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[NIP Wizard] 101 on M4- likely disqualification?
grother1
post Sun, 14 May 2017 - 16:53
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2017
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M4, J20-19 EASTBOUND, S GLOS, uk
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
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 - Travelling to visit a friend in Bath, noticed flash from overhead bridge. Realised travelling too fast, received NIP a week later. A bit surprised to find doing 101 but no excuse

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: Sun, 14 May 2017 16:42:03 +0000

Hi, in relation to the NIP I received I was doing 101 on the M4. Licence only held for 2 1/2 years. I am 19 years of age with an otherwise clean licence. Any ideas whether this could be 6 points or disqualification. No real mitigation. 9:30 at night on quiet road.


Also gutted that it was 101. Appears I may have fallen into a different sentenceing guideline if it was 99 or 100. Not sure if a solicitor is worth the extra cost if there is nothing to mitigate. Or is it worth trying to argue that margin of error could allow the lower sentencing guideline?
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post Sun, 14 May 2017 - 16:53
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Jlc
post Tue, 16 May 2017 - 11:21
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Yes, they can decide to issue points and this would not require a court hearing. (Indeed, this reduces court costs and time so there's hope)


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Tue, 16 May 2017 - 11:21
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Yes.

The Single Justice will decide to either sentence you or transfer it to the magistrates court for sentencing, the court can't disqualify you without first requiring you to attend. The single justice can sentence you to points (6) and a fine. I'm sure they have their internal guidance for the speed at which they transfer it, but I'm not aware of it.


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

S172's
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grother1
post Mon, 22 May 2017 - 17:53
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Hi, does anyone have any idea how long it takes for the Single Justice Notice to be sent out after they receive my NIP back? I'm on pins..Really hoping for points and no ban. Really need my licence mid August

This post has been edited by grother1: Mon, 22 May 2017 - 20:45
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The Rookie
post Mon, 22 May 2017 - 19:39
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They are allowed six months to commence proceedings and often take that long to do 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 8-0 PPC's
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grother1
post Sat, 14 Oct 2017 - 10:27
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Hi , still not heared anything after 5 months but I understand this is not unusual. If I get a SJN in the next few days/weeks, anyone know how long it takes. My insurance is due for renewal on 7th November. Just wondering if it is likely to be sorted by then. If I can delay it until after that date I would not have to disclose points until next renewal (obv if it is a disqual I will have to disclose straight away).

However, I do have to disclose any "pending prosecutions" at this renewal. I suppose having had an NIP, I have to disclose that I have a "pending prosecution"?? I suppose that if I disclose a pending prosecution they may stipulate that I have to disclose the result asap. Any ideas?
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The Rookie
post Sun, 15 Oct 2017 - 05:29
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I've no idea how they deal with a pending prosecution, whether they ask further questions and base it on that or just use that one tick box. Unlikely to be resolved by then as the case won't he heard until about a month after you get the SJPN.

This post has been edited by The Rookie: Sun, 15 Oct 2017 - 05:29


--------------------
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 8-0 PPC's
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grother1
post Tue, 17 Oct 2017 - 21:18
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Ah well, i phoned the insurance company and told them I had a NIP in May for speeding on the motorway (SP50). They said that at renewal they have to treat an impending prosecution as worst case scenario. In fairness she tried to assist ("Would that be 3 points and a £100?") I had to say that it was likely to be around £500 and 6 points. She never asked for my speed. My insurance has gone up an additional £800. This will have been an expensive lesson with my fine on top and extra insurance for the next 5 years. Just have to pray now that I am not given a short disqualification as that could affect the insurance even more.
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Logician
post Tue, 17 Oct 2017 - 23:15
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I do hope you got other quotes, you always, always should.


