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Full Version: [NIP Wizard] 100 on the motorway, now received an NIP!
FightBack Forums > Queries > Speeding and other Criminal Offences
Marine12
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2016
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M25 Epping nr m/post 5563a clockwise carriageway
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
If your are not the Registered Keeper, what is your relationship to the vehicle? - Company car
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 - Travelling home on the motorway. The were no overhead gantry signs warning of a restricted speed limit, went through the camera and saw it flash.

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: Sat, 02 Jul 2016 17:53:38 +0000
morrisman
What was the limit on the gantries?
peterguk
OP says no limit displayed, so NSL.

Expect a summons within next 6 months.
morrisman
QUOTE (peterguk @ Sat, 2 Jul 2016 - 18:56) *
OP says no limit displayed, so NSL.

Expect a summons within next 6 months.

Time to get my eyesight tested tongue.gif
southpaw82
It's a company car, you're not the RK but you have an NIP addressed to you? Has your company already named you as the driver?
Marine12
Yes, it is a strange tax efficient scheme, the letter was sent to the company who owns the car last week and they in turn have named me as the driver and the notice has been sent out
Jlc
So any question? You will be attending court:


As above, discounted by 33% for a guilty plea, costs of £85 and 10% surcharge on the fine. A short ban is possible but 6 points most likely.
Marine12
I know it's abit of an unknown but how accurate is this calculator? I will take this in to account when I go to court and report back when I am done there. Is a lawyer a good idea Or just a waste of money?
Jlc
For a guilty plea a lawyer isn't going to help.

The calculator is based on the Magistrate's guidelines so 'accurate' (caveat my notes above).
Marine12
If I have done a speed awareness course, do I have to disclose this?
Logician
If you want the actual court guidelines they are on page 131 HERE. As Jlc says, 6 points is most likely.
Marine12
I downloaded the app for sentencing guidelines on the iPad, informative app but one I wouldn't want to be using all the time!
Marine12
If I have done a speed awareness course, do I have to disclose this?
Jlc
QUOTE (Marine12 @ Sat, 2 Jul 2016 - 20:00) *
If I have done a speed awareness course, do I have to disclose this?

Nope.
Marine12
Thanks for the reply JLC, is there anywhere to confirm this and what the reasons are that I don't? Won't they already know this when I walk in to the court?
KH_
Why would you want to disclose it?
To a court it would just make them think you're a habitual speeder who didn't learn his lesson from the course?!?
Marine12
I certainly wouldn't want to but I don't want to lie if asked have I offended previously? Will they not already know the history?
KH_
I doubt they'll know you've done a course previously but obviously if they ask you outright you have to tell the truth.
Bipolar
They won't ask. To explain if you've never been in traffic court before it's effectively a sausage factory designed to get you in, sentenced and out as quick as possible if you're pleading guilty. It may be a big deal to you but to the court you are simply an administrative procedure. From walking in to walking out will probably last about five minutes.

If you are unsure go to your local Magistrates Court and see how the process works. If you've only seen courts in American films then prepare for a surprise.
TheBeak
QUOTE (Bipolar @ Sat, 2 Jul 2016 - 20:59) *
They won't ask. To explain if you've never been in traffic court before it's effectively a sausage factory designed to get you in, sentenced and out as quick as possible if you're pleading guilty. It may be a big deal to you but to the court you are simply an administrative procedure. From walking in to walking out will probably last about five minutes.

If you are unsure go to your local Magistrates Court and see how the process works. If you've only seen courts in American films then prepare for a surprise.


Exactly this.
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