PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

[NIP Wizard] NIP - 89 MPH on the motorway
K.I.T.T.
post Fri, 22 Sep 2017 - 18:37
Post #1


Member


Group: Members
Posts: 31
Joined: 4 Aug 2010
Member No.: 39,531



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2017
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M180, Beltoft, United Kingdom
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? - 3
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 - Noticed camera van (probably too late at this point) on the side of the motorway. Was drizzling. Camera "hatch" shut. Multiple trips were made in opposite directions on that section motorway on the day

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: Fri, 22 Sep 2017 18:37:57 +0000
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 9)
Advertisement
post Fri, 22 Sep 2017 - 18:37
Post #


Advertise here!









Go to the top of the page
 
Quote Post
K.I.T.T.
post Fri, 22 Sep 2017 - 18:50
Post #2


Member


Group: Members
Posts: 31
Joined: 4 Aug 2010
Member No.: 39,531



Hopefully, imgur won't change the URL:





This is the first NIP I am contesting. I have three points from a prior incident.

There's nothing obviously wrong on the NIP that I can see. I do note that the direction of travel has not been mentioned, unlike other NIPs I have seen. I spotted the van going in one direction. There was light rain at the time and I distinctly remember the windows on the back of the van were shut. Speed indicated on NIP was below 90 MPH.

The vehicle in question made multiple trips on that motorway in different directions on the day.

Can the lack of direction be queried along with requesting photographic evidence?

A hypothetical situation being that one party may have been driving in one direction, but the car later travelled in the opposite direction being driven by another party.

Thanks in advance.
Go to the top of the page
 
+Quote Post
peterguk
post Fri, 22 Sep 2017 - 18:52
Post #3


Member


Group: Members
Posts: 11,748
Joined: 22 Oct 2007
Member No.: 14,720



Time was early in morning. Can't be that tricky to work out who was driving!

Write and ask for photos to "assist in identification of driver." They are not obliged to supply them, but normally do.

Whether they arrive or not, you are legally obliged to name the driver within 28 days.


--------------------
Go to the top of the page
 
+Quote Post
K.I.T.T.
post Fri, 22 Sep 2017 - 18:58
Post #4


Member


Group: Members
Posts: 31
Joined: 4 Aug 2010
Member No.: 39,531



Appreciate the reply, Peter. Am aware of the obligations.

The direction and the photos could be helpful. To elaborate on the scenario I mentioned earlier: quick stint down a couple of junctions to pick up third party, drivers swapped, immediately returning in the other direction.
Go to the top of the page
 
+Quote Post
southpaw82
post Fri, 22 Sep 2017 - 19:02
Post #5


Member


Group: Members
Posts: 27,707
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



You may want to consider replying "If the vehicle was travelling in [direction] the driver was [full details]. If the vehicle was travelling in [direction] the driver was [full details]."


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


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.
Go to the top of the page
 
+Quote Post
K.I.T.T.
post Mon, 9 Oct 2017 - 17:24
Post #6


Member


Group: Members
Posts: 31
Joined: 4 Aug 2010
Member No.: 39,531



I presume there was nothing vexatious in filling in the S172 form (I left email and mobile fields blank) with my own details, duly signed, with a note along the lines of "please see attached". On a separate sheet, stapled, a signed note stating 'Driver details provided are correct if the vechicle was travelling (direction) at the time of the alleged offence'.

It's been over a week since I sent my response using recorded delivery, online tracking confirms receipt.

I'm slightly paranoid about my note rubbing them the wrong way...

This post has been edited by K.I.T.T.: Mon, 9 Oct 2017 - 17:25
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 9 Oct 2017 - 17:34
Post #7


Member


Group: Members
Posts: 26,949
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (K.I.T.T. @ Mon, 9 Oct 2017 - 18:24) *
I'm slightly paranoid about my note rubbing them the wrong way...

But if you supplied details for both directions then what's there to worry about?


--------------------
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
andy_foster
post Mon, 9 Oct 2017 - 19:18
Post #8


Member
Group Icon

Group: Life Member
Posts: 20,170
Joined: 9 Sep 2004
From: Reading
Member No.: 1,624



QUOTE (K.I.T.T. @ Fri, 22 Sep 2017 - 19:50) *
A hypothetical situation being that...


I have a bad feeling about this...

We generally deal with the actual facts, not 'hypothetical' ones - tends to avoid perverting the course of justice, and other inconveniences.


--------------------
Andy

Millenial (noun): a person who is offended at being told "Suck it up, buttercup"
Go to the top of the page
 
+Quote Post
K.I.T.T.
post Mon, 9 Oct 2017 - 19:41
Post #9


Member


Group: Members
Posts: 31
Joined: 4 Aug 2010
Member No.: 39,531



QUOTE (andy_foster @ Mon, 9 Oct 2017 - 20:18) *
QUOTE (K.I.T.T. @ Fri, 22 Sep 2017 - 19:50) *
A hypothetical situation being that...


I have a bad feeling about this...

We generally deal with the actual facts, not 'hypothetical' ones - tends to avoid perverting the course of justice, and other inconveniences.

No intentions on perjuring myself. I was merely curious about such a scenario where direction was involved, where there could have been different drivers.

Mutliple trips were done on the carriageway in both directions that day, however, it would have indeed been myself driving at that time (upon checking, that would have been the first trip of the day). I have named myself as the driver, albeit with the caveat that the car was travelling in the direction I was driving at at the time. It would not have been possible for the car to be going in the opposite direction at the time, regardless of who the driver was.

Go to the top of the page
 
+Quote Post
I am Weasel
post Tue, 10 Oct 2017 - 07:57
Post #10


Member


Group: Members
Posts: 1,299
Joined: 15 Apr 2009
From: Winnersh, UK
Member No.: 27,840



Hmm... I see that this could go horribly wrong. The fact that you put any caveat at all could be taken as equivocation and result in a summons for FtF. Since you know by the timing that the vehicle was travelling in a particular direction and that you would have been driving, the caveat was totally unnecessary. Hopefully those processing your response will be pragmatic and accept that you have unequivocally nominated yourself, but I wouldn't want to get on it
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: Sunday, 25th February 2018 - 01:24
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.