PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

[NIP Wizard] 71mph in a van on a 60mph A30(B)
CB1979
post Wed, 18 Sep 2019 - 13:51
Post #1


Member


Group: Members
Posts: 46
Joined: 30 Sep 2016
Member No.: 87,469



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2019
Date of the NIP: - 11 days after the offence
Date you received the NIP: - NOT SURE - AWAITING INFO FROM HIRE COMPANY
Location of offence (exact location as it appears on the NIP: important): - A30(B), Whimple, MP24720B, Exeter, Devon
Was the NIP addressed to you? - No
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? - hirer
How many current points do you have? - 5
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 don't recall the event, but it would have definitely been me driving the vehicle.

I was hiring a van,
I was snapped 04/04/19,
the NIP was dated 15/04/19 to hire company.
(not sure when was received by hire company- i have asked for details)
the hire company obviously passed on my details,
then I was sent a new NIP on 07/05/19,
I sent back the forms on 27/05/19.

I had heard nothing back, so phoned the safety camera unit on 10th June saying I was concerned on timings, had they received my reply.
They said they'd send out letter again, again nothing received.
I phoned them again on 26/07/19 asking what was happening, was then told it was passed back to Devon & Cornwall Police.
Was working away and received a 7 day reminder letter, tried to pay on on 23/08/19.
Have now received on 12/09/19 a SJPN charged with travelling excess speed for type of vehicle (i was told this was a car derived van, so speed limit was 70mph, but that's another matter!)
I now have 21 days to plead guilty or not.

on their evidence (am sure i'm reading it wrong) but the last paragraph says "The speed of the vehicle has been recorded as 71mph, this being in excess of that legally permissable for the road namely 60mph."

Now, I'm pretty sure this is a 70mph dual carriageway (not for this van though), now plucking at straws I'm assuming their statement won't get me off on a technicality?

Is it cut & dry, plead online and be done with it?


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
Did the first NIP arrive within 14 days? - Unsure
Although you not 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: Wed, 18 Sep 2019 13:51:59 +0000

This post has been edited by CB1979: Wed, 18 Sep 2019 - 13:53
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 5)
Advertisement
post Wed, 18 Sep 2019 - 13:51
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Wed, 18 Sep 2019 - 16:05
Post #2


Member


Group: Members
Posts: 31,610
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



It is a dual carriage.

What exact vehicle was it? (But you're right it doesn't matter if you told it was a CDV but it didn't comply - other than a terse complaint to the hire company?)

I presume you were offered a conditional offer of fixed penalty?

You will be charged with exceeding the prescribed limit - it's just the endorsement code that differs, e.g. SP20.

QUOTE (CB1979 @ Wed, 18 Sep 2019 - 14:51) *
I was snapped 04/04/19,
the NIP was dated 15/04/19 to hire company.
(not sure when was received by hire company- i have asked for details)

So it will be presumed delivered (on time) on the 17th unless you can show otherwise.


--------------------
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
CB1979
post Wed, 18 Sep 2019 - 16:20
Post #3


Member


Group: Members
Posts: 46
Joined: 30 Sep 2016
Member No.: 87,469



QUOTE (Jlc @ Wed, 18 Sep 2019 - 17:05) *
It is a dual carriage.

What exact vehicle was it? (But you're right it doesn't matter if you told it was a CDV but it didn't comply - other than a terse complaint to the hire company?)

I presume you were offered a conditional offer of fixed penalty?

You will be charged with exceeding the prescribed limit - it's just the endorsement code that differs, e.g. SP20.

QUOTE (CB1979 @ Wed, 18 Sep 2019 - 14:51) *
I was snapped 04/04/19,
the NIP was dated 15/04/19 to hire company.
(not sure when was received by hire company- i have asked for details)

So it will be presumed delivered (on time) on the 17th unless you can show otherwise.


the vehicle was a ford transit connect, apparently the restriction is for upto 1000kg and this is 1045kg or something.

After I received the NIP and sent back, I'd received nothing further, that's why I rang them twice chasing them up as I didn't get any further details.
I rang them on 23/07/19, then heard nothing since until this SJNP.
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 18 Sep 2019 - 16:26
Post #4


Member


Group: Members
Posts: 31,610
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



Yup, the Connect does not qualify as CDV.

You can quote the sentencing guidelines asking for a fixed penalty equivalent sentence:

QUOTE
where a penalty notice could not be offered or taken up for reasons unconnected with the offence
itself, such as administrative difficulties outside the control of the offender, the starting point
should be a fine equivalent to the amount of the penalty and no order of costs should be
imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in
these circumstances


--------------------
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
The Rookie
post Wed, 18 Sep 2019 - 17:51
Post #5


Member


Group: Members
Posts: 42,850
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



It’s 2000Kg an the connect is over that.


--------------------
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
Go to the top of the page
 
+Quote Post
CB1979
post Wed, 18 Sep 2019 - 19:15
Post #6


Member


Group: Members
Posts: 46
Joined: 30 Sep 2016
Member No.: 87,469



QUOTE (The Rookie @ Wed, 18 Sep 2019 - 18:51) *
It’s 2000Kg an the connect is over that.


yes, sorry correct, 2000 kg limit, and the connect is 2040kg ish (or so i was told).

I haven't gone on to plead online yet, @JLC does it give a place to put this paragraph or do i need to write to them?

QUOTE
where a penalty notice could not be offered or taken up for reasons unconnected with the offence
itself, such as administrative difficulties outside the control of the offender, the starting point
should be a fine equivalent to the amount of the penalty and no order of costs should be
imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in
these circumstances
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: Wednesday, 23rd October 2019 - 16:48
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.