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[NIP Wizard] 93mph, M62 junctions 28-27 westbound
M62speeding
post Wed, 6 Jun 2018 - 17:41
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 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): - M62, between junctions 28 & 27 westbound. United Kingdom
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? - 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 - Speeding at 93mph on motorway. Don’t remember seeing signs for fixed speeding cameras only variable speed cameras. Most likely I was driving the car but possibly was my wife.

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? - Unsure
Do you know who was driving? - Unsure who was driving

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: Wed, 06 Jun 2018 17:25:52 +0000

Hi,

Regarding the above it was just me and my wife in the car and the kids in the back. So only 2 possible drivers.
Most likely I was driving but there is always the chance that might wife was at the wheel.
Do I have any leg to stand on here? If I reply I don’t know who was driving will they accept that if it is only a possibility of me or my wife?
Thanks for your help.

P.s the pictures are dark and blurry and do not show the driver.
It was in the middle of the night.
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post Wed, 6 Jun 2018 - 17:41
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Jlc
post Wed, 6 Jun 2018 - 18:09
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QUOTE (M62speeding @ Wed, 6 Jun 2018 - 18:41) *
If I reply I don’t know who was driving will they accept that if it is only a possibility of me or my wife?

If you do that they you will be summoned to court for a separate charge for failing to identify the driver.

There is a statutory defence if you can convince the court that you did not know who was driving and could not identify them with reasonable diligence. Failure, will see a large fine and 6 points. It's not impossible but the bench will be sceptical.

Assuming the limit was 70mph (including the variable signs not displaying anything) then that excess should see a 3 points £100 fixed penalty. If the limit was lower then the matter would have to be dealt with at court anyway.

This post has been edited by Jlc: Wed, 6 Jun 2018 - 18:09


--------------------
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.
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NewJudge
post Wed, 6 Jun 2018 - 18:23
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QUOTE (M62speeding @ Wed, 6 Jun 2018 - 18:35) *
If I reply I don’t know who was driving will they accept that if it is only a possibility of me or my wife?

No.

If you reply to that effect you will face a charge of "Failing to provide driver's details". Upon conviction this carries six points, a hefty fine and insurance grief for a number of years. To avoid conviction you have to show that you did not know who was driving and could not, having exercised "reasonable diligence". establish who was. It is a difficult defence to run (though not impossible to succeed with) but turning up and saying "dunno who was driving" will not do.

You need to make every effort to establish who was driving and nominate that person unequivocally. Whilst it is an offence to nominate a person whom you know was not driving it is not an offence to name the person whom you believe to be the most likely to have been so. You may decide that is the most pragmatic course of action.

The speeding offence is too fast for a course but (providing the prevailing limit was 70mph) it should result in the offer of a fixed penalty (£100 and three points).
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666
post Wed, 6 Jun 2018 - 19:02
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Regarding signs, you may well have been caught by one of the variable speed camera. In any case, no signs are necessary in law.



This post has been edited by 666: Wed, 6 Jun 2018 - 19:03
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The Rookie
post Wed, 6 Jun 2018 - 19:05
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Realistically how likely is it your wife was driving? Is she in the habit of doing that speed? (Statistically men are more likely to speed towards the higher end than women).

Or did you think it was an easy way out?



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M62speeding
post Wed, 6 Jun 2018 - 20:26
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Really appreciate all your responses.
So it’s off the table that I don’t know who was driving as most likely it was me and I was looking for an easy way out.
My question is why do you all mention 3 points and £100 fine. Online the penalty for speeding 93 on a 70 is 4-6 points, 1 weeks wages and possible ban for 7-28 days.
Is this wrong?
Please remember I have already done the course once and have 3 points.

Thank you again
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NewJudge
post Wed, 6 Jun 2018 - 20:37
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QUOTE (M62speeding @ Wed, 6 Jun 2018 - 21:26) *
My question is why do you all mention 3 points and £100 fine. Online the penalty for speeding 93 on a 70 is 4-6 points, 1 weeks wages and possible ban for 7-28 days.
Is this wrong?
Please remember I have already done the course once and have 3 points.

Thank you again

Because, unless you have nine or more points, for speeds up to 95mph in a 70mph limit a fixed penalty will be offered. The figures you quote are from the Magistrates' sentencing guidelines and would only apply if you declined the fixed penalty and took the matter to court. The fact that you have done a course has no bearing on the matter.
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M62speeding
post Wed, 6 Jun 2018 - 20:49
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Thank you,
So to be clear all I am looking at is 3 points and £100 fixed penalty?? I was expecting much more.
If that’s the case it is really no point in taking any risks.
Thank you again.

This post has been edited by M62speeding: Wed, 6 Jun 2018 - 20:49
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Jlc
post Wed, 6 Jun 2018 - 20:51
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Indeed - if you want to go to court then you need to be going a little bit faster wink.gif


--------------------
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.
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