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FightBack Forums _ Speeding and other Criminal Offences _ Caught Speeding -NIP received - advise on outcome needed

Posted by: Eric68 Mon, 8 Oct 2018 - 16:33
Post #1423355

Hello,

I have just been caught speeding and had a NIP through.

It was 60mph in a 40mph limit.

Can anyone advise what the outcome will be?

I have read so much online and all seem to apply to going to court. Will I go to court in this case?

Any help or advise welcomed.

Thank you.

Posted by: The Slithy Tove Mon, 8 Oct 2018 - 16:37
Post #1423357

Read this from another thread: http://forums.pepipoo.com/index.php?s=&showtopic=123227&view=findpost&p=1422925

Posted by: Jlc Mon, 8 Oct 2018 - 16:41
Post #1423359

Indeed, for those who don’t want to click it’s a 3 point £100 offer in the normal run of things.

Posted by: Logician Mon, 8 Oct 2018 - 16:51
Post #1423362

QUOTE (Eric68 @ Mon, 8 Oct 2018 - 17:33) *
Hello, I have just been caught speeding and had a NIP through. It was 60mph in a 40mph limit. Can anyone advise what the outcome will be? I have read so much online and all seem to apply to going to court. Will I go to court in this case? Any help or advise welcomed. Thank you.


Too fast for a course, too slow for court but a fixed penalty will be just right.


Posted by: Eric68 Mon, 8 Oct 2018 - 18:45
Post #1423383

Wow that’s for all your quick replies.

It’s much appreciated and a weight off.

Thanks again.

Posted by: Eric68 Wed, 10 Oct 2018 - 14:36
Post #1423841

Does anyone know what the speed would be to go to court out of interest?

Thanks.

Posted by: The Rookie Wed, 10 Oct 2018 - 14:40
Post #1423844

A reading of 66 and up in a 40 limit. A fixed penalty would normally be offered for a reading of 65mph.

Posted by: Eric68 Wed, 10 Oct 2018 - 14:51
Post #1423847

Thanks for the above. I’ve read so much.

It says you can get 3 points in a court. I’m just wondering how you go to court if you’re within the boundaries of fixed penalty?

The Section 172 has been sent back saying was me etc.

Not heard anything else yet.

Panicking a little as everyone keeps telling me it will be more than 3 points and possibly a fine.

This is why I came to you all on this site. I wasn’t driving dangerously or reckless etc.

Posted by: The Rookie Wed, 10 Oct 2018 - 15:02
Post #1423853

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 15:51) *
It says you can get 3 points in a court. I’m just wondering how you go to court if you’re within the boundaries of fixed penalty?

By not accepting (complying with the conditions by paying and submitting your licence) it, by your driver nomination being so late they can't issue one without your case timing out, by it going missing (one way or the other) in the post. Those are the three most common.

Posted by: NeverMind Wed, 10 Oct 2018 - 15:04
Post #1423856

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 15:51) *
It says you can get 3 points in a court. I’m just wondering how you go to court if you’re within the boundaries of fixed penalty?


It can and does happen. For example:

- By opting for court because you want to plead not-guilty
- By ignoring the fixed penalty offer
- By failing to meet all the conditions of the fixed penalty (like sending in your licence)

- plus many more I probably haven't thought of!

Posted by: Eric68 Wed, 10 Oct 2018 - 15:07
Post #1423858

Ok.

It happened on 30/09. Nip received on 6/10. Sent back on 6/10.

Just waiting on it to come in my name.

I’ve not done anything reckless or not normal.

Why would all the new text online suggest fines that are a percentage of your wage for the speed I was doing if I’m in the FPN bracket?


Posted by: 666 Wed, 10 Oct 2018 - 15:07
Post #1423859

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 15:51) *
Thanks for the above. I’ve read so much.

It says you can get 3 points in a court. I’m just wondering how you go to court if you’re within the boundaries of fixed penalty?


Simple. Refuse or don't respond to the fixed penalty offer, and a summons (or Single Justice Procedure Notice) will follow in due course, probably near the 6-month limit from the offence date.

If you then plead guilty, the fine will be higher than the fixed penalty (income-related) and you will also face costs (£85) and a victim surcharge (10% of fine, min £30).

If you plead NG and are then found guilty, the costs will be higher (possibly £600+).

Posted by: peterguk Wed, 10 Oct 2018 - 15:08
Post #1423860

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 15:51) *
and possibly a fine.


A CoFP (fixed penalty) for speeding will always, not possibly, include a fine - £100.

Posted by: Eric68 Wed, 10 Oct 2018 - 15:17
Post #1423862

Ok so I’m waiting on that letter next then? The one that will detail the punishment?

I’ve only had a letter saying 60 in 40 was it me which ive sent off.

Posted by: peterguk Wed, 10 Oct 2018 - 15:31
Post #1423867

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 16:17) *
Ok so I’m waiting on that letter next then? The one that will detail the punishment?

I’ve only had a letter saying 60 in 40 was it me which ive sent off.


Yes. Expect a CoFP in the next few weeks.

Posted by: Eric68 Wed, 10 Oct 2018 - 15:36
Post #1423869

Ok and no stories of court summons at the speed?

Thanks again.

Posted by: peterguk Wed, 10 Oct 2018 - 15:38
Post #1423870

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 16:36) *
Thanks again.

Ok and no stories of court summons at the speed?

Thanks again.


Plenty of stories.

Expect a CoFP. Do exactly as it says - pay fine AND send your DL and there's no reason why you should see court.

Posted by: Eric68 Wed, 10 Oct 2018 - 15:42
Post #1423872

Ok hopefully I won’t be one of those stories.

Just was concerned as was 20mph over the limit.

