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[NIP Wizard] Help Needed!
plater_699
post Sat, 27 Jul 2019 - 13:00
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2019
Date of the NIP: - 86 days after the offence
Date you received the NIP: - 88 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A66 Kirkby Thore travelling west, 363519 525329 UK
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? - I was delivering it
How many current points do you have? - 3
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 -

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
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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: Sat, 27 Jul 2019 13:00:30 +0000
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post Sat, 27 Jul 2019 - 13:00
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NewJudge
post Sat, 27 Jul 2019 - 13:28
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What help do you need?

You need to respond to the request for driver's details by naming yourself as driver. Depending on the speed alleged and the limit you will then either:

(1) Be offered a Speed Awareness Course (provided you have not done one for an offence which occurred in the three years prior to this one), OR

(2) Be offered a Fixed Penalty (£100 and three points), OR

(3) See the matter referred to court (which you will probably not hear about until about six months from the date of the offence).

If you accept you committed the offence and are offered (1) or (2) they will be far and away cheaper than (3).

Tell us the speed and limit and we can tell you in which way your matter is likely to be handled.
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Logician
post Sat, 27 Jul 2019 - 14:39
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Lose no time in responding and naming yourself as the driver because if you are within the band to be offered a course, they will only do so if there is sufficient time before the 6 month time limit for prosecution from the date of the offence, and you are already too close by some criteria, but they should cut you some slack as you have only just received the NIP.


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plater_699
post Sun, 25 Aug 2019 - 09:29
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Thanks for your replies. I have named my self as the driver. I am not eligible for a speed awareness course.

This was a mobile device set up by the side of the road. Can I plead not guilty and make the police show evidence that the device they were using had been recently calibrated?

Thanks smile.gif
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gilan02
post Sun, 25 Aug 2019 - 10:09
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QUOTE (plater_699 @ Sun, 25 Aug 2019 - 10:29) *
Can I plead not guilty and make the police show evidence that the device they were using had been recently calibrated?

Thanks smile.gif

You can but it will probably cost you the thick end of a grand. An out of date calibration certificate does not prevent you being found guilty.
What was the speed and limit?
Why do you think you are not eligible for a course?
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