[NIP Wizard] NIP Recieved - M5 Southbound |
[NIP Wizard] NIP Recieved - M5 Southbound |
Fri, 11 Jan 2019 - 11:01
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#1
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Member Group: Members Posts: 32 Joined: 9 Jun 2006 Member No.: 6,064 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - December 2018 Date of the NIP: - 30 days after the offence Date you received the NIP: - 33 days after the offence Location of offence (exact location as it appears on the NIP: important): - M5 5 to 6 Southbound (H), United Kingdom Was the NIP addressed to you? - Yes Was the NIP sent by first class post, second class or recorded delivery? - Not known If your are not the Registered Keeper, what is your relationship to the vehicle? - Contract Lease 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 - 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? - No As you were not responsible for the vehicle, somebody else has named you as the driver. 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: Fri, 11 Jan 2019 11:01:31 +0000 |
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Fri, 11 Jan 2019 - 11:01
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Fri, 11 Jan 2019 - 11:03
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#2
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Alledged speed? Limit?
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Fri, 11 Jan 2019 - 11:12
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#3
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Member Group: Members Posts: 56,199 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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? - No Just to clarify, 'Keeper' is not legally defined but it's the person who would normally 'have the keys', so is that still a No? Any questions? -------------------- 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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Fri, 11 Jan 2019 - 11:17
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#4
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Member Group: Members Posts: 32 Joined: 9 Jun 2006 Member No.: 6,064 |
Recorded speed 95mph on motorway speed limit 70mph
The vehicle is contract lease, so I am not the owner, but I am responsible for the vehicle, so I guess the answer to the Keeper question could be yes, as I have the keys. |
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Fri, 11 Jan 2019 - 11:23
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#5
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
That excess should just qualify for a 3 points £100 fixed penalty.
1 mph faster would have been dealt with at court... -------------------- 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 - 11:25
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#6
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Member Group: Members Posts: 32 Joined: 9 Jun 2006 Member No.: 6,064 |
I have been offered 3 pts & £100 fine.
I have also requested camera serial number to confirm valid calibration certificate. |
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Fri, 11 Jan 2019 - 11:29
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#7
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Member Group: Members Posts: 1,547 Joined: 17 May 2010 Member No.: 37,614 |
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Fri, 11 Jan 2019 - 12:00
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#8
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Member Group: Members Posts: 32 Joined: 9 Jun 2006 Member No.: 6,064 |
Surely, if the cert has expired the NIP cannot be enforced.
Although, I am aware that the chances of the cert being expired are extremely slim... |
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Fri, 11 Jan 2019 - 12:11
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#9
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Surely, if the cert has expired the NIP cannot be enforced. A mechanical device (certified or otherwise) is presumed to be operating correctly unless proven otherwise. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 11 Jan 2019 - 12:27
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#10
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
Surely, if the cert has expired the NIP cannot be enforced. Although, I am aware that the chances of the cert being expired are extremely slim... Out of curiousity, where did you get the idea to request this? I'd just like to confirm my long-standing view that Facebook is the Devil's spawn. --Churchmouse |
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Fri, 11 Jan 2019 - 12:39
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#11
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Member Group: Members Posts: 32 Joined: 9 Jun 2006 Member No.: 6,064 |
A colleague suggested it..
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Fri, 11 Jan 2019 - 12:44
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#12
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 11:27 |