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[NIP Wizard] 78mph in a 50mph Dual carriageway with roadworks, Threads merged
Davethedriver
post Mon, 26 Mar 2018 - 08:13
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2018
Date of the NIP: - 8 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): - A130, Rettendon
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 - I was driving behind a slow moving lorry on the outside lane of the A130. There are Roadworks here, with no work, but 50 signs up. Whilst waiting for the lorry to overtake the inside lane vehicle, a car started tailgating me, very closely. Once the lorry moved over, I began to accelerate but the tailgating vehicle continued to drive aggressively, so I continued to accelerate to try and get to a gap where I could pull over, before being able to I noticed a figure on the approaching bridge which is clear now, was a Policemen with a handheld device.

It was the perfect setup really, I wasn't certain what speed I was doing at the time of the event, but I was pretty certain I was going to have a problem! Quite out of character nowadays.

I am wondering what next, should I seek legal advice, should I try and explain the circumstances, or is it all a waste of 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: Mon, 26 Mar 2018 08:13:22 +0000
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post Mon, 26 Mar 2018 - 08:13
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NewJudge
post Mon, 26 Mar 2018 - 15:24
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First and foremost you must name yourself as the driver within the 28 days allowed. This is regardless of any defence or mitigation you may offer.

Nothing in your description amounts to a defence or mitigation. The court will take the view that you were not compelled to increase your speed. The speed is too fast for a fixed penalty and the matter will be dealt with in court (almost certainly by way of the “Single Justice” process). The guideline penalty for a guilty plea is a week’s net income, a surcharge of 10% of the fine (Minimum £30) and £85 costs. It also attracts either a ban of between 7 and 56 days or six points.

You cannot attend a Single Justice session and if you want to be present for your hearing you must ask for it to be transferred to the normal Magistrates’ Court. Six points is the most likely outcome but if the Single Justice considers disqualification your case will be transferred to the normal Magistrates’ Court anyway.
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notmeatloaf
post Mon, 26 Mar 2018 - 15:40
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As New judge says not a story you want to recount in court. The way you are meant to deal with a tailgating driver is to slow down so that you can increase the gap in front of you and thus brake more slowly if you need to.

Your reaction is understandable of course but if anything aggravates the offence.

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Davethedriver
post Wed, 4 Apr 2018 - 16:49
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Hi Both, many thanks for taking the time to respond.

I have completed and sent back the NIP just now, well within 28 days and sent recorded post.

I have taken on board what you have advised, but have three follow up questions if may please:
- Should I essentially put nothing as mitigation if I get the single justice process and/or say nothing if I end up going to court? - If so, I would like to at least state this is not typical of me, I have had 3 points total in the last 10 years and currently have a clean licence.
- Should I speak to someone now about representation, in case this gets referred to court and I have to attend?
- and finally, is there anyway to determine if I can get say a short ban or the points. I am not really sure what's worse. I drive quite a bit for work. A short ban I could deal with, a long one would effect my ability to work and see my kids (recently separated) but 6 points would put pressure on the work front too.

I'm concerned at what may happen next, not something I'm used to this, facing going to court.

many thanks
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Jlc
post Wed, 4 Apr 2018 - 17:11
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Representation for a guilty plea is probably not worth the expense. You don’t get to choose points or ban but may be able to influence the bench.

The single justice procedure will kick in first and they may dispose of the matter with 6 points, otherwise it will revert to court to consider the ban.

Realistically you won’t be able to mitigate but you can mention your stuff above. The fine will be around 1 week’s earnings, costs of £85 and surcharge of 10% of the fine (min £30).


--------------------
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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Davethedriver
post Tue, 24 Apr 2018 - 13:22
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Hi all.

