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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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notmeatloaf
post Sun, 15 Apr 2018 - 17:44
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The insurance company will not want any proof, after all it would be fairly difficult to get.

The matter will be whether they refund you the money, after all you did appear to have an impending prosecution when you disclosed to it was not a factual error. Much will depend on the wording of your policy about notification.
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IanJohnsonWS14
post Wed, 18 Apr 2018 - 06:44
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You gave the insurance company information (propensity to speed) that indicates that you are a higher risk driver and as a result they increased the premium.

Now because there will not be a prosecution, but you remain a higher risk driver, you want them to reduce the premium.

Insurance is a risk based business and the risk remains valid.


--------------------
Speeding tickets, like lottery tickets, are a voluntary tax. You don't have to get them.
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Kickaha
post Wed, 18 Apr 2018 - 07:16
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QUOTE (IanJohnsonWS14 @ Wed, 18 Apr 2018 - 06:44) *
You gave the insurance company information (propensity to speed) that indicates that you are a higher risk driver and as a result they increased the premium.

Now because there will not be a prosecution, but you remain a higher risk driver, you want them to reduce the premium.

Insurance is a risk based business and the risk remains valid.

He did not give the insurance company any such information.

He told them that the police suspected him of speeding, not that he was guilty.
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nosferatu1001
post Wed, 18 Apr 2018 - 09:18
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Which still doesnt mean any entitlement to a refund of additional premium, for the same reason - there was an increase in perceived risk.
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peterguk
post Wed, 18 Apr 2018 - 09:22
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QUOTE (Kickaha @ Wed, 18 Apr 2018 - 08:16) *
He told them that the police suspected him of speeding, not that he was guilty.


The premium was adjusted accordingly. Nothing has changed, so why should premium change?


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The Rookie
post Wed, 18 Apr 2018 - 09:28
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Because people do get refunds when cases are dropped, the risk is adjusted on the basis they will get found ‘at fault’ and insurance companies do refund if it doesn’t happen.


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

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Kickaha
post Wed, 18 Apr 2018 - 10:10
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QUOTE (peterguk @ Wed, 18 Apr 2018 - 09:22) *
QUOTE (Kickaha @ Wed, 18 Apr 2018 - 08:16) *
He told them that the police suspected him of speeding, not that he was guilty.


The premium was adjusted accordingly. Nothing has changed, so why should premium change?

You know this as a fact?

It is just as likely that the premium was adjusted on the basis that he was guilty.
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