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[NIP Wizard] NIP before enforcement.
Tiny63
post Fri, 27 Apr 2018 - 00:56
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 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): - M4 Port Talbot E/B
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? - 6
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 received a NIP stating that I was doing an average speed of 61mph in a 50mph zone at 4.05am on Sun 22nd Apr. Can I be prosecuted for this even though the speed cameras and enforcement didn't actually come into force until Mon 23rd Apr?

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: Fri, 27 Apr 2018 00:56:22 +0000
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post Fri, 27 Apr 2018 - 00:56
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The Rookie
post Fri, 27 Apr 2018 - 05:29
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From: Warwickshire
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What do you mean by ‘they didn’t come into force’ ? Ignoring that enforcement clearly did start before the 23rd, otherwise you wouldn’t have a NIP!

There was a speed limit, if you broke a legally enforceable speed limit the, yes, of course you can be prosecuted.

This post has been edited by The Rookie: Fri, 27 Apr 2018 - 05:29


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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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NewJudge
post Fri, 27 Apr 2018 - 10:06
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Regardless of the validity of the speeding allegation, the request for driver's details must be met. If you fail to respond (even if you are right about the speed limit not being in force) you will commit a separate offence which will mean a court appearance, six points, a hefty fine and insurance grief for a number of years. This is particularly pertinent to you because, with six points already, it will make you liable to a "totting up" ban. If the speeding offence is valid you should be offered a Speed Awareness Course (provided you have not done one for an offence committed within the previous three years). Failing that, a fixed penalty (£100 and three points) should be offered.

This post has been edited by NewJudge: Fri, 27 Apr 2018 - 10:12
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Jlc
post Fri, 27 Apr 2018 - 11:27
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The only 'exclusion' I could think of would be a new traffic order that reduced the limit from a given day and it was enforced prior to becoming effective.


--------------------
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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