[NIP Wizard] Speed awareness course not offered |
[NIP Wizard] Speed awareness course not offered |
Mon, 16 Aug 2010 - 21:24
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#1
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New Member Group: Members Posts: 1 Joined: 16 Aug 2010 Member No.: 39,843 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - June 2010 Date of the NIP: - 2 days after the offence Date you received the NIP: - 22 days after the offence Location of offence (exact location as it appears on the NIP: important): - A 2038 Hangleton, Hove 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? - 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 - The NIP could have arrived before 29/6/10 but we were away and hadn't picked up our post. It certainly wasn't sent by recorded delivery, it was left in our mailbox in the communal hall of our building and was sent by ordinary first-class or second-class mail (I'm afraid I no longer have the envelope though). Anyway, our van was photographed by a mobile speed camera doing 36mph in a 30mph zone (from the NIP I'm not sure exactly where it was photographed but I think it might have been where the hill in question is tricky because the speed limit changes quite suddenly from 50mph to 30mph when you're going downhill near the bottom of the hill). By the time we got the letter, we couldn't remember which of us was driving so we asked the police to send a photograph. When it arrived it was accompanied by a letter that said we might be offered a speed awareness course if we replied promptly confirming who the driver was. I wrote back to say we were 90% sure it was me (my partner and I are similar ages and both wear large sunglasses but we were reasonably sure it was me), and I asked if I could be offered the speed awareness course they referred to. I have never been on such a course before and have a squeaky clean driving licence. However, the reply I received was a conditional offer of a fixed penalty of £60 and 3 penalty points on my licence, and no speed awareness course was offered. I feel deceived! I am a law-abiding citizen and am feeling quite cross about the police heavy-handedness in this case. Is there anything I can do at least to get them to reconsider the speed awareness course? I would be very grateful for your advice. 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? - Unsure 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? - 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: Mon, 16 Aug 2010 21:24:49 +0000 |
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Mon, 16 Aug 2010 - 21:24
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Mon, 16 Aug 2010 - 21:26
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#2
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Unfortunately, there is no obligation to either offer a SAC, or for SACs to be available.
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Mon, 16 Aug 2010 - 21:51
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#3
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Member Group: Members Posts: 1,733 Joined: 12 Jul 2006 Member No.: 6,622 |
I wrote back to say we were 90% sure it was me (my partner and I are similar ages and both wear large sunglasses but we were reasonably sure it was me) This is probably the reason you were not offered the speed awareness course. Police forces are now looking at people putting things like this down as potentially trying to avoid punishment by playing some game. If you had admitted outright whom was driving then you would have probably got the course your answer left room for doubt and therefore offer was removed (as they are entitled to do.) |
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Mon, 16 Aug 2010 - 21:58
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#4
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
. Post edited.
This post has been edited by peterguk: Mon, 16 Aug 2010 - 22:35 -------------------- |
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Mon, 16 Aug 2010 - 22:31
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#5
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Member Group: Members Posts: 926 Joined: 9 Aug 2006 From: Staffordshire Member No.: 7,044 |
If a CoFP has been received, it appears the driver details were acceptable and a S172 charge is unlikely?
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Mon, 16 Aug 2010 - 22:34
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#6
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
If a CoFP has been received, it appears the driver details were acceptable and a S172 charge is unlikely? Thanks RL. If a CoFP has been received, it appears the driver details were acceptable and a S172 charge is unlikely? Thanks RL. Previous post edited. This post has been edited by peterguk: Mon, 16 Aug 2010 - 22:35 -------------------- |
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Tue, 17 Aug 2010 - 05:37
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#7
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
If the CoFP is accepted by the recipient, then probably no S172 charge will be bought, if its not, I'm sure it will be, otherwise that 10% doubt could be used as a defence.
Simon -------------------- 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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Tue, 17 Aug 2010 - 06:14
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#8
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Member Group: Members Posts: 7,686 Joined: 21 Dec 2004 From: ------------- Member No.: 2,073 |
Is there anything I can do at least to get them to reconsider the speed awareness course? Write to them and politely ask if they would reconsider allowing your attendance on a course, as they had intimated in previous correspondence. No harm can come from at least asking the question, but best write immediately as the 28 day suspended enforcement period of the CoFP will not be automatically extended or suspended simply because you have written a letter. This post has been edited by nemo: Tue, 17 Aug 2010 - 06:15 |
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