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[NIP Wizard] 81mph on dual carriageway, 6 seater transit custom crew van 1st time in 20 years driving!
milo81
post Thu, 21 Feb 2019 - 21:59
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2019
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): - Overpass A48 near Pensarn, Carms
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 - Overtaking a car on section of dual carriageway with central reservation who was up and down with his speed (50,70,60,70,50 etc), sped up to overtake him eased off and then noticed police stood on bridge with a hand held camera 🤦‍♂️ (box shaped @ end). Driving my crew van (lwb low roof ford custom) 6 seats windows on both sliding rear doors weighs under 2040kg unladen not sure if it can be classed as dual purpose? VW transporter crew cab motoring behind me overtook me when I pulled in too. First time in 20 years driving that I have got anything to do with speeding, 0 points on licence too.

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? - Wales

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: Thu, 21 Feb 2019 21:59:25 +0000
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post Thu, 21 Feb 2019 - 21:59
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The Rookie
post Fri, 22 Feb 2019 - 06:45
Post #2


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Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Is your vehicle shown as dual purpose on the registration document?

That seed and limit for a DPV should see the offer of a drivers awareness course, no points, about £100 and 4 hours of your time.

Clearly the circumstances do not amount to a defence.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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PPC PCN's
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milo81
post Fri, 22 Feb 2019 - 07:30
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I'm not denying that I was going too fast just put down what happened as asked on the form 😉. It says panel van on the NIP, worst case scenario I can see is I was 21mph over best case 11mph. NIP says exceeding 70mph limit not 60 though whether that means anything or not?! As I say I am a 'noob' with this!

I'm not denying that I was going too fast just put down what happened as asked on the form 😉. It says panel van on the NIP, worst case scenario I can see is I was 21mph over best case 11mph. NIP says exceeding 70mph limit not 60 though whether that means anything or not?! As I say I am a 'noob' with this!
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The Rookie
post Fri, 22 Feb 2019 - 08:29
Post #4


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From: Warwickshire
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OK, your issue will be that the Police will probably not offer a course due to the error on the V5c, a common one with VW dealers, so you'll probably be offered a fixed penalty for '81 in a 60 (for you) limit'.

You could try attaching a letter to your reply with photo's (as its what the vehicle actually is that sets it's limits, not what the V5c says), nothing ventured.......


--------------------
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 10-0 PPC's
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TonyS
post Fri, 22 Feb 2019 - 13:13
Post #5


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Joined: 24 Mar 2013
From: Scotland
Member No.: 60,732



QUOTE (milo81 @ Fri, 22 Feb 2019 - 07:30) *
I'm not denying that I was going too fast just put down what happened as asked on the form 😉. It says panel van on the NIP, worst case scenario I can see is I was 21mph over best case 11mph. NIP says exceeding 70mph limit not 60 though whether that means anything or not?! As I say I am a 'noob' with this!

Doesn't that mean they're already applying the car speed limits?
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The Rookie
post Fri, 22 Feb 2019 - 16:38
Post #6


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Posts: 56,196
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Not necessarily, no.


--------------------
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 10-0 PPC's
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milo81
post Sat, 23 Feb 2019 - 08:09
Post #7


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Joined: 21 Feb 2019
Member No.: 102,563



Would the fixed penalty still be £100 and 3 points?
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Jlc
post Sat, 23 Feb 2019 - 08:24
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Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Yes.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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milo81
post Fri, 8 Mar 2019 - 12:48
Post #9


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Member No.: 102,563



Just an update, I sent off my S172 form admitting I was the driver etc about a week ago. Had a reply today offering me 3 options,
1: awareness course,
2: Fixed penalty & points or
3: go to court.
Think I will take option 1!
I didn't enclose a letter or anything to say it is a dual purpose vehicle thought I would see what they came back with 1st and this was the best outcome I could have hoped for tbh bar it being dropped completely which isn't my sort of luck!
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Lincolnshire Poa...
post Fri, 8 Mar 2019 - 15:00
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Posts: 19
Joined: 27 Oct 2016
Member No.: 88,059



QUOTE (milo81 @ Fri, 8 Mar 2019 - 12:48) *
Just an update, I sent off my S172 form admitting I was the driver etc about a week ago. Had a reply today offering me 3 options,
1: awareness course,
2: Fixed penalty & points or
3: go to court.
Think I will take option 1!
I didn't enclose a letter or anything to say it is a dual purpose vehicle thought I would see what they came back with 1st and this was the best outcome I could have hoped for tbh bar it being dropped completely which isn't my sort of luck!



Wise choice in taking option 1
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