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[NIP Wizard] Speed awareness course not offered
Fledge
post Mon, 16 Aug 2010 - 21:24
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2010
Date of the NIP: - 2 days after the offence
Date you received the NIP: - 22 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A 2038 Hangleton, Hove
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 - The NIP could have arrived before 29/6/10 but we were away and hadn't picked up our post. It certainly wasn't sent by recorded delivery, it was left in our mailbox in the communal hall of our building and was sent by ordinary first-class or second-class mail (I'm afraid I no longer have the envelope though). Anyway, our van was photographed by a mobile speed camera doing 36mph in a 30mph zone (from the NIP I'm not sure exactly where it was photographed but I think it might have been where the hill in question is tricky because the speed limit changes quite suddenly from 50mph to 30mph when you're going downhill near the bottom of the hill). By the time we got the letter, we couldn't remember which of us was driving so we asked the police to send a photograph. When it arrived it was accompanied by a letter that said we might be offered a speed awareness course if we replied promptly confirming who the driver was. I wrote back to say we were 90% sure it was me (my partner and I are similar ages and both wear large sunglasses but we were reasonably sure it was me), and I asked if I could be offered the speed awareness course they referred to. I have never been on such a course before and have a squeaky clean driving licence. However, the reply I received was a conditional offer of a fixed penalty of £60 and 3 penalty points on my licence, and no speed awareness course was offered. I feel deceived! I am a law-abiding citizen and am feeling quite cross about the police heavy-handedness in this case. Is there anything I can do at least to get them to reconsider the speed awareness course? I would be very grateful for your advice.

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? - Unsure
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: Mon, 16 Aug 2010 21:24:49 +0000
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post Mon, 16 Aug 2010 - 21:24
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peterguk
post Mon, 16 Aug 2010 - 21:26
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Unfortunately, there is no obligation to either offer a SAC, or for SACs to be available.


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MartinHP71
post Mon, 16 Aug 2010 - 21:51
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QUOTE (Fledge @ Mon, 16 Aug 2010 - 22:24) *
I wrote back to say we were 90% sure it was me (my partner and I are similar ages and both wear large sunglasses but we were reasonably sure it was me)


This is probably the reason you were not offered the speed awareness course. Police forces are now looking at people putting things like this down as potentially trying to avoid punishment by playing some game.

If you had admitted outright whom was driving then you would have probably got the course your answer left room for doubt and therefore offer was removed (as they are entitled to do.)
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peterguk
post Mon, 16 Aug 2010 - 21:58
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. Post edited.

This post has been edited by peterguk: Mon, 16 Aug 2010 - 22:35


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redloner
post Mon, 16 Aug 2010 - 22:31
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If a CoFP has been received, it appears the driver details were acceptable and a S172 charge is unlikely?
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peterguk
post Mon, 16 Aug 2010 - 22:34
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QUOTE (redloner @ Mon, 16 Aug 2010 - 23:31) *
If a CoFP has been received, it appears the driver details were acceptable and a S172 charge is unlikely?


Thanks RL. icon_redface.gif

QUOTE (redloner @ Mon, 16 Aug 2010 - 23:31) *
If a CoFP has been received, it appears the driver details were acceptable and a S172 charge is unlikely?


Thanks RL. icon_redface.gif Previous post edited.

This post has been edited by peterguk: Mon, 16 Aug 2010 - 22:35


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The Rookie
post Tue, 17 Aug 2010 - 05:37
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If the CoFP is accepted by the recipient, then probably no S172 charge will be bought, if its not, I'm sure it will be, otherwise that 10% doubt could be used as a defence.

Simon


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nemo
post Tue, 17 Aug 2010 - 06:14
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QUOTE (Fledge @ Mon, 16 Aug 2010 - 22:24) *
Is there anything I can do at least to get them to reconsider the speed awareness course?

Write to them and politely ask if they would reconsider allowing your attendance on a course, as they had intimated in previous correspondence.

No harm can come from at least asking the question, but best write immediately as the 28 day suspended enforcement period of the CoFP will not be automatically extended or suspended simply because you have written a letter.

This post has been edited by nemo: Tue, 17 Aug 2010 - 06:15
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