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FightBack Forums _ Speeding and other Criminal Offences _ [NIP Wizard] Banned or fined

Posted by: blanketbox Mon, 17 Jul 2017 - 10:59
Post #1301139

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2017
Date of the NIP: - 171 days after the offence
Date you received the NIP: - 173 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A631(Near Flood Road) Beckingham
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? - 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 - Dual carriageway part of A631 50mph speed limit Mobile camera caught doing 77mph was overtaking a farm lorry carrying a trailer of hay.
Had 6 points at time of offence, now down to 3 when received NP.
Will I be banned and should I attend court.


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:


Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 17 Jul 2017 10:59:27 +0000

Posted by: southpaw82 Mon, 17 Jul 2017 - 11:02
Post #1301140

Presumably it wasn't 173 days until you received the NIP. What have you now got? A single justice notice?

Posted by: The Rookie Mon, 17 Jul 2017 - 11:11
Post #1301143

The 12 point totting ban is based on offence date not conviction date, so if the previous offences were within 3 years of this one you will be liable to a totting ban.

Points stay on your licence for 4 years, so even if it no longer counts for totting you would still have 6 points.

If the court are considering banning you, they will adjourn and require you to attend (so you don't drive inadvertently while disqualified), you can attend or send legal representation. Any ban is instant so if you drive to the court, don't count on driving home (legally anyway).

As above, what do you ACTUALLY have?

Posted by: blanketbox Mon, 17 Jul 2017 - 11:13
Post #1301146

Presume thats what it's called, doesn't state that anywhere just says I'm being charged with a traffic offence, have to make a plea and provide financial information.

Posted by: The Rookie Mon, 17 Jul 2017 - 11:18
Post #1301147

Its either a summons or a single justice procedure notice, it will say somewhere.

Presumably you were either stopped at the time (unlikely for a camera) or have already had a NIP (within 14 days of the alleged offence) and identified the driver?

If its a summons you can attend and get it over with, or plead guilty by post and it will be adjourned and you invited to attend, if it's an SJPN you can't attend so you plead guilty and again a court date will be sent to you (assuming you are pleading guilty of course).

That speed is a near certain 6 points so you need to have any exceptional hardship plea ready.


Posted by: TonyS Mon, 17 Jul 2017 - 11:58
Post #1301161

What were the actual offence dates for the previous points?

Posted by: blanketbox Mon, 17 Jul 2017 - 12:20
Post #1301164

It only states at the head of the letter that I am being charged with traffic offences, and sets out the offence below it. I presume it must be a summons, but have looked through the paperwork and can find neither of the word Summonds or SJPN.

The dates for the previous points were 02/14 & 10/14.

As it seems I will get a ban with the totting up system, I am going to attend court and get myself a solicitor as I really cannot afford to have a 6 or 12 month ban due to work

Posted by: andy_foster Mon, 17 Jul 2017 - 12:50
Post #1301171

Postal requisition? Written charge?

Avoiding a totting ban is generally more to do with having a strong exceptional hardship case, than having a suit present it for you.

Posted by: Logician Mon, 17 Jul 2017 - 13:43
Post #1301183

One hope for you is that you will be given a short ban for that particular offence, rather than 6 points. If magistrates follow their guidelines they should not do that, but that particular guideline is not very well known. You would then have a ban of perhaps 2/4 weeks instead of 6 months, which should be easier for you to cope with. Your approach to the magistrates might be along the lines of "I realise that you will be disqualifying me for this offence, but I hope you will feel able to make it as short as you feel able, because my job will be at risk otherwise."

Posted by: thisisntme Mon, 17 Jul 2017 - 15:00
Post #1301205

Have I go t it wrong or will the OP have 9 points for totting purposes since one of his two 3 pointers was February 2014 if he gets a 6 point conviction?

Posted by: The Rookie Mon, 17 Jul 2017 - 15:10
Post #1301210

You have it wrong, it's offence date that counts, so he had six at the time of this offence and a further six (if that is what is awarded) will make it 12.

Posted by: Jlc Mon, 17 Jul 2017 - 15:10
Post #1301211

QUOTE (thisisntme @ Mon, 17 Jul 2017 - 16:00) *
Have I go t it wrong or will the OP have 9 points for totting purposes since one of his two 3 pointers was February 2014 if he gets a 6 point conviction?

...and the present case was from January. As the date of the offence is reference then 6 points will see 12 points. (Even though 3 points have 'dropped off' since)

Posted by: thisisntme Mon, 17 Jul 2017 - 17:03
Post #1301242

QUOTE (The Rookie @ Mon, 17 Jul 2017 - 16:10) *
You have it wrong, it's offence date that counts, so he had six at the time of this offence and a further six (if that is what is awarded) will make it 12.


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