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Successful Unsigned, 6 Months + 28 Days have Passed
Itwasntmeofficer...
post Mon, 10 Jun 2019 - 15:53
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2019
Date of the NIP: - 1 days after the offence
Date you received the NIP: - 1 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A92 Glenrothes to New Inn Near to Balfarg Junction
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 - Was traveling along a 40mph road, that turns into a dual carriageway, this section has always been 50mph to my knowledge but its now (not sure for how long) a 40. So i was overtaking a slower vehicle as the road had now gone into two lanes, I saw the camera van, checked my speedo, i was just over 50 and carried on (still to my knowledge at this point i'm in a 50 zone. About 2meters after the speed van there are signs for NSL. Checked on google maps street view and you can clearly see the stretch is a 50 (but obviously i dont know how old those pictures are.

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? - Scotland

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.

    Depending on your circumstances, you may wish to consider completing the form, but returning it unsigned. By doing so there is a risk that you will be convicted under s172, which would attract 6 penalty points and a fine; in most cases this is likely to exceed the penalty for the speeding offence itself.

    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: Mon, 10 Jun 2019 15:53:14 +0000
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post Mon, 10 Jun 2019 - 15:53
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The Rookie
post Mon, 10 Jun 2019 - 16:13
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Google street view tells you the date it was updated bottom right!

At 56mph recorded you were within 1mph of action ion a 50 anyway which is cutting it a bit fine.

Have you been able to go back and check the 40mph signage?



--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Itwasntmeofficer...
post Mon, 10 Jun 2019 - 21:10
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QUOTE (The Rookie @ Mon, 10 Jun 2019 - 17:13) *
Google street view tells you the date it was updated bottom right!

At 56mph recorded you were within 1mph of action ion a 50 anyway which is cutting it a bit fine.

Have you been able to go back and check the 40mph signage?


Yeah went back, sign posted 40 a good bit before it turns to double track no speed signs on the actual two lane stretch apart from the NSL I mentioned basically about a 200m stretch of double lane then a NSL sign continuing for another 200/300m. So I'm guessing I can't argue that. Need to find out when it actually turned to 40.

Whats likely outcome, as 1st offence? And is unsigned still an option?
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Jlc
post Mon, 10 Jun 2019 - 21:42
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Fixed penalty 3 points £100.


--------------------
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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Itwasntmeofficer...
post Tue, 11 Jun 2019 - 13:54
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QUOTE (Jlc @ Mon, 10 Jun 2019 - 22:42) *
Fixed penalty 3 points £100.


think its better to just accept that if i get it offered, appeal regarding recent road speed change or send back unsigned.

Am i likely to get offered a driving awareness course?
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Fredd
post Tue, 11 Jun 2019 - 14:21
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QUOTE (Itwasntmeofficer66 @ Tue, 11 Jun 2019 - 14:54) *
Am i likely to get offered a driving awareness course?

No - Police Scotland doesn't offer them.

To answer your previous question, the situation with regard to going unsigned hasn't changed.


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Fredd

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Itwasntmeofficer...
post Sun, 9 Feb 2020 - 21:26
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Ok, can't find my OP, but want to share my story of going unsigned. And if it weren't for this forum, I'd have just complied, so thank You for help and advice, and laying out options.

So basically, I received NIP for going 56 in a 40 back on the 7th June 2019. I waited nearly 28 days and sent back the S172 filled in bit Unsigned..

A few weeks later I got sent back the same NIP filled in by me, with it highlighted that I need to sign it and send it back. I ignored this.

Around the 25th July, I got sent another NIP exact as before with S172 for me to fill in. As I was under the impression I had already done what was legally required of me, I just ignored this too.

Offence was allegedly committed 6th June 2019.

I had zero police at my door that I know of, ironically pulled over by the police for unrelated incidences in December details checked but no mention of this (thank god).

But now I hope I'm right in thinking enough time has passed now that this can go down as a successful outcome..

(Mods if you could find and link my OP about this, I tried but nothing is coming up in my profile)

This post has been edited by Itwasntmeofficer66: Sun, 9 Feb 2020 - 21:27
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southpaw82
post Sun, 9 Feb 2020 - 21:30
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This?


--------------------
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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Itwasntmeofficer...
post Sun, 9 Feb 2020 - 21:38
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QUOTE (southpaw82 @ Sun, 9 Feb 2020 - 21:30) *


Yeah that's the one thank you, for some reason it doesn't show in my profile for me
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Itwasntmeofficer...
post Sun, 9 Feb 2020 - 21:40
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UPDATE:

http://forums.pepipoo.com/index.php?showto...p;#entry1548953

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