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[NIP Wizard] 67 in a 50:(
skidder
post Fri, 14 Jan 2022 - 13:09
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2022
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): - a31, ringwood road, st leonards
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? - owner
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 - was driving on A31 and as I came over a small hill the camera van got me as it was impossible to slowdown. Parked on verge of carriageway. I presumed it was a 60 zone.

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: Fri, 14 Jan 2022 13:09:40 +0000
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post Fri, 14 Jan 2022 - 13:09
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andy_foster
post Fri, 14 Jan 2022 - 13:24
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Nothing you have told us suggests a viable defence. Too fast for a course, so when you have named yourself as the driver you should receive a Conditional Offer of Fixed Penalty (£100, 3 points).


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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skidder
post Fri, 14 Jan 2022 - 13:29
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Thanks Andy I have been looking on line and that speed falls into a band b. 4-6 points and fine.

Is it discretionary or written in stone?

Thanks very much Andy for you're help.
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southpaw82
post Fri, 14 Jan 2022 - 13:38
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Can I congratulate you on posting the same topic a record-breaking 13 times.

A fixed penalty is discretionary but in practice the guidelines will be followed.


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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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skidder
post Fri, 14 Jan 2022 - 13:41
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Yes sorry about the posting of that 13 times. I didn't think it had gone through.

Apologies

So send it off and pray for a fixed penalty yes...
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AntonyMMM
post Fri, 14 Jan 2022 - 13:54
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Yes ....

You will get an offer of a fixed penalty.
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andy_foster
post Fri, 14 Jan 2022 - 16:33
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QUOTE (skidder @ Fri, 14 Jan 2022 - 13:29) *
Thanks Andy I have been looking on line and that speed falls into a band b. 4-6 points and fine.


If you do not accept the fixed penalty (which is almost invariably offered for speeds up 25mph over the speed limit in 40 mph limits and above), the police will instigate court proceedings and if convicted you will be sentenced in accordance with the guidelines you found.
Similarly, if you do not read and follow the instructions on the fixed penalty offer (e.g. sending off your licence when you pay the fixed penalty), the police will instigate court proceedings and if convicted you will be sentenced in accordance with the guidelines you found.

This post has been edited by andy_foster: Fri, 14 Jan 2022 - 20:19


--------------------
Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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skidder
post Fri, 14 Jan 2022 - 20:11
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QUOTE (andy_foster @ Fri, 14 Jan 2022 - 16:33) *
QUOTE (skidder @ Fri, 14 Jan 2022 - 13:29) *
Thanks Andy I have been looking on line and that speed falls into a band b. 4-6 points and fine.


If you do not accept the fixed penalty (which is almost invariably offered for speeds up 25mph over the speed limit), the police will instigate court proceedings and if convicted you will be sentenced in accordance with the guidelines you found.
Similarly, if you do not read and follow the instructions on the fixed penalty offer (e.g. sending off your licence when you pay the fixed penalty), the police will instigate court proceedings and if convicted you will be sentenced in accordance with the guidelines you found.


.
Thanks Andy you have relaxed me hoping I will get a fixed penalty now. Was worried about a court appearance.

I've already sent the 172 off filled in properly.

Thank you
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