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[NIP Wizard] sp30 in hire car
jacksonmaia
post Fri, 11 Jan 2019 - 23:18
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2018
Date of the NIP: - 50 days after the offence
Date you received the NIP: - 51 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Cleveden Road / Great Western Road
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? - courtesy car
How many current points do you have? - 3
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 - I believe I was caught by what I have always thought was a red light camera but appears to be a dual speed and red light camera doing 42MPH in a 30.

What I'm wondering is if I have a chance to appeal?


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? - Scotland

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.

    Depending on your circumstances, you may wish to consider completing the form, but returning it unsigned. By doing so there is a risk that you will be convicted under s172, which would attract 6 penalty points and a fine; in most cases this is likely to exceed the penalty for the speeding offence itself.

    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: Fri, 11 Jan 2019 23:18:49 +0000

This post has been edited by jacksonmaia: Tue, 15 Jan 2019 - 14:40
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post Fri, 11 Jan 2019 - 23:18
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jacksonmaia
post Thu, 28 Mar 2019 - 17:21
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I've received a note from the Police service of Scotland, a citation officer asking me to phone a phone number regarding a road traffic enquiry. Should I ignore this?
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The Rookie
post Thu, 28 Mar 2019 - 17:27
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I would just ignore, yes.


--------------------
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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jacksonmaia
post Sun, 19 May 2019 - 16:42
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It's now been 6 months since the date of the speeding offence. Is that me in the clear?
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Jlc
post Sun, 19 May 2019 - 17:07
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Any potential s172 offence occurs 28 days after the request is issued.

So there’s still some way to go...

This post has been edited by Jlc: Sun, 19 May 2019 - 17:43


--------------------
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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Redivi
post Sun, 19 May 2019 - 19:26
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The speeding offence is timed out but S172 offence is committed 28 days after you received the request
As this was mid-February it won't time out until August
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IanJohnsonWS14
post Mon, 20 May 2019 - 08:59
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QUOTE (The Rookie @ Mon, 14 Jan 2019 - 02:00) *
QUOTE (andy_foster @ Sun, 13 Jan 2019 - 18:36) *
QUOTE (The Rookie @ Sat, 12 Jan 2019 - 14:21) *
Peter is confused on the need to avoid the Police, any verbal response wouldn’t corroborated it wouldn’t be admissible as evidence anyway.


This is news to me (the second part at least). Would you care to elaborate?

There was a big discussion on here a while back, evidence in Scotland all has to be corroborated, even a confession has to have corroborating evidence, there is a specific exemption for the written S172 response but not for a verbal one, so a verbal S172 response would not be admissible in evidence in Scotland without corroboration, it’s hard to see what corroboration there could be?


Usually the second constable provides the corroboration of what the first says you said.

I recall one saying "Here is my corroboration" while pointing to his colleague when the question was raised by our solicitor.


--------------------
Speeding tickets, like lottery tickets, are a voluntary tax. You don't have to get them.
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The Rookie
post Mon, 20 May 2019 - 11:06
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QUOTE (IanJohnsonWS14 @ Mon, 20 May 2019 - 09:59) *
Usually the second constable provides the corroboration of what the first says you said.

No, not true.

two people confirming the same source doesn't corroborate that source/


--------------------
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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southpaw82
post Mon, 20 May 2019 - 11:52
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QUOTE (The Rookie @ Mon, 20 May 2019 - 12:06) *
QUOTE (IanJohnsonWS14 @ Mon, 20 May 2019 - 09:59) *
Usually the second constable provides the corroboration of what the first says you said.

No, not true.

two people confirming the same source doesn't corroborate that source/

Doesn’t that depend on what you’re trying to corroborate? If you’re trying to corroborate who made the statement and what that statement was it seems to do the job.


--------------------
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.
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The Rookie
post Mon, 20 May 2019 - 12:30
Post #29


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True, but it matters not if those are corroborated if the driver nomination given isn't, all have to be corroborated for it to be usable.


--------------------
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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jacksonmaia
post Mon, 20 May 2019 - 21:33
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OK I'll continue to "lay low" until after August. If I am questioned by a Policeman, should I continue to say nothing or would it now be better to name myself etc as the 6months has passed?
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The Rookie
post Tue, 21 May 2019 - 07:00
Post #31


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As 6 months have passed they couldn't now start proceedings for speeding.


--------------------
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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thisisntme
post Tue, 21 May 2019 - 14:46
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But they could for fail to furnish which is far more damaging.


--------------------
I reserve the right to be wrong.
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NewJudge
post Tue, 21 May 2019 - 14:56
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QUOTE (thisisntme @ Tue, 21 May 2019 - 15:46) *
But they could for fail to furnish which is far more damaging.

Very true. Though as I understand it the authorities in Scotland have been somewhat reluctant to prosecute a driver under S172 for submitting an unsigned response.
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