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NIP - Speeding 48mph in 40mph roadworks section with company car
GoodMan111
post Sun, 8 Oct 2017 - 18:53
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Hi,
I am UK company director and was driving our UK company car (registered in my name). I have a EU driving licence.

We're sent a NIP for speeding = 48mph in 40mph roadworks section. First ever speeding offence. I am a careful driver.

I can't remember the signage but there are 50mph and 40mph signs within close proximity.

The NIP is dated 3rd of Oct and it arrived on the 5th or 6th.

What to do and what not to do?

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post Sun, 8 Oct 2017 - 18:53
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cp8759
post Sun, 8 Oct 2017 - 18:58
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Fill in the form and send it back, you should be offered a speed awareness course


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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ford poplar
post Sun, 8 Oct 2017 - 19:30
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2. Complete the NIP Wizard.
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GoodMan111
post Mon, 9 Oct 2017 - 07:37
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2017
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A14 (Roadworks) Westbound, Bar Hill, Cambridgeshire, United Kingdom
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? - The registered keeper is my Limited company
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 - Roadworks on the motor way with different speed limits (50mph and 40mph temporary sinage). I was recorded with 48mph. I did not notice that I was speeding. Could have been due to weather conditions (night time/rain) or poor signage (signs being moved during construction works). The exact location I can not confirm and it is not outlined on the NIP. No images have been provided. I have to trust that the information in the NIP is correct.

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: Mon, 09 Oct 2017 07:37:13 +0000
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Jlc
post Mon, 9 Oct 2017 - 07:54
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The locus does not seem vague enough to disadvantage you - indeed, you appear to know you were driving at the time.

I believe it's SPECS (average) cameras in that area - what do you mean by signs being moved? Are you saying they were temporary?

The NIP makes reference to 'the above Local Traffic Order' but doesn't actually reference it. (This is not unusual) The traffic regulation orders around the A14 are extremely complex but there's perhaps some mileage in looking through them to ensure they have been implemented correctly.

At this point the company should provide your details and you will receive your own personal NIP/s172 to complete.

This post has been edited by Jlc: Mon, 9 Oct 2017 - 07:54


--------------------
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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The Rookie
post Mon, 9 Oct 2017 - 08:10
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When you get a notice in your name you can ask for 'photo's to help confirm the drivers ID' or similar wording and they will usually provide the 2 stills you get from a SPECS device.

You know its on the A14 as it passes Bar Hill, unless the limit changes at that point it shouldn't be hard to check the signage?


--------------------
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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Council PCN's
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Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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GoodMan111
post Mon, 9 Oct 2017 - 08:19
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Hello,

Many thanks to both of you. Your help is very much apprechiated.

As per your suggestionI have completed the NIP wizard (see above).

1) I note that the car is owned by a Ltd company. I am the company director. The V5 is in the name of XYZ LIMTED, followed by my name. Does that make a difference at all?

2) In terms of Speed awareness course, I have a EU licence. Would it matter at all where I have my permanent residence (UK second home)? When telling them I was driving, will I need to provide my EU home address or UK home address?

Kind regards,
GM
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peterguk
post Mon, 9 Oct 2017 - 08:27
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QUOTE (GoodMan111 @ Mon, 9 Oct 2017 - 09:19) *
I note that the car is owned by a Ltd company. I am the company director. The V5 is in the name of XYZ LIMTED, followed by my name. Does that make a difference at all?


In what way? As you were the driver you name yourself as such and sign the S.172 on behalf of the company.


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The Rookie
post Mon, 9 Oct 2017 - 08:59
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The company has to reply naming you (even if it's you completing it - if so use a vague squiggle as the sig) you will then get a notice in your own name which you have to complete for yourself (even if you did the first one for the company).

Provide the UK address, it is unlawful to treat EU citizens differently to UK ones, as such you have the same chance (v good) of getting a course as if you had a UK licence and/or passport. If you provide an overseas address they have a reason to not offer a course!


--------------------
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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GoodMan111
post Mon, 9 Oct 2017 - 10:56
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OK. Very good.

1) I will aim to provide images of the approx location. As it a construction site it is possible for signs to be 'moved', i.e. they are temporary signage. If I recall correctly the 50mph sign has not always been there, but I will need to check this again.

2) Address: Understood. I will provide my UK address.

3) Request to name driver: should I wait until we get closer to the 28 days?
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Jlc
post Mon, 9 Oct 2017 - 11:13
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QUOTE (GoodMan111 @ Mon, 9 Oct 2017 - 11:56) *
3) Request to name driver: should I wait until we get closer to the 28 days?

Why would you want to do that? (It may reduce the chance to dispose of the matter by way of course if that's of interest)

Generally, there's no reason to significantly delay the process.

This post has been edited by Jlc: Mon, 9 Oct 2017 - 11:14


--------------------
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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GoodMan111
post Mon, 9 Oct 2017 - 17:07
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OK. I shall post it tomorrow then.
MT,
T
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GoodMan111
post Mon, 23 Oct 2017 - 10:20
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I have now received this letter
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BaggieBoy
post Mon, 23 Oct 2017 - 10:36
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As expected. Make your choice.
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GoodMan111
post Mon, 23 Oct 2017 - 12:15
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What happens if I do penalty only; will they create a ghost license or do the points go on the EU license?
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BaggieBoy
post Mon, 23 Oct 2017 - 12:17
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Ghost licence.
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cp8759
post Mon, 23 Oct 2017 - 12:18
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QUOTE (GoodMan111 @ Mon, 23 Oct 2017 - 13:15) *
What happens if I do penalty only; will they create a ghost license or do the points go on the EU license?


They will create a ghost licence, they can't put points on a foreign license.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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GoodMan111
post Wed, 25 Oct 2017 - 08:57
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Hello,
I paid the £100 penalty.

They ask for a copy of my EU driving license.

I noticed that they have a wrong digit on my driving licence number, i.e. when I send the number it will relate to another driving license.

Would this matter at all?


it also says country of issue 'unknown' , but I told them previously which country it it.
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GoodMan111
post Wed, 25 Oct 2017 - 09:20
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OK. driving license nr is ok; it is my newly issued number. I previously looked at my old nr.

However, when trying to book the course 'The driving licence number cannot be found in our database: Please check and try again.'

What now?
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peterguk
post Wed, 25 Oct 2017 - 09:28
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QUOTE (GoodMan111 @ Wed, 25 Oct 2017 - 10:20) *
OK. driving license nr is ok; it is my newly issued number. I previously looked at my old nr.

However, when trying to book the course 'The driving licence number cannot be found in our database: Please check and try again.'

What now?


Phone them?


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