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FightBack Forums > Queries > Speeding and other Criminal Offences
James82
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2016
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A74M S.B.C near to Whicketthorn, Kirkpatrick Fleming
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 - Driving along the motorway, middle lane, pull out into 3rd lane to overtake van and see camera on bridge. Speed 90mph. Car in Middle lane and large white van tailgating behind me at time of alleged offense.

NIP was sent in from work giving my details, NIP then sent to me which I have returned and now have received Conditional Offer of Fixed Penalty Notice of 3 points and £100 fine. I have received no evidence of the alleged offense


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? - Scotland

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.

    Depending on your circumstances, you may wish to consider completing the form, but returning it unsigned. By doing so there is a risk that you will be convicted under s172, which would attract 6 penalty points and a fine; in most cases this is likely to exceed the penalty for the speeding offence itself.

    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, 05 Nov 2016 16:44:27 +0000
AntonyMMM
You don't have any entitlement to be sent any evidence until you dispute the offence and take it to court.

You could have asked for any photos "to aid identification of the driver" which would have got you something, but having already named yourself that opportunity has now gone.

Being an offence in Scotland you may wish to read about the unsigned option.
squaredeal
QUOTE (AntonyMMM @ Sat, 5 Nov 2016 - 17:57) *
You don't have any entitlement to be sent any evidence until you dispute the offence and take it to court.

You could have asked for any photos "to aid identification of the driver" which would have got you something, but having already named yourself that opportunity has now gone.

Being an offence in Scotland you may wish to read about the unsigned option.

Huh?
Unsigned option is only at the NIP stage.
Jlc
Indeed, too late for 'unsigned'.

Unless you weren't exceeding 70 then this will be your best offer...
The Rookie
unless you genuinely believe you were doing 70 or less (and your account suggests you don't) then the fixed penalty is the best you'll get.

Neither overtaking nor having a vehicle following you is a defence.
AntonyMMM
QUOTE (squaredeal @ Sat, 5 Nov 2016 - 17:00) *
QUOTE (AntonyMMM @ Sat, 5 Nov 2016 - 17:57) *
You don't have any entitlement to be sent any evidence until you dispute the offence and take it to court.

You could have asked for any photos "to aid identification of the driver" which would have got you something, but having already named yourself that opportunity has now gone.

Being an offence in Scotland you may wish to read about the unsigned option.

Huh?
Unsigned option is only at the NIP stage.


good point .......
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