Further to my original post of 78mph in a 50mph roadworks, I have not received the SJP notice

I have a couple of questions about this process and I also have a query about the income notice

Any help would be greatly appreciated. I was hoping to plead online, subject to advice

  • Do I need to speak to a solicitor. I covered off the situation in my original post - got stuck behind a lorry, then got tailgated and once the lorry moved I sped up to get ride of the **** on my rear, before seeing the lovely police chap (who if my acronyms are correct was probably a special constable which cheers you up). The Dual carriageway is normally a 70 and the roadworks with no active work reduced it to 50. I was advised that my mitigation was anything but - so my question is do I put anything at all in there?
  • it says I will be informed by post but also told if I need to come to court - how likely is it I will need to go court - is there anyway to determine this?
  • In the 'evidence section' of the Police witness details it states they can provide 'Business Records' only. what does this mean - do I need to know?
  • as I mentioned on the post, I need my car for work and family commitments having recently separated from wife and children. A short ban I could work around, a long ban would be a major problem. 6 points would be worse as I drive a lot for work and family despite a clean license would cause me no end of stress! Where can I outline this situation or do the court not care about this - it's not suitable for the mitigation section clearly.
  • Finally, how long do points stay on your licence as enforceable, is it 3 or 4 years


And on the statement of means, I have a less standard situation. I run a small business and having just separated last month, I also have a big change of circumstances. Without boring anyone, I earn a low salary, clearly evidenced by payroll and P60's etc and I also repay myself some monies from loans I've made to the business which is not a taxable income and it aids my cashflow. I don't want to provide the wrong information but equally if I put actual income and my actual outgoings it won't tally up and I can't see how I can explain this. It's fairly serious to not be clear on this subject right?

thanks - I'm a little stressed and confused by this all.
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peterguk
post Tue, 24 Apr 2018 - 13:29
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QUOTE (Davethedriver @ Tue, 24 Apr 2018 - 14:22) *
Further to my original post of 78mph in a 50mph


That'll be this one:

http://forums.pepipoo.com/index.php?showtopic=119474&hl=

Don't start another thread, just add to your original one. A mod will merge.

QUOTE (Davethedriver @ Tue, 24 Apr 2018 - 14:22) *
I have not received the SJP notice


The offence was in March. They have 6 months in which to commence proceedings, so you have another 4 months to wait yet. Nothing you can do, so chill out.


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Davethedriver
post Tue, 24 Apr 2018 - 13:45
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sorry, I mean I have NOW received the SJP, hence the questions and I see the post has been merged, sorry and thanks for that too.
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Logician
post Tue, 24 Apr 2018 - 18:30
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1. There is nothing obvious that solicitor can do for you. your explanation of what happened is understandable but quite fails to mitigate so better omitted. Use the section to express remorse, not your usual behaviour etc.
2. If the single justice thinks that disqualification should be considered, then you will be asked to attend in person. As a guess, you will just be given 6 points.
3. Business records is a strange expression, it may mean there is no photographic evidence.
4. If you want to say anything, the only place is the mitigation section, but it is not your choice. The reaction to your comments might well be that 6 points will serve as a continual reminder to watch your driving, and given your previous good record, unlikely actually to cause you to lose your licence, provided you can avoid any further moments of madness.
5. Speeding points can be removed from your licence after 4 years, and cease to count for totting after 3.

Putin your taxable income, after deducting tax and NI. Do not worry too much about your outgoings, no one is going to look at those. Worth just mentioning that you have just separated and expect a big but unquantifiable increase in your outgoings as a result.

Try not to stress too much about this, go carefully and you can easily live with 6 points. You will not get a long disqualification and a short one will soon be gone.


--------------------



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Davethedriver
post Thu, 17 May 2018 - 14:22
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hi, I have sent my SJP notice back last week, within the 21 days and pleaded guilty.

- Does anyone have any idea of timelines for a response, and,
- I am going on holiday in a couple of weeks time, is there any risk that I will receive notice that I am going to be disqualified, whilst I am away and as such will be unaware?!

thankks
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Davethedriver
post Wed, 6 Jun 2018 - 12:43
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Hi all, I have been notified of a £330 all in fine and 6 points, which on reflection is the best I could have hoped for considering the stupidity factor and actually a ban of any length would have been quite a problem for me I now realise.

Just wanted to say thank you the guidance and kind words, it all helped me sort this out.

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