[NIP Wizard] NIP 40mph in a 30 Options

[steev0]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2018
Date of the NIP: - 28 days after the offence
Date you received the NIP: - 30 days after the offence
Location of offence (exact location as it appears on the NIP: important): - CORSTORPHINE ROAD, EDINBURGH West of Ellersly Road
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
If your are not the Registered Keeper, what is your relationship to the vehicle? - Named driver
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 - Caught speeding at 40mph in a 30 zone. Original NIP sent to the owner who named me as the driver. I don't remember speeding but accept it was me driving 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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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? - Scotland

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.
  
  Depending on your circumstances, you may wish to consider completing the form, but returning it unsigned. By doing so there is a risk that you will be convicted under s172, which would attract 6 penalty points and a fine; in most cases this is likely to exceed the penalty for the speeding offence itself.
  
  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, 18 Jan 2019 14:57:23 +0000

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[BaggieBoy]

3 points and £100 fixed penalty will be the standard outcome, however you do have the option to go "unsigned" in Scotland and avoid prosecution entirely. Search this site for examples of this.

[steev0]

Thanks BaggieBoy, that's my intention, to go unsigned. If the police make contact with me at home do I just say nothing, or something like 'I've already given you the information' ??

[cp8759]

Thanks BaggieBoy, that's my intention, to go unsigned. If the police make contact with me at home do I just say nothing, or something like 'I've already given you the information' ??

IMO less is more.

[steev0]

So, I've received my original unsigned form back and have been asked to sign and return, although no deadline was mentioned. Anyway, I don't intend to sign so I'll do my best to avoid a visit for the next 6 months or whatever it is.....

Interestingly read this yesterday:

https://www.scotsman.com/news/transport/sco...plans-1-4874569

So it seems Scotland could introduce speed awareness courses which would no doubt appeal to those who don't fancy going unsigned.

[The Rookie]

I’d wait about two weeks and return it again, processing could take a couple of days.

It’s six months from the date of the original alleged speeding offence.

[steev0]

I’d wait about two weeks and return it again, processing could take a couple of days.

It’s six months from the date of the original alleged speeding offence.

Thanks Rookie.

I take it the point of returning the form in a couple of weeks (still unsigned) would just be to eat up more time edging me ever closer to the 6 months? I was just planning on ignoring the reminder until I read your post.

[Jlc]

But for a s172 offence the six months is from the request + 28 days and not the underlying offence.

This post has been edited by Jlc: Tue, 19 Feb 2019 - 21:24

[The Rookie]

Indeed, but that’s not relevant to the avoiding them......

[steev0]

I've received my original unsigned form back once more and have been asked to sign and return, and again, no deadline was mentioned. It's now almost 2 months since I received the NIP.

I'm now wondering if I should return it unsigned again or just leave things as they are?

[NewJudge]

I don't see why you should keep bothering. They clearly received it (so absolving you from a S172 charge - apart from the unsigned aspect which they almost certainly won't pursue). It's as much use to them unsigned as if they didn't have it at all. Simply keep evidence that they returned it to you (the proof that you sent it and that they received it).

[steev0]

Thanks for the advice NewJudge! I'll just keep hold of the evidence in that case....

[steev0]

Update: I haven't heard anything else from the police so I assume I'm in the clear? NIP was sent to me mid January....

[The Rookie]

Probably, any S172 offence (if it occurred) would then be mid February, 6 months from then is mid August, so depending on the exact ‘mid’ date you may or may not be past the 6 month timeout but are close.