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FightBack Forums > Queries > Speeding and other Criminal Offences
Johnnybegood
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2015
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 17 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Gillingstool Thornbury S.Glos UNITED KINGDOM
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? - DRIVER
How many current points do you have? - 9
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 - 37 IN A 30

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: Wed, 07 Oct 2015 16:15:57 +0000
Mat_Shamus
Any questions?
AntonyMMM
have you been on a Speed Awareness Course in the past 3 years ?

If you have you will be going to court - the inevitable 3 points ( unless you have a defence) will get you a 6 month totting ban.

To avoid that you need to make an exceptional hardship argument. Concentrate on the effects a ban would have on others , not yourself.
southpaw82
If you accumulate 12 or more points within a three year period (measured offence date to offence date) you are liable to be banned for at least six months. This can be reduced or avoided if the court finds that a ban would cause exceptional hardship.

Have you done a speed awareness course in the last three years?
Johnnybegood
hi

i have a NIP for doing 37 in a 30
hands up-3 points-undisputed
takes me to 12-other 9 points were for similar 'just over the limit' offences
any point sending in a covering letter at NIP stage or just elect to go to court and do nothing more?
Could i be offered a speed course instead of the 3 points to take me to 12?
or shall i just go to court and argue under exceptional hardship
is there any interim course of action i should take?
any advice gratefully accepted
thanks
southpaw82
One case, one thread.
Jlc
The awareness course will save you a visit to court if you haven't done one in the last 3 years.
Johnnybegood
Hi
Thanks all for your help
I have been on a SAC but I can't remember whether it was within 3 years
ie it was about 3 years ago
How can I check this it will it automatically be cross referenced when I send my NIP in ?
The Rookie
They will check, but three years ago was just about the time the national scheme was rolling out, so even if it was within three years they may not know about it if it's a different force and it wasn't on the national scheme.

Didn't do much good though?
peterguk
QUOTE (Johnnybegood @ Wed, 7 Oct 2015 - 19:16) *
I have been on a SAC but I can't remember whether it was within 3 years.

How can I check this it will it automatically be cross referenced when I send my NIP in ?


You'll find out after naming yourself as the driver. Either it'll be a SAC or a summons.
Johnnybegood
Thanks
You know how easy it is to get caught just over the limit
Not an excuse... But I'm not a 'reckless speeder'
But we all do it don't we
Those who get caught come here!
kezzy
Hi JBG,

First of all, What is the precise date of the offence?.

If you have attended an SAC Within the 3 years of the above date it is very doubtful you will be offered another.
If it is within the 3 years, you will probably be offered the choice of accepting a fixed penalty + points, or if they are considering a ban you will be told so and may have to attend court to receive your punishment. Which could be 3 more points and a 6 month ban under totting up, sometimes it is just a ban on totting and no points.
If this occurs, you need to have good mitigation to try and ease the sentence.

Right: Are you married, do you have children, do you drive for a living, are you a mortgage owner, IE: will you lose your house if disqualified. Will it affect your wife & children. All of these facts do need to be mentioned in mitigation. If the above is the case then they may consider giving you points an escalated fine + points + court costs + victim surcharge. Think carefully of your position it has now put you in, Be honest , sincere, apologetic. if you need help on here do not hesitate to ask, all the boys and girls on here are good. they will do their best to help, but they will require all of the circumstances surrounding you.
PS: do not forget to send in your NIP, within the time allotted, or it will get beyond just a ban.
squaredeal
QUOTE (Johnnybegood @ Wed, 7 Oct 2015 - 19:16) *
Hi
Thanks all for your help
I have been on a SAC but I can't remember whether it was within 3 years
ie it was about 3 years ago
How can I check this it will it automatically be cross referenced when I send my NIP in ?


The SAC attendance date is irrelevant.
It is the offence date that counts.
If there is at least 3 years between the 2 offence dates you will automatically be added to the National Database and be eligible for a SAC. It is all automated.
Johnnybegood
QUOTE (kezzy @ Wed, 7 Oct 2015 - 20:13) *
Hi JBG,

First of all, What is the precise date of the offence?.

If you have attended an SAC Within the 3 years of the above date it is very doubtful you will be offered another.
If it is within the 3 years, you will probably be offered the choice of accepting a fixed penalty + points, or if they are considering a ban you will be told so and may have to attend court to receive your punishment. Which could be 3 more points and a 6 month ban under totting up, sometimes it is just a ban on totting and no points.
If this occurs, you need to have good mitigation to try and ease the sentence.

Right: Are you married, do you have children, do you drive for a living, are you a mortgage owner, IE: will you lose your house if disqualified. Will it affect your wife & children. All of these facts do need to be mentioned in mitigation. If the above is the case then they may consider giving you points an escalated fine + points + court costs + victim surcharge. Think carefully of your position it has now put you in, Be honest , sincere, apologetic. if you need help on here do not hesitate to ask, all the boys and girls on here are good. they will do their best to help, but they will require all of the circumstances surrounding you.
PS: do not forget to send in your NIP, within the time allotted, or it will get beyond just a ban.



Thank you all
Johnnybegood
Q: would you be offered a SAC if your recent offence takes you to 12 points or is it a done deal that you are summonses to court??... Is an automatic ban if your exceptional hardship case isn't strong enough or can they take a view and offer a SAC at court?
peterguk
QUOTE (Johnnybegood @ Wed, 7 Oct 2015 - 21:58) *
Q: would you be offered a SAC if your recent offence takes you to 12 points


If the recent offence and you personally qualify for an SAC then it will be offered regardless of points on DL.

QUOTE (Johnnybegood @ Wed, 7 Oct 2015 - 21:58) *
Is an automatic ban if your exceptional hardship case isn't strong enough or can they take a view and offer a SAC at court?


A court can't offer a SAC.
kezzy
JBG,
You have 9 points on your brief, What was the date of the first offence = Your first 3 points. What was the date of your latest offence, the one your NIP is for.
If they are within a 3 year time scale, you could be looking at a totting up ban. Just send in your latest NIP within the 28 days and see what comes back.
Kickaha
QUOTE (kezzy @ Wed, 7 Oct 2015 - 22:34) *
JBG,
You have 9 points on your brief, What was the date of the first offence = Your first 3 points. What was the date of your latest offence, the one your NIP is for.
If they are within a 3 year time scale, you could be looking at a totting up ban. Just send in your latest NIP within the 28 days and see what comes back.

He knows. Judging from your previous post it was you who didn't.
Johnnybegood
Hello
Me again
I'm sorry if I appear stupid
But I've just heard I'm eligible for a SAR
As I'm on 9 already is it a done deal I'll be awarded a SAR even if I've sent my NIP in electing to go to court as the only option I had?
peterguk
QUOTE (Johnnybegood @ Thu, 8 Oct 2015 - 14:15) *
Hello
Me again
I'm sorry if I appear stupid
But I've just heard I'm eligible for a SAR
As I'm on 9 already is it a done deal I'll be awarded a SAR even if I've sent my NIP in electing to go to court as the only option I had?


Read my post no. 16.
Jlc
I would contact them ASAP if you ticked the 'hear the matter in court' box!!!!!
nosferatu1001
Why not just do what you were told and send it back, naming the driver, and leaving it up to them?

Contact quickly stating you misunderstood what you had ticked.
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