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grother1
post Sat, 6 Jan 2018 - 13:42
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Still not heard anything since submiting a reply to my NIP. It will be 8 months tomorrow since the date of offence (May 7th). I understand they can take over the 6 months but how long am i expected to wait?
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AntonyMMM
post Sat, 6 Jan 2018 - 14:01
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You should have had a court date by now ...

either:

1) The case has somehow slipped through the net and not been proceeded with, in which case you have been very lucky or;

2) Notification of the court case has somehow gone astray and you could have been dealt with in your absence ... have you checked your driving licence record online to make sure no points have appeared ? Have you moved address since the offence ?

Either way, I would ring them and ask what's going on - if it has somehow got lost in the system it is too late for proceedings to be started now.

This post has been edited by AntonyMMM: Sat, 6 Jan 2018 - 14:04
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NewJudge
post Sat, 6 Jan 2018 - 14:02
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As has been mentioned, proceedings (which include the SJ procedure) must be commenced within six months of the day of the offence. Very often these proceedings are begun at 5 months and 29 days. The SJ procedure requires a written charge and a “Single Justice Procedure Notice” to be issued at the same time and they must have been done by November 11th at the latest.

It should have been sent to you soon after it was issued and it seems very unlikely that it has been issued in time but you have not received it unless there were postal problems. If your notice did go astray you may have been sentenced without your knowledge of the proceedings. If so you would have been notified of the outcome by post which means that this, too, would have to have gone missing. The best way to find out if this has indeed happened is to look at your driving record held by the DVLA (which you can do online). If you have no conviction you have nothing to lose by phoning the court to find out if proceedings are in train. If they have not been started by now it is too late.
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grother1
post Sat, 6 Jan 2018 - 15:26
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Hi, thanks for your replies. I have checked my licence online which shows no points. I have not queried this till now as I am sure I have seen other posts where a SJN has been received seven or eight months later. I haven't moved address either.
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Logician
post Sat, 6 Jan 2018 - 15:45
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2018 is looking good for you already!


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grother1
post Sat, 6 Jan 2018 - 16:08
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Fingers crossed! I'll phone next week. I'm not building my hopes up too much as, as I say, I have seen a few posts on here where the SJN has been received 8 months or so after the offence.
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Slapdash
post Sat, 6 Jan 2018 - 16:43
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The possibility exists that your insurers may rerate and refund the loafimg you had for the potential prosecution that appears to not be happening.
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Irksome
post Sat, 6 Jan 2018 - 17:30
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Indeed they should as the prosecution appears to have timed out there can be no prosecution pending.
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grother1
post Sun, 15 Apr 2018 - 12:57
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Hi, I have still not heard anything since the NIP in May 2017. I still havent contacted the police as am a little nervous about them resurecting this. I am a little confused about all the legislation, especially all the posts which suggest that proceedings can still be taken if the information has been laid at the court .

Also, this threat is really interesting:

http://forums.pepipoo.com/index.php?showtopic=113274

Sorry to keep on. I could just forget it but I would like to claim back the money from my insurance company that they charged me for having an Impending prosecution. Still a bit nervous about contacting the police .... Any thoughts. I think I'll leave it till next month so it is over a year. Surely any action then would be an abuse.
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The Rookie
post Sun, 15 Apr 2018 - 12:59
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While an attempt to prosecute is not impossible, it’s massively unlikely (assuming you haven’t moved or anything?) time to move on and forget about it.


--------------------
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 8-0 PPC's
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grother1
post Sun, 15 Apr 2018 - 13:05
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QUOTE (The Rookie @ Sun, 15 Apr 2018 - 13:59) *
While an attempt to prosecute is not impossible, it’s massively unlikely (assuming you haven’t moved or anything?) time to move on and forget about it.


No, not moved. I'd like to forget about it, but need to decide whether to ask insurance company to rfund teh extra £800 insurance premium. They will no doubt want proof that there will be no proceedings
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The Rookie
post Sun, 15 Apr 2018 - 15:17
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Start by pointing out the 6 months has expired to commence proceedings and none has been started, see what they then ask for.


--------------------
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 8-0 PPC's
Go to the top of the page
 
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