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Caught doing 79 in a 50 variable speed limit
jezza2018
post Tue, 15 May 2018 - 18:43
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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: - 2 days after the offence
Date you received the NIP: - 3 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M1, South Bound between Junction 26 and 25, Notts
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 can't say I specifically remember the incident! Was driving from Leeds to London, so lots of 50mph and 60mph variable limits, as well as some 50mph average speed check areas. I'm normally quite careful, but guess my luck has run out.

The NIP states I was at a recorded speed of 79mph where the speed limit was 50mph.

Any advice on what to expect / or what to do next will be appreciated.

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: Tue, 15 May 2018 18:43:29 +0000

This post has been edited by jezza2018: Tue, 15 May 2018 - 19:02
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post Tue, 15 May 2018 - 18:43
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BaggieBoy
post Tue, 15 May 2018 - 19:02
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Too fast for any offer I’m afraid.
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Jlc
post Tue, 15 May 2018 - 19:47
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Indeed, that excess is the new band C, so a ban or 6 points, fine around 1 week's earnings, costs of £85 and surcharge of 10% of the fine (min £30). You will have to attend court in the county of the offence.

What to do next? Well you have to name the driver or face 6 points. You could ask for a photo to assist in the identification of the driver - more to perhaps confirm the speed/limit if they supply. However, motorway systems are very reliable.


--------------------
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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cp8759
post Tue, 15 May 2018 - 20:30
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QUOTE (Jlc @ Tue, 15 May 2018 - 20:47) *
You will have to attend court in the county of the offence.

There's nothing to stop the OP asking for the matter to be transferred to a local court.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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jezza2018
post Wed, 16 May 2018 - 07:39
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OK, that is much as I expected, thank you.

Is there any point writing a letter when returning the Driver Information form saying that I regret this poor driving, that it is out of character and that I have had a licence for 20+ years without any points or driving offences?

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Jlc
post Wed, 16 May 2018 - 07:43
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QUOTE (jezza2018 @ Wed, 16 May 2018 - 08:39) *
Is there any point writing a letter when returning the Driver Information form saying that I regret this poor driving, that it is out of character and that I have had a licence for 20+ years without any points or driving offences?

Frankly, no. That would be for court but as they'll be following the sentencing guidelines closely anyway it will have little effect there either.


--------------------
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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jezza2018
post Mon, 21 May 2018 - 19:28
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This has just got worse: I have just received another NIP, this time for doing 92 in a 70mph, timed about an hour before the initial NIP detailed above.

This one is from West Yorkshire Police.

Would it help me to somehow get the two matters dealt with together? Or perhaps not?

Am I likely to be banned from driving? If so, for how long?

Should I get legal advice or am I better just writing or saying in Court how sorry I am and that I will not happen again etc. and to hope for the best?

This is genuinely the first time I have ever been caught speeding or for any other offence in over 20 years of driving.
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The Rookie
post Mon, 21 May 2018 - 19:49
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Won’t help to get them dealt with together, no.

92 in a 70 will be a fixed penalty of 3 points and £100, you can get that settled and out the way before the court case for the other one, your likley to end up on 9 points nd driving like Miss Daisy is in the back for the next 3 years as you’ll risk a totting ban.


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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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NewJudge
post Mon, 21 May 2018 - 20:01
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For 92mph in a 70 limit you should be offered a Fixed Penalty (£100 and three points). You do not want that matter dealt with in court as the penalty will be considerably higher. Just deal with the matter by naming yourself as driver and let nature take its course. The offer of a fixed penalty will probably be made well before you receive notification of the court proceedings (which will almost certainly be done under the"Single Justice" process) for the other matter.
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jezza2018
post Tue, 22 May 2018 - 06:40
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Thank you for all these helpful replies. I will send back the NIP's and will try to keep the thread updated.

Stay safe!
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jezza2018
post Fri, 11 Jan 2019 - 10:44
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I just wanted to update this thread with the outcome:

For the 92mph in 70, I received a fixed penalty of £100 and 3 points.

For the 79mph in 50, whilst I’d returned the NIP back in May, I hadn’t heard anything and at the beginning of Nov, I started to hope I’d somehow got away with that one …

... Alas not, on 12 Nov, exactly 6 months after the incident, I received the charge papers, which had been issued on 9 Nov, 3 days before the end of the 6 months deadline. Quite why Notts Police waited this long, I don’t know: maybe it’s just incompetence, possibly they quite deliberately wait until just before the deadline or perhaps it is the sheer volume of drivers who are getting caught?

I pleaded guilty and wrote a letter of mitigation, saying that I take full responsibility, regret my actions, that I’d already been fined £100 and had 3 points for an incident minutes before. I’d also looked at the Sentencing Guidelines and pointed out that there were no aggravating factors (the road was clear, I don’t have any previous convictions, I plead guilty and co-operated with police etc.)

This was all submitted online (and it just goes to show, that when it comes to collecting fines, the government’s IT systems can be very efficient) and I got an email a couple of weeks later saying I was fined £260 and given another 4 points.

So all in all, after never having any points or fines in 25 years of driving, one journey on the M1 had cost me £360 and 7 points.

Lesson learnt to be careful on the “smart motorways” because the HASDECS cameras are not obvious.

This forum has been an invaluable help – so thank you all. Stay safe on the roads!
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Jlc
post Fri, 11 Jan 2019 - 10:53
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Thanks for reporting back. If it's any consolation 4 points is below the sentencing guidelines. (But they are only guidelines so perhaps your explanation was considered)

QUOTE (jezza2018 @ Fri, 11 Jan 2019 - 10:44) *
So all in all, after never having any points or fines in 25 years of driving, one journey on the M1 had cost me £360 and 7 points.

Around £14/year - so not so bad... wink.gif

Double-check when you need to advise your insurer.


--------------------
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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The Rookie
post Fri, 11 Jan 2019 - 11:06
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QUOTE (jezza2018 @ Fri, 11 Jan 2019 - 10:44) *
Quite why Notts Police waited this long, I don’t know: maybe it’s just incompetence, possibly they quite deliberately wait until just before the deadline

Its quite normal for all force areas for the paperwork to be raised tantalisingly close to the 6 months.

4 months is a very good result, it sounds like the judge misread the limit as 60 not 50 to be honest as its well outside sentencing guidelines!

At least you have one 3 point life left......


--------------------
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 8-0 PPC's
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