PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

[NIP Wizard] Looming Totting Up Ban
MaxSpeed
post Wed, 7 Jun 2017 - 23:20
Post #1


Member


Group: Members
Posts: 10
Joined: 7 Jun 2017
Member No.: 92,382



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2017
Date of the NIP: - 5 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): - luton airport approach road from/to M1
Was the NIP addressed to you? - No
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? - Its in my wife name
How many current points do you have? - 6
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 - 50mph Avg speed check
The missus has received 3 NIPs in a week (I was driving) 58, 58, 59.
We received the first NIP on the date of the last offence.


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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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, 07 Jun 2017 23:20:05 +0000
Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 23)
Advertisement
post Wed, 7 Jun 2017 - 23:20
Post #


Advertise here!









Go to the top of the page
 
Quote Post
MaxSpeed
post Tue, 16 Jan 2018 - 22:55
Post #21


Member


Group: Members
Posts: 10
Joined: 7 Jun 2017
Member No.: 92,382



Thanks New Judge.

Yes, all offences are being heard together.
Go to the top of the page
 
+Quote Post
MaxSpeed
post Mon, 10 Sep 2018 - 23:20
Post #22


Member


Group: Members
Posts: 10
Joined: 7 Jun 2017
Member No.: 92,382



I know this is well past the event (nearly 8 months🤔) but thought I would give my experience for future readers.

My hearing was due in the afternoon session but I took the whole day off so that I could get there early and watch some of the morning session cases. There were no other members of the public in any of the cases I saw other than one of the defendants Mum for her case. I was asked if I was press, it is clear no one watches traffic cases. (I watched a prison video link bail hearing which was an eye opener!)

The number of no shows is huge, I would guess over 60% but I did hear the magistrates grumbling so maybe this was a particularly bad day. The fact that I had showed up at all I felt gave me an advantage with the magistrates.

The legal advisors were very helpful in explaining what was going on and helping defendants present their case in all the hearings I saw, and the one in my hearing actually walked me through my exceptional hardship statement. One of my biggest fears was not knowing the courtroom protocol and missing my opportunity to put forward my case (a lot of solicitors prey on this fear IMO) but the legal advisor will not let this happen (from my extremely limited experience).

I’m sure all courts are different but at the start of your session you must register your attendance, from what I could tell the order you register is the order the cases are heard. I sat down and waited for the reception to clear and found myself at the back of the order.

My own hearing was straight forward. Having watched the other cases had certainly helped but was still surprised how nervous I was when my name was called. I offered no mitigation but did take this opportunity to apologise and show how serious I hadn’t take it. We were quickly on to the exception hardship statement which I had written and planned to read but the legal advisor basically asked me questions about areas it would impact and I was able to read the relevant sections from my statement. I had a letter from work which I think had a massive impact.

I was given an almighty dressing down ‘you’re the stupidest person we’ve seen today’ but they did accept my exceptional hardship argument and I live to drive again. I was reminded that if I had so much as a taillight out from now on I would be banned.

So my advice for what it is worth:
Turn up - seems obvious but was a big factor for me.

Speak to your employer early. I kept putting this off but as soon as I did they were brilliant. It is a real pain in the arse for them to sack you and is in both your interests to keep your license.

Have something to present, I had a work letter but if this is not possible a character statement, just someone else saying you’re alright seemed to help. Also shows you’re taking it seriously.

Represent yourself, unless you are really nervous or emotional I’m not sure what a solicitor could have offered. All cases are different of course so this is a personal one. As I stated the legal Advisor was really helpful.

Show remorse and respect for the law, the other people in that room take it very seriously.
Go to the top of the page
 
+Quote Post
Logician
post Mon, 10 Sep 2018 - 23:51
Post #23


Member


Group: Members
Posts: 13,581
Joined: 28 Mar 2010
Member No.: 36,528



Thank you very much for returning and sharing your experience, that is very helpful to other posters.


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



Go to the top of the page
 
+Quote Post
The Rookie
post Tue, 11 Sep 2018 - 07:46
Post #24


Member


Group: Members
Posts: 56,261
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Helpful insight (even accepting that courts will all be slightly different) so thanks.


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

2 Pages V  < 1 2
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: Tuesday, 16th April 2024 - 15:26
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