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[NIP Wizard] Just above "Speed Awareness" Threshold
jrb43
post Sun, 24 Jan 2010 - 00:03
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2010
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A52 Bingham (Bypass) Notts
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 - offence of "Excess Speed in 60mph limit ACD"
Recorded Speed 73mph

Suspect this was average speed cams, knowing the area. Empty road, 1942 in the evening (therefore dark).

Nottingham apparently offer Speed Awareness in place of points for +10% +6mph but I'm 1mph above this! Is there any way I can plead to do the speed awareness course (and hence avoid the points)? This is a first offence, 15yrs driving experience.


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: Sun, 24 Jan 2010 00:03:34 +0000
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post Sun, 24 Jan 2010 - 00:03
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glasgow_bhoy
post Sun, 24 Jan 2010 - 01:48
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Its unlikely you will get an SAC as your over the guidelines.
Also many areas only give them in 30/40 zones

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kdes24
post Sun, 24 Jan 2010 - 14:08
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is this of any relevance ? - seems to suggest there could be a driver improvement course for above 10%+6

Speed awareness - Police officer enforcement.

A police officer who witnesses an offence is in a much better position to decide whether a course of instruction is appropriate than is a decision-maker viewing camera photograph. For this reason it is accepted that:

Any offender could be offered speed diversion if the speed was within the criteria 10%+2 to 10%+6 (same as speed camera). The officer could be using a speed detection device or a safety camera in this circumstance; the important issue is the witnessing of the offence and surrounding conditions.

If the offender was driving at speeds above the speed diversion limit of 10%+6, the offence was observed by a police officer and that officer is satisfied that it is poor driving behaviour rather than a persistent violator, then the offender could be offered a Driver Improvement Course. Such offenders should not be sent on a national speed awareness course. (This would not stop a force sending those over the 10%+6 to a specific course provided outside of this national course, or on a course agreed by N-DORS as a specific project)


full doc here - http://www.ukmotorists.com/awareness_course.asp (above pararaph is about 1/2 way down)

This post has been edited by kdes24: Sun, 24 Jan 2010 - 14:10
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Hotel Oscar 87
post Mon, 25 Jan 2010 - 00:43
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QUOTE (kdes24 @ Sun, 24 Jan 2010 - 14:08) *
is this of any relevance ? - seems to suggest there could be a driver improvement course for above 10%+6

Speed awareness - Police officer enforcement.

A police officer who witnesses an offence is in a much better position to decide whether a course of instruction is appropriate than is a decision-maker viewing camera photograph. For this reason it is accepted that:

Any offender could be offered speed diversion if the speed was within the criteria 10%+2 to 10%+6 (same as speed camera). The officer could be using a speed detection device or a safety camera in this circumstance; the important issue is the witnessing of the offence and surrounding conditions.

If the offender was driving at speeds above the speed diversion limit of 10%+6, the offence was observed by a police officer and that officer is satisfied that it is poor driving behaviour rather than a persistent violator, then the offender could be offered a Driver Improvement Course. Such offenders should not be sent on a national speed awareness course. (This would not stop a force sending those over the 10%+6 to a specific course provided outside of this national course, or on a course agreed by N-DORS as a specific project)


full doc here - http://www.ukmotorists.com/awareness_course.asp (above pararaph is about 1/2 way down)

Given that the OP's case almost certainly arises from the SPECS system then the decisive element of the above (the witnessing of the offence by an officer) would not seemed to have been fulfilled. Driver Improvement Courses are typically 1.5 days long and are considerably more expensive than SAC's (both financially and in terms of time).

In addition, as the OP appears not to have any points at present the impact of a single 3-point hit on his insurance is unlikely to be significant - if anything at all - compared with the likely £150-£200 cost of attending a DIC.


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Ocelot
post Mon, 25 Jan 2010 - 13:27
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I understand they are not obliged to offer someone a SAC, even if they are eligible. Some forces don't offer them at all. It is pot luck to a certain extent, so I suspect there is little you can do, although it wouldn't harm in requesting one and see what they say.
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