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[NIP Wizard] 75 in 50 mobile camera
ap1910
post Thu, 11 May 2023 - 12:46
Post #1


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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2023
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A56 By Pass (50mph), Haslingden(Mobile)
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? - Registered Keeper
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 - Road changes from a 50 to 70 but i was doing 75 the whole way, caught me in the 50 bit. What’s the punishment for 75 in 50? I have 2 months till my license turns 2 years old so i’m really hoping it’s 3 points or another punishment. Should i send off the section 172 as soon as?

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: Thu, 11 May 2023 12:46:17 +0000
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post Thu, 11 May 2023 - 12:46
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FuzzyDuck
post Thu, 11 May 2023 - 13:06
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It’s right on the limit for a 3 point and £100 fixed penalty.
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The Rookie
post Thu, 11 May 2023 - 13:26
Post #3


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From: Warwickshire
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The sentencing guidelines for 66 to 75 in a 50 are
Disqualify 7 – 28 days OR 4 – 6 points

As you are right at the top of that 6 points would normally be the result, with a bit of mitigation it may be possible to get that down to 5.

HOWVER those only apply if it goes to court and 75/50 would normally see a fixed penalty offered of 3 points.

There is no benefit in sending off the reply quickly, nor in sending it slowly.

If it did go to a court hearing it's likely you hear nothing for nearly 6 months and just when you think it's been forgotten receive the Single Justice Procedure Notice (SJPN - aka summons), the delay in the hearing doesn't help with your new driver act period as it is offence date not sentencing date that counts.

This post has been edited by The Rookie: Thu, 11 May 2023 - 13:27


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Rookies 1-0 Birmingham

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ap1910
post Thu, 11 May 2023 - 13:43
Post #4


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QUOTE (The Rookie @ Thu, 11 May 2023 - 14:26) *
The sentencing guidelines for 66 to 75 in a 50 are
Disqualify 7 – 28 days OR 4 – 6 points

As you are right at the top of that 6 points would normally be the result, with a bit of mitigation it may be possible to get that down to 5.

HOWVER those only apply if it goes to court and 75/50 would normally see a fixed penalty offered of 3 points.

There is no benefit in sending off the reply quickly, nor in sending it slowly.

If it did go to a court hearing it's likely you hear nothing for nearly 6 months and just when you think it's been forgotten receive the Single Justice Procedure Notice (SJPN - aka summons), the delay in the hearing doesn't help with your new driver act period as it is offence date not sentencing date that counts.


So if it went to court, what would be my chances of mitigating it down from 6? I know i’m ducked either way from insurance just don’t wanna lose my license
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666
post Thu, 11 May 2023 - 14:47
Post #5


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Posts: 3,300
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (ap1910 @ Thu, 11 May 2023 - 14:43) *
QUOTE (The Rookie @ Thu, 11 May 2023 - 14:26) *
The sentencing guidelines for 66 to 75 in a 50 are
Disqualify 7 – 28 days OR 4 – 6 points

As you are right at the top of that 6 points would normally be the result, with a bit of mitigation it may be possible to get that down to 5.

HOWVER those only apply if it goes to court and 75/50 would normally see a fixed penalty offered of 3 points.

There is no benefit in sending off the reply quickly, nor in sending it slowly.

If it did go to a court hearing it's likely you hear nothing for nearly 6 months and just when you think it's been forgotten receive the Single Justice Procedure Notice (SJPN - aka summons), the delay in the hearing doesn't help with your new driver act period as it is offence date not sentencing date that counts.


So if it went to court, what would be my chances of mitigating it down from 6? I know i’m ducked either way from insurance just don’t wanna lose my license

OP, don't even think of going to court if you don't have to.

It's virtually certain that you'll be offered a fixed penalty. Make sure you read the offer carefully, and comply with the instructions.
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ap1910
post Tue, 16 May 2023 - 14:38
Post #6


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Forgot to mention i’ve done a speed awareness course before, would it still be 3 points and £100 fine?
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The Rookie
post Tue, 16 May 2023 - 14:41
Post #7


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Posts: 56,196
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From: Warwickshire
Member No.: 317



Yes, that would have no impact on the decision making process (unless it was to see if you were eligible for a course anyway).


--------------------
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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ap1910
post Tue, 30 May 2023 - 22:08
Post #8


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Joined: 4 May 2023
Member No.: 119,830



It’s been almost 22 days since I got the NIP, i sent it back but i’m paranoid that it hasn’t got there so i could be prosecuted for not naming the driver, is there anyway i can find out if it reached them or not?
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southpaw82
post Tue, 30 May 2023 - 22:52
Post #9


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From: Not in the UK
Member No.: 18,483



Phone them and ask? Radical idea, I know.


--------------------
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 Wed, 31 May 2023 - 06:57
Post #10


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Group: Members
Posts: 56,196
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



3-4 weeks for turnaround isn't at all unusual.


--------------------
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
 
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