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[NIP Wizard] Can I admit guilt to a lower speed?
Hooli
post Tue, 18 Sep 2018 - 18:39
Post #1


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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2018
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 4 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A631 East Bawtry Road near Bent Lathes Avenue
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
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 traveled home from work as normal by motorbike in good weather on dry roads.
I regularly see mobile speed traps on this road as I use it most days therefore I don't exceed 50mph in the 40mph zone, I'll admit to those speeds but no the claimed 60mph.
I didn't see the officer but looking at the location they'll have hid behind a large hedge & got me as I traveled away from them.


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, 18 Sep 2018 18:33:48 +0000

Hi all,

As above really, I accept I might have been speeding but not to the extend claimed. I see way too many speed traps on that road to risk doing 50% over the limit. I recall reading about 'Newton hearings' in the past, are they still a thing I can try for?

The location of the trap in Rotherham (heading approx. NE btw) is a few hundred yards after a roundabout so I might well have passed a slow car indeed they often swap lanes incorrectly on the exit/actual roundabout there & it happens so regularly I just make sure I'm not too near to them when they next attempt to have an accident.
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post Tue, 18 Sep 2018 - 18:39
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matssundin13uk
post Thu, 20 Sep 2018 - 20:56
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QUOTE (NewJudge @ Wed, 19 Sep 2018 - 22:47) *
Is there any doubt that the where the OP was driving was subject to a 40mph limit?


No, its definitely a 40mph limit.
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NewJudge
post Thu, 20 Sep 2018 - 21:43
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So the debate about the location is a bit academic then?
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matssundin13uk
post Fri, 21 Sep 2018 - 16:25
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QUOTE (NewJudge @ Thu, 20 Sep 2018 - 22:43) *
So the debate about the location is a bit academic then?


How so?

My point being that if the OP was travelling from Brecks, towards Whiston, 60mph would be easily achievable.

However, if he was travelling the opposite way, off the roundabout, it would be nigh on impossible to get to that speed.

What makes that academic?
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NewJudge
post Fri, 21 Sep 2018 - 17:15
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QUOTE (matssundin13uk @ Fri, 21 Sep 2018 - 17:25) *
My point being that if the OP was travelling from Brecks, towards Whiston, 60mph would be easily achievable.

However, if he was travelling the opposite way, off the roundabout, it would be nigh on impossible to get to that speed.

What makes that academic?

It's academic because the only way the location would be pertinent is to establish the prevailing limit. Whether he was travelling at 50mph or 60mph, it makes no difference to the outcome. He was exceeding the 40mph limit in either case. The point of the Newton Hearing which he suggests might be appropriate is to have a lesser sentence imposed if his version of events is accepted. He won't get a lesser sentence than £100 and three points. So, unless he goes to court simply to prove he was correct (and pay three or four times as much as he needs to for the privilege) trying to argue that he was doing only 50mph (with which your point might help him, depending what sort of bike he has) is similarly academic.
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