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Guilty But Need Advice, Received NIP, are we required in court?
WestieLover699
post Wed, 16 Oct 2019 - 21:25
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Im completely new to this so am praying this works but im in desperate need of advice.
Me and my partner went on a day trip to Manchester, partner was caught doing 46 in a 30 zone. He fully holds his hands up, hes a relatively new driver and was being an idiot.
We received our NIP yesterday and posted back yesterday also. I however am diagnosed with Aspergers Syndrome and severe anxiety, ive basically been having panic attacks since this darned letter arrived yesterday (even though it wasnt me driving it was my partner). I have a couple queries im hoping to get answered.
First off, I know he is outside the limit for a Speed Awareness Course (if I may also add here this is still his first offence). What is the likelihood we are gonna have to go to court? What with my anxiety this is what unnerves me most. He is prepared to take whatever fine/penalty points they wanna give him, even if they have to revoke his license!
Secondly, the only reason we are nervous of going to court is because we live in Kent and the offence took place in Manchester (for those who dont know, thats a 500 mile round trip!). If we are summoned to court, are we going to have to travel to Manchester or is there any chance it can be transferred to a local Magistrates?
Thirdly, how long has it taken for others to receive their next lot of paperwork after sending back their NIP? Ive read it can take up to six months?! How long have others had to wait?

Before anyone nags me, believe me, I’m not best pleased with my other half. I was in the car with him, it didnt feel like speeding to me but we got caught and we are young and prepared to learn from our mistakes. I just want some advice on the above points to try and at least calm myself down. Im almost on the verge of just saying to throw the towel and to stop driving. Hes still in his first year and if he cant be trusted then I am on the side of the law. The thought of going to court scares the living daylights outta me, especially one thats 250 miles away!

Any advice would be greatly received. Thanks
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post Wed, 16 Oct 2019 - 21:25
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Jlc
post Wed, 16 Oct 2019 - 21:37
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There’s no reason why a fixed penalty won’t be offered...

So 3 points £100. No court.


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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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666
post Wed, 16 Oct 2019 - 21:38
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Don’t panic. No need for court: he’ll be offered a fixed penalty (£100 fine and three points).

And even if he had to go to court, there would be no need for you to go!
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WestieLover699
post Wed, 16 Oct 2019 - 21:44
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QUOTE (666 @ Wed, 16 Oct 2019 - 22:38) *
Don’t panic. No need for court: he’ll be offered a fixed penalty (£100 fine and three points).

And even if he had to go to court, there would be no need for you to go!


A lot of people have said this to me but (and this is why we’re together), I would be riddled with anxiety if he went on his own not knowing the result and we both suffer anxiety issues (however me a lot more than him due to the autism).
Unfortunately my nan passed away last week so ive been suffering anyway, this is just the cherry on top with a consistent fear of going to court! Hes only had his license 3 months (I love him but I swear I could murder him right now dry.gif
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Logician
post Wed, 16 Oct 2019 - 22:30
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Your partner will be offered a fixed penalty of £100 plus 3 points because there is no reason why he should not be. He will not have to go to court.

Obviously he will need to be very careful to observe speed limits, red lights and so on after this as another 3 points will result in his licence being revoked, and he will have to take his test again, but that would still not mean he had to go to court.

Although he may have been foolish, please resist the urge to murder your partner, or you certainly will have to go to court!


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WestieLover699
post Thu, 17 Oct 2019 - 07:58
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QUOTE (Logician @ Wed, 16 Oct 2019 - 23:30) *
Your partner will be offered a fixed penalty of £100 plus 3 points because there is no reason why he should not be. He will not have to go to court.

Obviously he will need to be very careful to observe speed limits, red lights and so on after this as another 3 points will result in his licence being revoked, and he will have to take his test again, but that would still not mean he had to go to court.

Although he may have been foolish, please resist the urge to murder your partner, or you certainly will have to go to court!


Thank you for your response.
I know I shouldnt be googling these things but from what ive read, he falls in a Band B fine so 4 to 6 points and a fine, or a temporary ban, both things we can deal with. Ive seen so many forums where people have had to go to court or had to wait for weeks on end to find out their fate, im not sure I can cope with the stress waiting that long!
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southpaw82
post Thu, 17 Oct 2019 - 08:00
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It falls within band b if it goes to court , which it won’t do if he accepts the fixed penalty that is offered.


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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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WestieLover699
post Thu, 17 Oct 2019 - 08:05
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QUOTE (southpaw82 @ Thu, 17 Oct 2019 - 09:00) *
It falls within band b if it goes to court , which it won’t do if he accepts the fixed penalty that is offered.

