PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

[NIP Wizard] rimanajha16
rimanajha16
post Fri, 10 Aug 2018 - 11:49
Post #1


New Member


Group: Members
Posts: 6
Joined: 10 Aug 2018
Member No.: 99,337



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2018
Date of the NIP: - 53 days after the offence
Date you received the NIP: - 53 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A616 (T) East from 400m past A629 exit for 1.6km, Barnsley, 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? -
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 - I was speeding on a 60mph at 68mph. I sent back the papers and have received a conditional offer of £100 fine and 3 points. I do not want to take the points and fine and would like to contest this.

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? - Unsure
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
- 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: Fri, 10 Aug 2018 11:49:03 +0000
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 11)
Advertisement
post Fri, 10 Aug 2018 - 11:49
Post #


Advertise here!









Go to the top of the page
 
Quote Post
ohnoes
post Fri, 10 Aug 2018 - 11:51
Post #2


Member


Group: Members
Posts: 112
Joined: 18 Apr 2016
Member No.: 83,810



Have you got any questions?
What basis would you like to contest the allegation on?
The only way to do this would be to reject the conditional offer and plead not guilty at court which will be a lot costlier than the conditional offer if you are found guilty.

This post has been edited by ohnoes: Fri, 10 Aug 2018 - 11:53


--------------------
PCNs sucessfully contested with the help of this forum:
Newham 1/1
Enfield 1/1

PPC successfully contested with the help of this forum:
1/1
Go to the top of the page
 
+Quote Post
rimanajha16
post Fri, 10 Aug 2018 - 11:57
Post #3


New Member


Group: Members
Posts: 6
Joined: 10 Aug 2018
Member No.: 99,337



I work as a delivery driver and do not want to get any points as this will affect my career.

If this was contested in court, would we be looking at a potential ban? I was slowing down and the camera captured me. I have never had points on my license, if I write back to them suggesting a speeding awareness course are they likely to accept this?

Thank you for your help smile.gif
Go to the top of the page
 
+Quote Post
BaggieBoy
post Fri, 10 Aug 2018 - 12:03
Post #4


Member


Group: Members
Posts: 5,980
Joined: 3 Apr 2006
From: North Hampshire
Member No.: 5,183



If they were going to offer a course, it would have been at the same time you received the Conditional Offer. Have you done one previously?

Any idea why the NIP is dated 53 days after the offence?
Go to the top of the page
 
+Quote Post
AntonyMMM
post Fri, 10 Aug 2018 - 12:07
Post #5


Member


Group: Members
Posts: 1,282
Joined: 17 May 2010
Member No.: 37,614



QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 12:57) *
If this was contested in court, would we be looking at a potential ban?


No - you would still get three points, but the fine and costs would be much, much higher.

To take it to court you need a defence, which nothing so far suggests you have.
Go to the top of the page
 
+Quote Post
rimanajha16
post Fri, 10 Aug 2018 - 12:08
Post #6


New Member


Group: Members
Posts: 6
Joined: 10 Aug 2018
Member No.: 99,337



I haven't done a speed awareness course before either, that's why I am completely confused as to why they've sent me the points and fine.

Just realised the conditional offer was sent to us 53 days after.
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 10 Aug 2018 - 12:13
Post #7


Member


Group: Members
Posts: 28,579
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 13:08) *
I haven't done a speed awareness course before either, that's why I am completely confused as to why they've sent me the points and fine.

Call them and ask? There's no absolute right to one though.

QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 13:08) *
Just realised the conditional offer was sent to us 53 days after.

And?


--------------------
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.
Go to the top of the page
 
+Quote Post
AntonyMMM
post Fri, 10 Aug 2018 - 12:14
Post #8


Member


Group: Members
Posts: 1,282
Joined: 17 May 2010
Member No.: 37,614



QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 13:08) *
I haven't done a speed awareness course before either, that's why I am completely confused as to why they've sent me the points and fine.


Ring them and ask ...
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 10 Aug 2018 - 12:33
Post #9


Member


Group: Members
Posts: 28,579
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 12:57) *
If this was contested in court, would we be looking at a potential ban?

No ban would be issued for that excess. However, if you maintained a not guilty plea you'll have a very expensive day out unless you actually have a defence. Was the NIP received within 14 days, assuming you are the registered keeper? (You seem to have put the CoFP date in the Wizard?)

This post has been edited by Jlc: Fri, 10 Aug 2018 - 12:34


--------------------
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.
Go to the top of the page
 
+Quote Post
rimanajha16
post Fri, 10 Aug 2018 - 12:40
Post #10


New Member


Group: Members
Posts: 6
Joined: 10 Aug 2018
Member No.: 99,337



QUOTE (Jlc @ Fri, 10 Aug 2018 - 13:33) *
QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 12:57) *
If this was contested in court, would we be looking at a potential ban?

No ban would be issued for that excess. However, if you maintained a not guilty plea you'll have a very expensive day out unless you actually have a defence. Was the NIP received within 14 days, assuming you are the registered keeper? (You seem to have put the CoFP date in the Wizard?)


I can't remember the date the NIP was received as I sent it the form off without photocopying, the COFP date was sent on the 4/8
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 10 Aug 2018 - 12:43
Post #11


Member


Group: Members
Posts: 28,579
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



The date of the CoFP is irrelevant unless somewhere close to 5 months after the allegation.


--------------------
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.
Go to the top of the page
 
+Quote Post
NewJudge
post Fri, 10 Aug 2018 - 12:57
Post #12


Member


Group: Members
Posts: 1,470
Joined: 29 Oct 2008
Member No.: 23,623



QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 12:57) *
I work as a delivery driver and do not want to get any points as this will affect my career.

Alas you need a little bit more than that.

Do you dispute that you were exceeding the speed limit? If not, that leaves defences based on the procedure. One handy (though rarely successful) is a late NIP. The first NIP has to be with the Registered Keeper within 14 days. It seems you will be unable to contest that as you don't know when it was served. You can check that the limit was properly set and appropriately signed. Other than that there is not much you can contest. As suggested, you can try to find out why a course was not offered but unfortunately simply "not wanting" the points will not cut any ice.

Presumably you are not the Registered Keeper of the vehicle.

This post has been edited by NewJudge: Fri, 10 Aug 2018 - 13:01
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 16th August 2018 - 02:32
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.