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FightBack Forums > Queries > Speeding and other Criminal Offences
Chamber34
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2017
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - lon parcwr, ruthin north link road
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? - 10
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 - left Tesco. had my 10month old in car crying. wanted get home
seen van an slowed down. was bonfire night and he was scared by fireworks so wasn't thinking

got10 points already
1 failing to disclose as was advised I get away with it (600fine) 6 poits
1 for speeding 4 points

just started a pt business last October, if get banned I lose that. I'm on minimum wage really if that, but its building up an another year i think it be successful. a ban an I'm back square 1

really worried

I know I wrong but cant get banned




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? - Wales

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, 15 Nov 2017 14:40:56 +0000
peterguk
How about alleged speed and limit?
Jlc
QUOTE (peterguk @ Wed, 15 Nov 2017 - 14:51) *
How about alleged speed and limit?

Indeed, a course may be available if it's not too fast. (e.g. 42 in a 30)

But if you do accumulate 12 points within a 3 year rolling period (based on the date of offence) then you be looking at a totting ban of 6 months.

Should you tot then you will have the opportunity to present an exceptional hardship plea to reduce the ban, potentially to none. The impact others carries more weight.
Chamber34
37 in 40

failing disclose jan 15
speeding feb 15

how would I go about claiming hardship??

wont be able to carry on as mobile personal trainer. so wont be able provide

get access to 4 year old every other weekend an that b hard
see 2 babies anytime I like, them 3 be affected to

the 6 points was for failing disclose, if I had I would now be on 8 an no ban, is that worth mentioning??
is it worth borrowing money for solicitor??? CAB or pay someone to draft a letter??? I'm rubbish at writing an ramble on without makin good case


Logician
Yes, there just because you are on 10 points does not mean you will not get offered a course if you are otherwise eligible. Who advised you that you would get away with not disclosing the name of the driver previously? Did you get a double whammy with 4 points for speeding in the same incident?
Chamber34
do many people get ban reduced?? what reasons do they use?
do thye often reduce to 0, or still ban but for less??


guessing I'm best admitting it an begging for leniency?

I wont egt a course will as had offence within 3 years??

a facebook page advised me an I foolishly went ahead,
2 separate offences

4point speeding an 100 fine.
month after 600 fine an 6 points for failing disclose
2 offences 10 points
would of been 8 or 7 if id disclosed driver


peterguk
When did you last attend a Speed Awareness Course?
David_R
QUOTE (Chamber34 @ Wed, 15 Nov 2017 - 16:44) *
37 in 40


That would not gain you any points at all. Are you sure about that?!
Chamber34
must b 5 years or more. if I had 1?? been on course 3 years ago for mobile phone?
is course option if points in last 3 years?

37 in 30 sorry
peterguk
So it would seem you should be invited to attend a SAC.
Chamber34
if convicted of 2 offences in 2015 , will I be offered a sac???
googled it an says no? I'm no expert tho.

QUOTE (peterguk @ Wed, 15 Nov 2017 - 16:15) *
So it would seem you should be invited to attend a SAC.

if convicted of other offence within 3 years u don't get a SAC?? or am I wrong?

hope so biggrin.gif
peterguk
QUOTE (Chamber34 @ Wed, 15 Nov 2017 - 16:19) *
if convicted of 2 offences in 2015 , will I be offered a sac???
googled it an says no? I'm no expert tho.

QUOTE (peterguk @ Wed, 15 Nov 2017 - 16:15) *
So it would seem you should be invited to attend a SAC.

if convicted of other offence within 3 years u don't get a SAC?? or am I wrong?

hope so biggrin.gif


You're wrong. biggrin.gif
NewJudge
Firstly (and most importantly) if you have not already done so, you need to respond to the “Request for Driver’s details” naming yourself.

In a 30mph limit speeds up to 42 mph normally qualify for a course. So, if you have not done one in the last three years you may be offered a course (cost around £90, half a day of your time but, importantly, no points).

If you are not offered a course for some reason the matter will be heard in court because you will be liable to a ban under the “totting up” rules. It is not worth mentioning your mistake in not naming the driver which gave you six points. You are where you are and the court will not be too interested in how you got there. You will have to convince the court that you (or others) will suffer “exceptional hardship” if you are banned. The hardship has to be over and above what would normally follow from a driver being banned. Normally loss of employment alone is not sufficient to swing it as that is by no means exceptional. You should really work on the effect the ban will have on others (your children, your customers, anybody who relies on you being able to drive) as this normally carries more weight. Unless you are really not confident to present your case in court it is probably not worth paying for a solicitor to tell the court what you can tell them yourself. I would certainly not recommend getting yourself into debt to pay a solicitor. Better to save the money for your fine.

