PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

[NIP Wizard] Received NIP, NIP given directly
x8814
post Sat, 16 Jun 2012 - 21:16
Post #1


New Member


Group: Members
Posts: 3
Joined: 16 Jun 2012
Member No.: 55,530



NIP Details and Circumstances
What is the name of the Constabulary? - West Yorkshire
Date of the offence: - 16.6.12
Date of the NIP: - 16.6.12
Date you received the NIP: - 16.6.12
Location of offence (exact location as it appears on the NIP: important): - M62 East Bound
Was the NIP addressed to you? - Yes although surname misspelled by one letter
Was the NIP sent by first class post, second class or recorded delivery? - Given Directly by Police Officer
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 -

Accelerated out of a 50 zone, then slowed down to 80 mph, 5 minutes after I see a Police car in my mirror however no lights visible. Pull into the middle lane to let him pass then lights are put on and signaled to pull over. Apparently he was 6 cars behind when I accelerated off, he caught up saying he was doing in excess of 105 mph to catch me. Has a video however, I don't believe it will show anything other than my car accelerating in the distance, him getting by the other cars (no lights) and then him coming up behind me with me doing 80 mph. He said I will either receive a court summons if they can prosecute me based on the video evidence, or I will hear nothing.

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: Sat, 16 Jun 2012 21:16:22 +0000

This post has been edited by cragr14: Sat, 16 Jun 2012 - 21:25
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 9)
Advertisement
post Sat, 16 Jun 2012 - 21:16
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Logician
post Sat, 16 Jun 2012 - 22:48
Post #2


Member


Group: Members
Posts: 11,592
Joined: 28 Mar 2010
Member No.: 36,528



Accelerated out of a 50 zone, then slowed down to 80 mph...................and then him coming up behind me with me doing 80 mph. If he matched his speed with yours at 80mph and did a "follow check" there seems no reason why they should not prosecute you. On the other hand doing 105 to catch you up means nothing. In the words of Stanley Baldwin, 'wait and see'


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



Go to the top of the page
 
+Quote Post
Pete D
post Sun, 17 Jun 2012 - 09:54
Post #3


Member


Group: Members
Posts: 4,746
Joined: 4 Apr 2007
Member No.: 11,456



Are you sure it is a NIP/S172 or is it a Fixed Penalty or a Hort1. A NIP is for the RK to identify the driver, A FPN is for you to present your Licence and £60 and a HORT 1 is yfor you to present all your documents at a police station with 7 days. Pete D
Go to the top of the page
 
+Quote Post
sgtdixie
post Sun, 17 Jun 2012 - 10:11
Post #4


Member


Group: Members
Posts: 9,529
Joined: 5 May 2011
From: UK
Member No.: 46,399



QUOTE (Pete D @ Sun, 17 Jun 2012 - 10:54) *
Are you sure it is a NIP/S172 or is it a Fixed Penalty or a Hort1. A NIP is for the RK to identify the driver, A FPN is for you to present your Licence and £60 and a HORT 1 is yfor you to present all your documents at a police station with 7 days. Pete D


Er, no it isn't.
A NIP is a warning the driver may be prosecuted, a requirement under s172 RTA 1988 is for the named person to provide information as to the drivers identity.

A HORT/1 is for production of specified documents at a PS the driver nominates within 7 days.

Pedantry is catching biggrin.gif
Go to the top of the page
 
+Quote Post
x8814
post Wed, 12 Dec 2012 - 15:07
Post #5


New Member


Group: Members
Posts: 3
Joined: 16 Jun 2012
Member No.: 55,530



Unfortunately I have received a court summons for the above.

The police statement says when questioned about my speed I said "I think it was about 105" which unfortunately I did say sleep.gif , but it was only a rough guess and probably more like 95/100.. in hindsight I should have said "I don't know"!!

The traffic officer has said he began pursuing my car after the 5 vehicles in front of his had moved over (however he did not use lights although it doesn't say this in the statement), and he says he reached 121mph to catch me, however he does state that I was far in the distance by the time the vehicles in front had moved over.

