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FightBack Forums > Queries > Speeding and other Criminal Offences
djbabyblu
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2016
Date of the NIP: - 155 days after the offence
Date you received the NIP: - 156 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M25 Motorway, Jnc 22-21A
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? - 6
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 - This was such a long time ago that I cannot recall the exact events on the day but I do not normally speed and for that reason feel this may be able to be appealed.

It says the VSL was 60mph and I was doing 70mph, however I feel that I should request evidence.


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? - No
Was there a valid reason for the NIP's late arrival? - 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:
  • 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: Mon, 17 Oct 2016 13:41:23 +0000
sgtdixie
Please give us exact date of the offence and date the s172 is dated and date you received it.

You cannot appeal an nip, but if you supply the above you may yet escape.
Jlc
QUOTE (djbabyblu @ Mon, 17 Oct 2016 - 14:41) *
but I do not normally speed and for that reason feel this may be able to be appealed.

There's no 'appeal' and stating that you do not normally speed isn't a defence.

Anyway, you're jumping ahead. One presumes they are requesting the identity of the driver at the moment. You are required to respond to this request and you potentially commit a separate offence if you fail to comply.

So, it's been a long time - there must be a reason for this. You state you are the registered keeper - did you change the car or move around the time of the alleged offence?

I would also add that if you were to nominate the driver towards the end of the allowed 28 days then it appears that this would take you past the 6 months they require to commence a prosecution - so be careful not to grab defeat from the jaws of victory...

QUOTE (djbabyblu @ Mon, 17 Oct 2016 - 14:41) *
It says the VSL was 60mph and I was doing 70mph, however I feel that I should request evidence.

You can request what you like - they are under no obligation to provide anything short of a not guilty plea at court.
peterguk
QUOTE (djbabyblu @ Mon, 17 Oct 2016 - 14:41) *
I feel that I should request evidence.


You're not entitled to any evidence until you make a Not Guilty plea in court.

Why is the NIP so late? When did you buy your car?
The Rookie
If you only got the NIP today, if you reply such that the reply arrived on the 28th day (today being day1) then the offence of speeding will almost certainly 'time-out'.
Jlc
QUOTE (The Rookie @ Mon, 17 Oct 2016 - 16:27) *
If you only got the NIP today, if you reply such that the reply arrived on the 28th day (today being day1) then the offence of speeding will almost certainly 'time-out'.

Indeed, as noted, there's still to opportunity for the speeding offence to timeout and a separate s172 offence to occur.
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