Caught doing 79 in a 50 variable speed limit |
Caught doing 79 in a 50 variable speed limit |
Tue, 15 May 2018 - 18:43
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#1
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New Member Group: Members Posts: 5 Joined: 15 May 2018 Member No.: 97,971 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - May 2018 Date of the NIP: - 2 days after the offence Date you received the NIP: - 3 days after the offence Location of offence (exact location as it appears on the NIP: important): - M1, South Bound between Junction 26 and 25, Notts 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 - I can't say I specifically remember the incident! Was driving from Leeds to London, so lots of 50mph and 60mph variable limits, as well as some 50mph average speed check areas. I'm normally quite careful, but guess my luck has run out. The NIP states I was at a recorded speed of 79mph where the speed limit was 50mph. Any advice on what to expect / or what to do next will be appreciated. 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:
Generated by the PePiPoo NIP Wizard v3.3.2: Tue, 15 May 2018 18:43:29 +0000 This post has been edited by jezza2018: Tue, 15 May 2018 - 19:02 |
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Tue, 15 May 2018 - 18:43
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Tue, 15 May 2018 - 19:02
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#2
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
Too fast for any offer I’m afraid.
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Tue, 15 May 2018 - 19:47
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#3
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Indeed, that excess is the new band C, so a ban or 6 points, fine around 1 week's earnings, costs of £85 and surcharge of 10% of the fine (min £30). You will have to attend court in the county of the offence.
What to do next? Well you have to name the driver or face 6 points. You could ask for a photo to assist in the identification of the driver - more to perhaps confirm the speed/limit if they supply. However, motorway systems are very reliable. -------------------- 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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Tue, 15 May 2018 - 20:30
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#4
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
You will have to attend court in the county of the offence. There's nothing to stop the OP asking for the matter to be transferred to a local court. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 16 May 2018 - 07:39
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#5
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New Member Group: Members Posts: 5 Joined: 15 May 2018 Member No.: 97,971 |
OK, that is much as I expected, thank you.
Is there any point writing a letter when returning the Driver Information form saying that I regret this poor driving, that it is out of character and that I have had a licence for 20+ years without any points or driving offences? |
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Wed, 16 May 2018 - 07:43
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#6
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Is there any point writing a letter when returning the Driver Information form saying that I regret this poor driving, that it is out of character and that I have had a licence for 20+ years without any points or driving offences? Frankly, no. That would be for court but as they'll be following the sentencing guidelines closely anyway it will have little effect there either. -------------------- 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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Mon, 21 May 2018 - 19:28
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#7
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New Member Group: Members Posts: 5 Joined: 15 May 2018 Member No.: 97,971 |
This has just got worse: I have just received another NIP, this time for doing 92 in a 70mph, timed about an hour before the initial NIP detailed above.
This one is from West Yorkshire Police. Would it help me to somehow get the two matters dealt with together? Or perhaps not? Am I likely to be banned from driving? If so, for how long? Should I get legal advice or am I better just writing or saying in Court how sorry I am and that I will not happen again etc. and to hope for the best? This is genuinely the first time I have ever been caught speeding or for any other offence in over 20 years of driving. |
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Mon, 21 May 2018 - 19:49
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#8
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Won’t help to get them dealt with together, no.
92 in a 70 will be a fixed penalty of 3 points and £100, you can get that settled and out the way before the court case for the other one, your likley to end up on 9 points nd driving like Miss Daisy is in the back for the next 3 years as you’ll risk a totting 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 10-0 PPC's |
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Mon, 21 May 2018 - 20:01
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#9
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
For 92mph in a 70 limit you should be offered a Fixed Penalty (£100 and three points). You do not want that matter dealt with in court as the penalty will be considerably higher. Just deal with the matter by naming yourself as driver and let nature take its course. The offer of a fixed penalty will probably be made well before you receive notification of the court proceedings (which will almost certainly be done under the"Single Justice" process) for the other matter.
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Tue, 22 May 2018 - 06:40
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#10
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New Member Group: Members Posts: 5 Joined: 15 May 2018 Member No.: 97,971 |
Thank you for all these helpful replies. I will send back the NIP's and will try to keep the thread updated.
Stay safe! |
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Fri, 11 Jan 2019 - 10:44
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#11
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New Member Group: Members Posts: 5 Joined: 15 May 2018 Member No.: 97,971 |
I just wanted to update this thread with the outcome:
For the 92mph in 70, I received a fixed penalty of £100 and 3 points. For the 79mph in 50, whilst I’d returned the NIP back in May, I hadn’t heard anything and at the beginning of Nov, I started to hope I’d somehow got away with that one … ... Alas not, on 12 Nov, exactly 6 months after the incident, I received the charge papers, which had been issued on 9 Nov, 3 days before the end of the 6 months deadline. Quite why Notts Police waited this long, I don’t know: maybe it’s just incompetence, possibly they quite deliberately wait until just before the deadline or perhaps it is the sheer volume of drivers who are getting caught? I pleaded guilty and wrote a letter of mitigation, saying that I take full responsibility, regret my actions, that I’d already been fined £100 and had 3 points for an incident minutes before. I’d also looked at the Sentencing Guidelines and pointed out that there were no aggravating factors (the road was clear, I don’t have any previous convictions, I plead guilty and co-operated with police etc.) This was all submitted online (and it just goes to show, that when it comes to collecting fines, the government’s IT systems can be very efficient) and I got an email a couple of weeks later saying I was fined £260 and given another 4 points. So all in all, after never having any points or fines in 25 years of driving, one journey on the M1 had cost me £360 and 7 points. Lesson learnt to be careful on the “smart motorways” because the HASDECS cameras are not obvious. This forum has been an invaluable help – so thank you all. Stay safe on the roads! |
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Fri, 11 Jan 2019 - 10:53
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#12
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Thanks for reporting back. If it's any consolation 4 points is below the sentencing guidelines. (But they are only guidelines so perhaps your explanation was considered)
So all in all, after never having any points or fines in 25 years of driving, one journey on the M1 had cost me £360 and 7 points. Around £14/year - so not so bad... Double-check when you need to advise your insurer. -------------------- 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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Fri, 11 Jan 2019 - 11:06
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#13
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Quite why Notts Police waited this long, I don’t know: maybe it’s just incompetence, possibly they quite deliberately wait until just before the deadline Its quite normal for all force areas for the paperwork to be raised tantalisingly close to the 6 months. 4 months is a very good result, it sounds like the judge misread the limit as 60 not 50 to be honest as its well outside sentencing guidelines! At least you have one 3 point life left...... -------------------- 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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