I’ll take a fixed penalty and £100 and a hard lesson learnt.

The guidelines really aren’t clear online. All indicated to court and fines if guilty.

Posted by: 666 Wed, 10 Oct 2018 - 15:54
Post #1423877

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 16:42) *
Ok hopefully I won’t be one of those stories.

Just was concerned as was 20mph over the limit.

I’ll take a fixed penalty and £100 and a hard lesson learnt.

The guidelines really aren’t clear online. All indicated to court and fines if guilty.


OK. The ACPO guidelines, which police in England and Wales generally follow closely, are here http://library.college.police.uk/docs/appref/ACPO-Speed-Enforcement-Guidance.pdf

Posted by: Eric68 Wed, 10 Oct 2018 - 16:10
Post #1423882

Thanks for this.

I have seen this. My issues is the part on the table where is says “summons for all other and above”

Well my speed is “other”

That’s what I’m worried about.

Posted by: peterguk Wed, 10 Oct 2018 - 16:18
Post #1423885

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 17:10) *
Thanks for this.

I have seen this. My issues is the part on the table where is says “summons for all other and above”

Well my speed is “other”

That’s what I’m worried about.


You were told of the likely outcome in the first two replies to your first post.

Chill out and wait for the CoFP.

Posted by: Churchmouse Wed, 10 Oct 2018 - 16:23
Post #1423889

QUOTE (666 @ Wed, 10 Oct 2018 - 16:54) *
QUOTE (Eric68 @ Wed, 10 Oct 2018 - 16:42) *
Ok hopefully I won’t be one of those stories.

Just was concerned as was 20mph over the limit.

I’ll take a fixed penalty and £100 and a hard lesson learnt.

The guidelines really aren’t clear online. All indicated to court and fines if guilty.


OK. The ACPO guidelines, which police in England and Wales generally follow closely, are here http://library.college.police.uk/docs/appref/ACPO-Speed-Enforcement-Guidance.pdf

ACPO doesn't exist any more, and those guidelines are outdated anyway, but probably still accurate. Many police forces also have the same information on their websites.

--Churchmouse

Posted by: Slapdash Wed, 10 Oct 2018 - 16:37
Post #1423896

I don't really see how the guidance in section 9.6 is in any was unclear about policy of when to offer a course and a fixed penalty. Though the force issuing the nip would be an accurate place to look.

I do understand your confusion. I am sure it is quite easy to become fixated on a court appearance and every online article (eg that of the RAC) is so poorly written.

As was mentioned do read carefully to ensure you make payment and send your licence. Also ensure you make contact as requested if you dont get your licence back in the promised timefram just in case something has gone amiss.

An example which might help put your mind at rest

https://www.avonandsomerset.police.uk/147619-speed-enforcement-guidelines

Posted by: 666 Wed, 10 Oct 2018 - 16:48
Post #1423903

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 17:10) *
Thanks for this.

I have seen this. My issues is the part on the table where is says “summons for all other and above”

Well my speed is “other”

That’s what I’m worried about.


I thought your speed was 60, not "other"!

Court summons start at 66, so you'll be offered a fixed penalty.

Posted by: Eric68 Wed, 10 Oct 2018 - 17:12
Post #1423921

My speed was 60.

The table says upto 56. Then the far right hand says 66 and above but all other cases. I’m over the 56 but under the 66.

I hope that makes sense.

You’re right there is so much to read.

Posted by: peterguk Wed, 10 Oct 2018 - 17:16
Post #1423924

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 18:12) *
I hope that makes sense.


You've told us your speed. You've told us the limit. We've told you the likely outcome. That's all that matters.

Posted by: Eric68 Wed, 10 Oct 2018 - 17:17
Post #1423925

QUOTE (Slapdash @ Wed, 10 Oct 2018 - 17:37) *
I don't really see how the guidance in section 9.6 is in any was unclear about policy of when to offer a course and a fixed penalty. Though the force issuing the nip would be an accurate place to look.

I do understand your confusion. I am sure it is quite easy to become fixated on a court appearance and every online article (eg that of the RAC) is so poorly written.

As was mentioned do read carefully to ensure you make payment and send your licence. Also ensure you make contact as requested if you dont get your licence back in the promised timefram just in case something has gone amiss.

An example which might help put your mind at rest

https://www.avonandsomerset.police.uk/147619-speed-enforcement-guidelines



That link is helpful. Thanks.

Posted by: Logician Wed, 10 Oct 2018 - 22:56
Post #1424048

QUOTE (Eric68 @ Wed, 10 Oct 2018 - 18:12) *
My speed was 60. The table says upto 56. Then the far right hand says 66 and above but all other cases. I’m over the 56 but under the 66. I hope that makes sense. You’re right there is so much to read.


It is not very clear and you have to read it bearing in mind the statement above, that the various sanctions come in at the speeds indicated. So on the 40 limit line, a fixed penalty comes in at 46 when a course is not appropriate, a course may be given up to 53, and it goes to court at 66. Your speed was 60, so you are above the level for a course but below the level for court, so it is a fixed penalty offer for you.


Posted by: Eric68 Thu, 11 Oct 2018 - 21:11
Post #1424366

Thanks for your reply.

I was reading it wrong and worrying myself.

It was the wording at the top of the chart. In all other cases and above.

Posted by: Eric68 Thu, 18 Oct 2018 - 21:12
Post #1426504

Hello again.

Still haven’t had the fixed penalty through. How long does it take from sending back the NIP/ Section 172?

Thanks.

Posted by: Logician Thu, 18 Oct 2018 - 23:45
Post #1426560

Like any office processing any work, it depends on the workload and staff availability, there is no set time and it is very early days, try to chill a little!

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