He will accept whatever is given to him even if it means 6 points and getting his license revoked. I have an eye problem which means I will never be able to drive myself, im so annoyed at him for being reckless to the point I want him to have his license revoked because it means he’ll have to resit his tests and maybe, he’ll blummin learn from it.
My anxious mind is telling me however he wont even get offered a fixed penalty, itll just go straight to court.
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The Rookie
post Thu, 17 Oct 2019 - 08:09
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He WILL be offered a fixed penalty, unless there is something substantially out of the ordinary you haven't mentioned.

STOP googling, you'll find a load of stuff you don't understand that will confuse you, such as the Magistrates Court Sentencing Guidelines which mention as band B but could ONLY EVER apply if the case got to the said Magistrates court. Which it won't if he gets offered a fixed penalty and pays and submits his licence (don't forget that second part, too many do).


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

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Incandescent
post Thu, 17 Oct 2019 - 09:29
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Your partner hasn't been driving long, and I can remember what I was like all those years ago, (albeit on a motorbike) ! In 1973 I was riding along a road in the Birmingham suburbs that was very wide with a central reservation you could play football on. I foolishly assumed it was a 40 mph, and got stopped by a police car, only to find out it was 30 mph and I had been doing 50 mph !! I got a ticket and when it went to court, (I pleaded guilty by letter), I was fined £20 with licence endorsement. There were no fixed penalties in those days or points on one's licence, everything had to go to court. That was the only time I have been whalloped for speeding.

The golden rule for town driving is - if there are street lights, assume the limit is 30 mph even though you may not have seen a sign, they are easily missed, especially with councils cutting down on hedge and tree clearance. If you subsequently see a repeater sign, and there are still street lights present, it will indicate a higher limit, usually 40 mph. Repeaters are not used for 30 mph if there are street lights. However beware of these new 20 mph limits ! These DO need repeaters even if there are street lights.

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WestieLover699
post Thu, 17 Oct 2019 - 09:32
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Thank you for all your responses so far.
Does anyone have any idea how long it will take to get our next step through the post? Ive been trying to ring Manchester Polices advice line this morning but I cannot get through!
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The Rookie
post Thu, 17 Oct 2019 - 09:56
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2-4 weeks is normal.


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

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WestieLover699
post Thu, 17 Oct 2019 - 10:11
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QUOTE (The Rookie @ Thu, 17 Oct 2019 - 10:56) *
2-4 weeks is normal.


Finally managed to get through to GMPs ticket office (must admit, the woman was very sympathetic and understanding!). She said 2 to 4 weeks is normal also, but then why say up to 6 months online?
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The Rookie
post Thu, 17 Oct 2019 - 10:20
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Because IF it was a case going to court it would likely take 6 months, so Up To 6 months is perfectly correct. If they wrote 2-4 weeks then people whose case was going to court would have been mislead.


This post has been edited by The Rookie: Thu, 17 Oct 2019 - 10:21


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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 Warwick
Rookies 1-0 Birmingham

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BaggieBoy
post Thu, 17 Oct 2019 - 10:21
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6 months is if it goes to court...which it won't.
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666
post Thu, 17 Oct 2019 - 10:42
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QUOTE (Incandescent @ Thu, 17 Oct 2019 - 10:29) *
However beware of these new 20 mph limits ! These DO need repeaters even if there are street lights.

if you mean 20 mph zones ("new" aboout twenty years ago!) these do NOT need repeaters, but they must have traffic-calming measures at least every 100 metres.
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WestieLover699
post Thu, 17 Oct 2019 - 17:33
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Thank you all for your replies. I managed to speak to the ticket advice line in Manchester today and they have said most likely 3 points and a fine but I am mega confused because this isnt the punishment for Band B?
Quite frankly we will both be happy to have whatever many points/however much fine as long as we dont have to go to court. Woman on the phone said its highly unlikely but even if it did happen, we could write a letter of mitigation and wouldnt have to attend. But your responses have reassured me that we probably wont have to go.
Im just crossing my fingers now that we get the FPN through ASAP so we can move on and put this behind us. We are now debating getting a black box put in but at the moment, we’re unsure as many mixed reviews.
Thank you for the reassurance guys happy.gif
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BaggieBoy
post Thu, 17 Oct 2019 - 17:40
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QUOTE
I am mega confused because this isnt the punishment for Band B?


For the nth time:

The Band B fine is only applicable if the case goes to court. For a 30 limit speed up to 50 will result in a fixed penalty and will not go to court unless the offer of the fixed penalty is refused/ignored.
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Ocelot
post Thu, 17 Oct 2019 - 19:12
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As the others have said, Band B is only applicable if the case goes to court. He will be offered a fixed penalty (£100 and 3 points), which is like an out of court settlement, and, as the name suggests, is fixed.
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The Rookie
post Fri, 18 Oct 2019 - 03:55
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A Fixed penalty, is by definition FIXED...........

The police can't offer a 'band B fine' as that isn't fixed.


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