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FightBack Forums > Queries > Speeding and other Criminal Offences
Skegyuk
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2015
Date of the NIP: - 1 days after the offence
Date you received the NIP: - 3 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M25 Epping nr m/post 5563A clockwise
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 - Driving back from airport after work trip. Both me and the wife are insured on the car. Any help much appreciated!

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? - 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: Wed, 08 Jul 2015 18:27:20 +0000
Spenny
Any specific questions?

Don't tell porkies, likely to end up in more trouble than a potential ban, don't try for the confusion over who was driving for example when you know who was driving. Assuming you don't dispute the speed this must end up in court. Possible ban, lots of points. When it comes to court it is likely that the best strategy will be grovelling apology and remorse and no excuses, but it is likely to be 6 months or so before it goes to court. You can plead guilty by post and if they want to ban you then you can then turn up in court. There is a theory that this gives you two opportunities to plead.

Any other points on your licence?

Drive like a nun from now on, any more points on your licence and it will make your court appearance much more likely to go badly.
peterguk
QUOTE (Skegyuk @ Wed, 8 Jul 2015 - 19:27) *
Were you driving? - Yes


So simply name yourself as the driver and await summons sometime in next 6 months.
Jlc
6 points the likely outcome, although a short ban possible:



33% discount for a guilty plea, costs of £85, criminal court charge of £150 and surcharge (10% of the fine).
Skegyuk
Hi,

Thanks I will retuen the form this week!

I do have three points from 15 month ago (using a phone)

Is it worth me seeking legal help?

Thanks for your help!
Jlc
QUOTE (Skegyuk @ Wed, 8 Jul 2015 - 19:52) *
Is it worth me seeking legal help?

To do what?
Skegyuk
Well I have little to no legal knowledge just want to make sure I have the best chance in court! Not sure if taking a lawyer makes it look worse?
Jlc
If you are planning to plead guilty then there's no need for a solicitor. Or?
Skegyuk
Fair enough! I will plead guilty and see it out.

Thanks again.
The Rookie
If pleading guilty it is very unlikely that a solicitor will save you much if anything, unlikely it will be enough to cover his costs.
Skegyuk
BTW heard back about this:

Offence dates

Offence date: 24 Jun 2015
Expiry date: 24 Jun 2018
Removal date: 24 Jun 2019
Offence details

SP50: Exceeding speed limit on a motorway
Penalty points: 6
Fine: £440.00
Court/Fixed penalty office

North Essex Magistrates’ Court
Logician
Is that actually the fine or the total amount you have to pay including surcharge and costs?
NewJudge
£440 is the guideline fine for a not guilty plea (or no plea) with no information on the defendant's means. Are you sure they received your guilty plea?
Skegyuk
Hi,

Yes they did receive my guilty plea, I think there was another 150 on top for costs etc.
Logician
That would be the guideline fine a) if your net weekly income was £660, or b) you did not supply income details (or they were lost) and the court either failed to deduct a discount for your guilty plea or decided to increase the fine above the guideline for some reason. If b) applies you could ask the court to re-open your case and adjust the fine under s.142 Magistrates Courts Act 1980 if you supplied income details of an income below £660 per week.
Skegyuk
Hey,

Thanks for clarifying, I think I put my net down as £790 but I live in a single income household so my expenditure is quite large, do you think that affected it?

Is this a small or large fine for the offence?
Jlc
That excess is a band B fine which is guidelines 75% to 125% of income.

So assuming 100% and discount it would be (790 x 66%) + £85 (costs) + £52 (surcharge) = £662 total.

The £440 would exclude the costs and surcharge but appears to be on the lower end of the scale.
Logician
Your expenditure is very unlikely to have affected the fine calculation, I think you got a fine slightly lower than you might expect. Just 9 mph slower and you would have got a fixed penalty of £100 + 3 points, so perhaps they decided to be lenient. The full range of penalties apply over rather a short range of speeds at that level.
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