification of action.

Make sure 'you' (the addressee on the NIP) have done the right thing here.


No the NIP recipient was not the driver and has filled out a nomination online so the driver is awaiting there NIP. Once there NIP arrives you say they will have to fill the form out in writing and send it away instead of being able to process it online? Since the driver will have pleaded guilty straightaway will the SNJP just hit the driver with the 6 points and fine and skip the online court hearing? When you say make sure you have done the right thing does this sound right?

This post has been edited by 6715999: Tue, 18 Jan 2022 - 08:23
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 17 Jan 2022 - 08:41
Post #7


Member


Group: Members
Posts: 56,197
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (6715999 @ Mon, 17 Jan 2022 - 08:29) *
Once there NIP arrives you say they will have to fill the form out in writing and send it away instead of being able to process it online?

Yes, exactly that.

QUOTE (6715999 @ Mon, 17 Jan 2022 - 08:29) *
Is the most likely outcome of this going to be sitting on an online zoom call like court hearing and will most likely be sentenced the points and fine as you say?

No, as I said the most likely is the single justice deciding your fate after you submit your plea, no need for you to attend by any means (you can't attend the single Justice part)

QUOTE (6715999 @ Mon, 17 Jan 2022 - 08:29) *
Or since the driver will have pleaded guilty straightaway will the SNJP just hit the driver with the 6 points and fine and skip the online court hearing?

I've explained it in the bit you've quoted. The driver can't plead guilty 'straight away', they confirm they were driving (NOT the same thing, they can still plead not guilty), six months later they get the SJPN and enter a plea, the Single Justice can then sentence them, there being no court hearing in the manner you mean AT ALL, just the SJ and a clerk working through the cases in an office, they either sentence or move it to the Magistrates court for a hearing of the type you suggest.

QUOTE (6715999 @ Mon, 17 Jan 2022 - 08:29) *
When you say make sure you have done the right thing does this sound right?

It does now you've corrected your misunderstanding of the process.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
6715999
post Mon, 17 Jan 2022 - 08:53
Post #8


New Member


Group: Members
Posts: 9
Joined: 17 Jan 2022
Member No.: 115,399



QUOTE (The Rookie @ Mon, 17 Jan 2022 - 08:41) *
QUOTE (6715999 @ Mon, 17 Jan 2022 - 08:29) *
Once there NIP arrives you say they will have to fill the form out in writing and send it away instead of being able to process it online?

Yes, exactly that.

QUOTE (6715999 @ Mon, 17 Jan 2022 - 08:29) *
Is the most likely outcome of this going to be sitting on an online zoom call like court hearing and will most likely be sentenced the points and fine as you say?

No, as I said the most likely is the single justice deciding your fate after you submit your plea, no need for you to attend by any means (you can't attend the single Justice part)

QUOTE (6715999 @ Mon, 17 Jan 2022 - 08:29) *
Or since the driver will have pleaded guilty straightaway will the SNJP just hit the driver with the 6 points and fine and skip the online court hearing?

I've explained it in the bit you've quoted. The driver can't plead guilty 'straight away', they confirm they were driving (NOT the same thing, they can still plead not guilty), six months later they get the SJPN and enter a plea, the Single Justice can then sentence them, there being no court hearing in the manner you mean AT ALL, just the SJ and a clerk working through the cases in an office, they either sentence or move it to the Magistrates court for a hearing of the type you suggest.

QUOTE (6715999 @ Mon, 17 Jan 2022 - 08:29) *
When you say make sure you have done the right thing does this sound right?

It does now you've corrected your misunderstanding of the process.


I understand now, sorry for repeating everything you said it was just when the first reply said court hearing I had in my head that this was at an actual court infront of a judge etc. So "court" in this sense is just another word for SJNP? Apart from if they decide to take it further to an actual in person hearing like you say? Glad to hear this all happens in an office and can be done through letters.

The driver will send there NIP back as soon as possible and then will see how long it will take for the SJNP to arrive. Reading through a lot of previous posts recently through 2021 it's quite likely they will send it through nearer the end of the six month period...

Thanks alot for the quick replies and information it really helps!
Go to the top of the page
 
+Quote Post
6715999
post Mon, 17 Jan 2022 - 09:04
Post #9


New Member


Group: Members
Posts: 9
Joined: 17 Jan 2022
Member No.: 115,399



they either sentence or move it to the Magistrates court for a hearing of the type you suggest.

