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FightBack Forums > Queries > Speeding and other Criminal Offences
sidss
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 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): - Preston old road
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 - I was caught by the speeding Van, it was parked on the side of the road as you come up.
I am sure I was not doing 36, as I did check my speed as soon as I saw the van and it was 35 and I took the foot of the paddle, so speed went down as well.Please advice as what should be my next option as I have already done speed awareness course last year.

Thanks


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: Sun, 06 Dec 2015 09:26:48 +0000
BaggieBoy
You must return the form naming yourself within the 28 days allowed, otherwise you will give them a slam dunk conviction for failing to furnish, 6 points and a large fine/costs. Fighting the speeding allegation is very difficult, you would have to provide evidence that convinced the magistrates that the speed was wrong, very difficult to do and potentially very expensive if you lose.

They probably pinged you well before you saw them and the speed is most likel accurate, taking the fixed penalty is going to be the cheapest solution I suspect.
NewJudge
The problem is that you are guilty of speeding. The charge is that you were exceeding the speed limit, not that you were travelling at 36mph. You would have to go to court and plead guilty. The Magistrates would rule that there is no need for a hearing to establish the facts (this is called a “Newton” hearing) because the likely sentence for both speeds is identical. You would be convicted on the facts as you admit to them as the speed limit is 30mph.


If you should do this you will face an income based fine plus a surcharge of 10% of that sum. As well as this you will pay prosecution costs of around £85 and of course receive three points. Return the request for driver’s details and accept the offer of a fixed penalty that will follow.

Jlc
...but in the meantime request photo's to assist in the identification of the driver. They don't have to supply but often do and they'll probably give you a shot confirming the speed.

It's quite normal to either be pinged before you saw them or did slow slightly before checking your speedo.
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