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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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jezza2018
post Fri, 11 Jan 2019 - 10:44
Post #2


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Group: Members
Posts: 5
Joined: 15 May 2018
Member No.: 97,971



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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The Rookie
post Fri, 11 Jan 2019 - 11:06
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Posts: 56,195
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



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!

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