Is it only ever likely that a case like this will go further than the SJNP if the driver doesn't give any form of non guilty or guilty plea and doesn't reply?

Go to the top of the page
 
+Quote Post
6715999
post Mon, 17 Jan 2022 - 09:23
Post #10


New Member


Group: Members
Posts: 9
Joined: 17 Jan 2022
Member No.: 115,399



does now you've corrected your misunderstanding of the process.

Rookie, you seem to be very knowledgeable on these subjects so I thought I could ask one more question that is worrying me. When the nomination online was filled out it was read wrong.

When they asked for "Your Full Name" I put the drivers name instead of the person who is filling out the nomination, I also put the drivers email address instead of the person filling it out. Apart from those two peices of information everything else about the nominee is correct. Have I messed up here? Will they see this as the recipent passing the form onto the driver which it says not to do? Can this be punishable? Will they question this or will they just see that they have not understood the task properly and still send the nomination to the driver? I should have really processed what it said, I was just in a panic when I first seen the letter and wanted to get it done straight away.

This post has been edited by 6715999: Mon, 17 Jan 2022 - 09:25
Go to the top of the page
 
+Quote Post
6715999
post Mon, 17 Jan 2022 - 09:42
Post #11


New Member


Group: Members
Posts: 9
Joined: 17 Jan 2022
Member No.: 115,399



When the nomination online was filled out it was read wrong.

When they asked for "Your Full Name" I put the driver who is being nominated's name instead of the person who is filling out the nomination, I also put the drivers email address instead of the person who is filling it out. Apart from those two peices of information everything else about the nominee is correct. Have I messed up here? Will they question this or will they just see that I have not understood the task properly and still send the nomination to the driver? I should have really processed what it said, I was just in a panic when I first seen the letter and wanted to get it done straight away.
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 17 Jan 2022 - 10:12
Post #12


Member


Group: Members
Posts: 56,197
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Now merged

Who knows if you messed up, each force uses a different system and we can't and won't know each intimately, can you try and complete it again?

This post has been edited by The Rookie: Mon, 17 Jan 2022 - 11:37


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 17 Jan 2022 - 10:18
Post #13


Member


Group: Members
Posts: 56,197
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (6715999 @ Mon, 17 Jan 2022 - 09:04) *
Is it only ever likely that a case like this will go further than the SJNP if the driver doesn't give any form of non guilty or guilty plea and doesn't reply?


When the Single Justice looks at a case it is a 'hearing' in that they can do the same things you would expect of an open court session except you cant attend.

If no plea is entered there would be no value in going to a full court hearing, so no, the SJ will sentence unless a disqualification is considered (an SJ CAN disqualify but they avoid doing so).


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
6715999
post Mon, 17 Jan 2022 - 10:30
Post #14


New Member


Group: Members
Posts: 9
Joined: 17 Jan 2022
Member No.: 115,399



Sorry that is my bad.

I have been back on the site and it just says that the nomination form has been successfully sent and is being processed. I know it isn't possible for anyone to really know what the outcome will be. I hope that they will just send the nomination to the driver. It has all the correct information for the nominee but at the top it asked for "Your Full Name" and "Your Address". I think I just assumed they already knew who was filling out the form since it has my info on the NIP so put the drivers Name and Address. I wonder if they do want to fix this if they will contact the first recipient of the NIP or the nominated driver.

This post has been edited by 6715999: Mon, 17 Jan 2022 - 23:19
Go to the top of the page
 
+Quote Post
southpaw82
post Mon, 17 Jan 2022 - 10:33
Post #15


Member


Group: Members
Posts: 33,610
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



I suspect they won’t care very much, particularly as the form was not addressed to the driver.


--------------------
Moderator

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.
Go to the top of the page
 
+Quote Post
6715999
post Mon, 17 Jan 2022 - 11:39
Post #16


New Member


Group: Members
Posts: 9
Joined: 17 Jan 2022
Member No.: 115,399



I hope this is the case, I am just worried that the police might show up at the door asking if the details are correct. I just want it to move forward so the driver can recieve there NIP and I can stop stressing about the littlest things.

Thanks again for the replies and advice!

This post has been edited by 6715999: Mon, 17 Jan 2022 - 14:24
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 14:28
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here