It was a short burst of acceleration past the car which I probably reached 100~ then slowed down to 75/80, and by the time the police officer was behind my car, I had been doing 75/80mph for a good minute or so~


I have the option to plea guilty by post or attend... Considering I said "I think it was about 105 mph" and he has stated he had to do 121 mph to catch up me, what do you reckon they will be driving to get me for? The court summons is for "exceeding 70mph speed limit."

Also, If I plead guilty and go to court, I presume they can ban me there and then if they consider a short ban?


Thanks for the help, much appreciated. Any questions please ask.

This post has been edited by cragr14: Wed, 12 Dec 2012 - 15:10
Go to the top of the page
 
+Quote Post
The Rookie
post Wed, 12 Dec 2012 - 15:28
Post #6


Member


Group: Members
Posts: 39,959
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Clearly you will have to plead guilty.

Logic suggests that you attend in person and state you believe you accelerated to about Xmph (X being the lowest credable speed you can claim), the CPS may accept this and punishment will then be based on that, or thay may ask for a hearing in order to establish the facts of the case which will be similar to a trial and at the end the court will decide on what speed to punich you for.

This is known as entering a 'Newton' plea, keep X believeable and it's likley the CPS won't want to bother with a hearing, so circa 98-100 would seem sensible based on what you say and should avoid a ban.


--------------------
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
Go to the top of the page
 
+Quote Post
dawmdt
post Wed, 12 Dec 2012 - 15:42
Post #7


Member


Group: Members
Posts: 1,056
Joined: 7 Feb 2009
Member No.: 26,079



As per Rookie's response above, it's in your interests to get the speed at court below 100 if you can. At 105 you are in the top bracket for sentencing and will more than likely see you disqualified for (estimating; Mags court can be a bit of an unknown) at least a month, or maybe six points.

Below 100 you'll be more likely to get a shorter ban but they could still go to six points.


--------------------
I am Not a Lawyer
Go to the top of the page
 
+Quote Post
x8814
post Wed, 12 Dec 2012 - 16:36
Post #8


New Member


Group: Members
Posts: 3
Joined: 16 Jun 2012
Member No.: 55,530



Thanks for the replies.

I have drafted a letter of mitigation which to summarise, explains my side of the event and that I regretfully exceeded the 70 mph limit, however on reflection I don't believe the quote of "about 105" was a true representation of my speed.

Not sure how to word the last bit really, without sounding like I am trying to argue.

I'm unsure on whether to attend court, or send my plea in by post as they have given me that option. I would rather have the points than a ban.

Can you clarify if I do attend and they decide a ban is the outcome, it will be there and then?
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 12 Dec 2012 - 16:39
Post #9


Member


Group: Members
Posts: 29,290
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (cragr14 @ Wed, 12 Dec 2012 - 16:36) *
Can you clarify if I do attend and they decide a ban is the outcome, it will be there and then?

Yes - do not drive to court. For this reason they do not normally ban in absence. (With a written plea they may postpone and request attendance)

This post has been edited by Jlc: Wed, 12 Dec 2012 - 16:40


--------------------
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
AFCNEAL
post Wed, 12 Dec 2012 - 17:08
Post #10


Member


Group: Members
Posts: 3,226
Joined: 3 Sep 2007
Member No.: 13,453



QUOTE (cragr14 @ Wed, 12 Dec 2012 - 16:36) *
Thanks for the replies.

I have drafted a letter of mitigation which to summarise, explains my side of the event and that I regretfully exceeded the 70 mph limit, however on reflection I don't believe the quote of "about 105" was a true representation of my speed.

Not sure how to word the last bit really, without sounding like I am trying to argue.

I'm unsure on whether to attend court, or send my plea in by post as they have given me that option. I would rather have the points than a ban.

Can you clarify if I do attend and they decide a ban is the outcome, it will be there and then?


I wouldn't offer any comment on the '105' (but be prepared to ask) and state (if true) that you accelerated to approximately 95 mph and leave it at that. Unlikely to be much by way of worthwhile mitigation though?



This post has been edited by AFCNEAL: Wed, 12 Dec 2012 - 17:09


--------------------
www.BMWEnthusiasts.co.uk
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: Saturday, 17th November 2018 - 03:35
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.