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[NIP Wizard] 105 in a 70
Bikerlad1978
post Thu, 17 May 2018 - 19:10
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2018
Date of the NIP: - 7 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): - A38 Deep Lane
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? - 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 - Riding motorcycle to work, joined carriageway a bit faster than normally weather was sunny roads dry not much traffic at the time

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, 17 May 2018 19:10:38 +0000
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post Thu, 17 May 2018 - 19:10
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Kickaha
post Thu, 17 May 2018 - 19:58
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Have you a question?
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Bikerlad1978
post Fri, 18 May 2018 - 08:05
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Hi All. Sorry for not posting any questions but couldn't work off a mobile phone so now on a laptop.
My question is what am I likely to get?
No doubt I will be dragged before the magistrates!
Whilst it possible I did do the speed, it not something I do all the time and a moment of excitement on a clear road I got carried away, I am regretting doing this without a doubt the speed was for a very short period as ahead the traffic started to build and I am mindfull of other road users and being on a motorcycle I am more vulnerable but also a motorcycle can decelerate far quicker than a car, no excuse I no but how do I approach this with the court.
I am a very cautious rider as I am very conscious how vulnerable we are on a bike and as many cars don't pay attention to motorcycles you have to have your wits about you (in this case I obviously failed to see the camera van hiding
on the side of the road because my focus was on the cars I was passing and whether they spotted me in their mirrors.

I am prepared for the fine, but as it my first offence how lenient would the judge be?
I travel a lot for work and do need my car to get to work, riding a motorcycle to work is a very rare occurrence, the weather on the day was great so I took the bike to work.

Of course when you get the NIP, you feel like your world crumbles, driving to work this morning at the speed limit and seeing hundreds of cars exceeding the limit makes you wonder if the detterent actually works?

thanks again!
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Jlc
post Fri, 18 May 2018 - 08:10
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QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:05) *
My question is what am I likely to get?
No doubt I will be dragged before the magistrates!

Possibly. That excess is in the new Band C range, so for a guilty plea it's a fine around 1 week's earnings, costs of £85 and a surcharge of 10% of the fine (min £30).

Also, a short ban (probably 2-4 weeks) is quite possible or 6 points instead.

Up to now, most postal pleas will be referred to Mags and you would normally have to attend. There is a new procedure where you can be banned without attending but follow the procedure and the paper work should make it clear(ish).

It might be quite a while before you get the court paperwork - they have 6 months to prosecute.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Bikerlad1978
post Fri, 18 May 2018 - 08:25
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Thank you for your help.
I am guessing a short ban is better than points? A pain for me to get to work for a few weeks or I just take a few weeks holiday and do the many DIY jobs I have on my list.

I am guessing by showing my emotions and how remorseful I am and the fact I have a clean licence helps?

Also the fine, do they expect you to pay straightaway can I ask for time to pay ie 50% on the day and 50% 28 days later.

I know Devon police offer a speed awareness course for bikers based on antisocial behaviour, would it be worth me suggesting to the magistrate that I would like to attend off my own back?

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peterguk
post Fri, 18 May 2018 - 08:32
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QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:25) *
I know Devon police offer a speed awareness course for bikers based on antisocial behaviour, would it be worth me suggesting to the magistrate that I would like to attend off my own back?


A court can not impose a SAC, and in any case your way above the limit for a SAC.


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Jlc
post Fri, 18 May 2018 - 08:41
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QUOTE (peterguk @ Fri, 18 May 2018 - 09:32) *
QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:25) *
I know Devon police offer a speed awareness course for bikers based on antisocial behaviour, would it be worth me suggesting to the magistrate that I would like to attend off my own back?


A court can not impose a SAC, and in any case your way above the limit for a SAC.

I think the OP was implying some form of mitigation to lessen the impact.

QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:25) *
I am guessing a short ban is better than points? A pain for me to get to work for a few weeks or I just take a few weeks holiday and do the many DIY jobs I have on my list.

Depends on your point of view. A ban would probably load your insurance premium more than points.

QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:25) *
I am guessing by showing my emotions and how remorseful I am and the fact I have a clean licence helps?

They'll follow the sentencing guidelines closely. Aggravating factors could make it worse though, e.g. bad weather.

QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:25) *
Also the fine, do they expect you to pay straightaway can I ask for time to pay ie 50% on the day and 50% 28 days later.

You will be given time to pay. You may be able to agree some repayment schedule with them.

This post has been edited by Jlc: Fri, 18 May 2018 - 08:41


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Bikerlad1978
post Fri, 18 May 2018 - 08:52
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Thank you JLC
Spoke to my boss this morning, who himself is no angel on the road.
He says they will help by writing a letter to say I am a crucial part of the business with the need to travel substantially and without me being in the office which is 50 miles from my house and limited public transport it will be of great burden to the company, especially as my job involves food safety which affects the public, of course this is no excuse to speed and I am truly remorseful but these things happen.

They day of the incident the roads were dry, sun was out, traffic was light at the time. There were no cars in front of me.

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Jlc
post Fri, 18 May 2018 - 09:07
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Ok, that is helpful. The days of 'automatic' ban at a ton has gone - points are very possible. (But you don't get the choose unfortunately but can sway the bench)


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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