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[NIP Wizard] purple_elk
purple_elk
post Wed, 29 Aug 2018 - 09:59
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2018
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A541 Mold Road, Wrexham
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? - 11
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 was not aware that I had been flashed. The speed recorded was 35mph. I am keen to look at the calibration certificate for the camera as the speed recorded is at the lowest limit of what is enforceable (to the best of my knowledge), but the NIP does not specify the camera ID.

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? - Wales

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, 29 Aug 2018 09:59:26 +0000
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post Wed, 29 Aug 2018 - 09:59
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purple_elk
post Wed, 13 Feb 2019 - 16:59
Post #21


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OK so I have now received court papers requesting that I either plead not guilty, plead guilty under the 'single justice procedure' or plead guilty in court.
I think that a not guilty plea is off the cards as there is strong evidence to the contrary.
My hope is to avoid a driving ban because of work I am doing within the community delivering therapeutic drum circles to at-risk groups (for which I have evidence in the form of testimonials from individuals and organisations).
I would love to save the time and money involved in going to court, but have been advised by a friend that my best chance of getting my point across well would be in court.
What are peoples' views on this?

Thanks in advance,

Elk
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cp8759
post Wed, 13 Feb 2019 - 17:10
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By far the best way to get mitigation across is by pleading guilty in court.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Jlc
post Wed, 13 Feb 2019 - 17:56
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As it's a totting ban then the matter would have to go to court to submit an exceptional hardship plea.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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purple_elk
post Thu, 14 Feb 2019 - 08:46
Post #24


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Thanks, it's pretty clear that I should go to court.
Can anyone offer any advice regarding finding good representation?
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The Rookie
post Thu, 14 Feb 2019 - 09:56
Post #25


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You don’t need representation for an exceptional hardship plea, you can do it yourself.


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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!

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Jlc
post Thu, 14 Feb 2019 - 12:44
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QUOTE (The Rookie @ Thu, 14 Feb 2019 - 09:56) *
You don’t need representation for an exceptional hardship plea, you can do it yourself.

That is true - there's a train of thought that it comes best from the individual being impacted.

However, some people may feel uncomfortable with the process and would like representation. Some have claimed the representation 'saved their licence' - but the facts alone are either truly exceptional, or not.

This post has been edited by Jlc: Thu, 14 Feb 2019 - 12:44


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Thu, 14 Feb 2019 - 14:02
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I think there would be some advantage here in being represented, a solicitor can cast a dispassionate eye over what the OP is going to present and suggest how that might be improved. If the OP simply stands up and talks about delivering therapeutic drum circles to at-risk groups, he may come across as an enthusiast for a very obscure community benefit which can be easily disregarded, whereas a solicitor explaining this may present it more convincingly.


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purple_elk
post Tue, 19 Feb 2019 - 12:03
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Hi,
I have decided that I do want to be represented in course. Can anybody recommend how I might go about finding somebody?
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Logician
post Tue, 19 Feb 2019 - 12:08
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It is important to use a specialist traffic law solicitor. Try Bobby Bell or do a search for speeding solicitor.


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southpaw82
post Tue, 19 Feb 2019 - 14:28
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If it’s a plea in mitigation I think any criminal solicitor could help. I don’t think a road traffic specialist is required, though if you can get one it’s useful.


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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 Tue, 19 Feb 2019 - 14:35
Post #31


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It’s an EH plea, not just mitigation.


--------------------
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
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southpaw82
post Tue, 19 Feb 2019 - 14:44
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QUOTE (The Rookie @ Tue, 19 Feb 2019 - 14:35) *
It’s an EH plea, not just mitigation.

Shouldn’t be beyond them. Specialist for technical defences though.


--------------------
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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notmeatloaf
post Tue, 19 Feb 2019 - 14:54
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Perhaps you should post why you believe a totting ban will cause you exceptional hardship.

If it is something unusual perhaps a specialist solicitor might be worthwhile. If it is relatively run of the mill stuff then the need for a specialist is probably minimal

The question that will likely be asked is if there is anyone else who can deliver the sessions. That depends on various factors - voluntary/paid being the key one. Presumably you gave to cart drums around so it would be impractical to use public transport - that is in your favour.
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purple_elk
post Tue, 19 Feb 2019 - 17:49
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Some of the sessions are paid, others are voluntary. I am traveling up to 100 miles with twenty or more instruments so public transport or private hire is not practical. I have undergone multiple courses of specialist training and I also have a psychotherapy diploma, which allows me to work with issues such as addiction to quite a deep level, using drums in exercises which explore social and emotional issues. There are not many people in this country doing this kind of work, and none that I am aware of in my area.
I am not sure if this is relevant, but my father has had a recent diagnosis of dementia. He is not depending on me for driving, as my mum and other family members also help out. However we are all working together to support him and if I receive a ban he will miss out and it will put greater pressure on other family members. He also attends some of the drum circles and this really lifts his spirits.
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The Rookie
post Tue, 19 Feb 2019 - 19:00
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The usual approach for EH is the kitchen sink approach use anything at all that adds to it.

That said, bear in mind the same arguments cannot be used again for three years so if the kitchen sink approach is used any more points will leave you struggling to find much EH, keeping something back now so you can use it if needed is an option but dilutes this EH claim.


--------------------
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
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purple_elk
post Tue, 19 Feb 2019 - 19:08
Post #36


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As regards future points, I am already down to 8 and my plan is to drive within the law from now on! I will do everything I can to stay on the roads for now, and be mindful of the stress of all of this next time I am tempted to speed!
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purple_elk
post Fri, 22 Feb 2019 - 12:57
Post #37


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I have decided that I am unable to afford solicitors fees, and have been advised that I only have about a 60% chance of winning, so I'm going to represent myself. In the court papers, there is a box in which I should enter any mitigation. It is my understanding that I don't really have anything in the way of mitigation, and I will be relying on the exceptional hardship argument. Do people agree with that?
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The Rookie
post Fri, 22 Feb 2019 - 13:06
Post #38


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That's correct.


--------------------
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
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purple_elk
post Tue, 9 Apr 2019 - 11:04
Post #39


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Hi,
Just in case anyone is interested, I represented myself and made an exceptional hardship argument on the grounds that:

1. My brother who suffers with mental health and MS depends upon me solely for support
2. Losing my license could result in my losing my business
3. Losing my license will make it impossible for me to deliver therapeutic drum circles so lots of innocent people will miss out

The court was quite supportive and I was given three points but allowed to keep my license, but of course now I am driving around with eleven points and really need to be on my best behavior, as I have now used up all of my arguments and if I receive any more points I will almost certainly receive a ban.

Thanks for the help everybody.


Elk
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The Rookie
post Tue, 9 Apr 2019 - 11:18
Post #40


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Well done.

Shouldn't you be on 14 points? Or have the first of the points now ceased to apply for totting (I can't see any dates given).


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