If you search through this forum you will see some examples of people making “Exceptional Hardship” pleas. I don’t think official figures are kept of the success rate but most people seem to put it at about 25%. One thing you must remember is this: assuming you get three points for this offence and you are successful in keeping your licence, the 13 points will remain on your licence. This means any further points will see you in court as a “totter” again. You cannot use the same argument to avoid a ban for three years so you will have to be especially careful until the earlier points from 2015 are no longer counted (which will be in Jan/Feb 2018).

And don’t take any notice of any rubbish on Facebook in future! dry.gif
Chamber34
QUOTE (NewJudge @ Wed, 15 Nov 2017 - 16:20) *
Firstly (and most importantly) if you have not already done so, you need to respond to the “Request for Driver’s details” naming yourself.

In a 30mph limit speeds up to 42 mph normally qualify for a course. So, if you have not done one in the last three years you may be offered a course (cost around £90, half a day of your time but, importantly, no points).

If you are not offered a course for some reason the matter will be heard in court because you will be liable to a ban under the “totting up” rules. It is not worth mentioning your mistake in not naming the driver which gave you six points. You are where you are and the court will not be too interested in how you got there. You will have to convince the court that you (or others) will suffer “exceptional hardship” if you are banned. The hardship has to be over and above what would normally follow from a driver being banned. Normally loss of employment alone is not sufficient to swing it as that is by no means exceptional. You should really work on the effect the ban will have on others (your children, your customers, anybody who relies on you being able to drive) as this normally carries more weight. Unless you are really not confident to present your case in court it is probably not worth paying for a solicitor to tell the court what you can tell them yourself. I would certainly not recommend getting yourself into debt to pay a solicitor. Better to save the money for your fine.

If you search through this forum you will see some examples of people making “Exceptional Hardship” pleas. I don’t think official figures are kept of the success rate but most people seem to put it at about 25%. One thing you must remember is this: assuming you get three points for this offence and you are successful in keeping your licence, the 13 points will remain on your licence. This means any further points will see you in court as a “totter” again. You cannot use the same argument to avoid a ban for three years so you will have to be especially careful until the earlier points from 2015 are no longer counted (which will be in Jan/Feb 2018).

And don’t take any notice of any rubbish on Facebook in future! dry.gif


thank u
wil send it tom.
do u think 37 in a 40 and with 2 offences within 3 years, that I will get offer of SAC?

I can speak ok in court
will focus on clients I help and kids seeing dad etc

ye wont listen facebook again
NewJudge
QUOTE (Chamber34 @ Wed, 15 Nov 2017 - 16:42) *
do u think 37 in a 40 and with 2 offences within 3 years, that I will get offer of SAC?


I assume you mean 37 in a 30 limit.

Your previous offences have no bearing on whether you are eligible or not. So long as the speed is low enough (as I said earlier, up to 42mph in a 30 limit) and you have not done a course in the last three years, you should receive an offer of one.
Logician
For 37 in a 30, you should get the offer of a course provided you have not done a course for a previous speeding offence within 3 years of this one. The fact that you have committed other speeding offences and received points does not affect this, nor does going on a course for a mobile phone offence. If you successfully complete a course you do not get points or a fine but it costs you about £90 - £100. Successfully completing just means you were paying attention and not being disruptive.
Chamber34
thank u. will stop worrying now

will let u know what they say

good 1
bill w
QUOTE (Chamber34 @ Wed, 15 Nov 2017 - 16:42) *
ye wont listen facebook again



"Parking Tickets My A**e" by any chance on Facebook. ?
Lots of seriously dubious stuff on there.
Chamber34
QUOTE (bill w @ Thu, 16 Nov 2017 - 01:11) *
QUOTE (Chamber34 @ Wed, 15 Nov 2017 - 16:42) *
ye wont listen facebook again



"Parking Tickets My A**e" by any chance on Facebook. ?
Lost of seriously dubious stuff on there.


how did u guess??
was gutted
600quid it cost me lol a 6instead of 3 points
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