Help - Search - Members - Calendar
Full Version: [NIP Wizard] rimanajha16
FightBack Forums > Queries > Speeding and other Criminal Offences
rimanajha16
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2018
Date of the NIP: - 53 days after the offence
Date you received the NIP: - 53 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A616 (T) East from 400m past A629 exit for 1.6km, Barnsley, United Kingdom
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 speeding on a 60mph at 68mph. I sent back the papers and have received a conditional offer of £100 fine and 3 points. I do not want to take the points and fine and would like to contest this.

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? - 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
- England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v3.3.2: Fri, 10 Aug 2018 11:49:03 +0000
ohnoes
Have you got any questions?
What basis would you like to contest the allegation on?
The only way to do this would be to reject the conditional offer and plead not guilty at court which will be a lot costlier than the conditional offer if you are found guilty.
rimanajha16
I work as a delivery driver and do not want to get any points as this will affect my career.

If this was contested in court, would we be looking at a potential ban? I was slowing down and the camera captured me. I have never had points on my license, if I write back to them suggesting a speeding awareness course are they likely to accept this?

Thank you for your help smile.gif
BaggieBoy
If they were going to offer a course, it would have been at the same time you received the Conditional Offer. Have you done one previously?

Any idea why the NIP is dated 53 days after the offence?
AntonyMMM
QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 12:57) *
If this was contested in court, would we be looking at a potential ban?


No - you would still get three points, but the fine and costs would be much, much higher.

To take it to court you need a defence, which nothing so far suggests you have.
rimanajha16
I haven't done a speed awareness course before either, that's why I am completely confused as to why they've sent me the points and fine.

Just realised the conditional offer was sent to us 53 days after.
Jlc
QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 13:08) *
I haven't done a speed awareness course before either, that's why I am completely confused as to why they've sent me the points and fine.

Call them and ask? There's no absolute right to one though.

QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 13:08) *
Just realised the conditional offer was sent to us 53 days after.

And?
AntonyMMM
QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 13:08) *
I haven't done a speed awareness course before either, that's why I am completely confused as to why they've sent me the points and fine.


Ring them and ask ...
Jlc
QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 12:57) *
If this was contested in court, would we be looking at a potential ban?

No ban would be issued for that excess. However, if you maintained a not guilty plea you'll have a very expensive day out unless you actually have a defence. Was the NIP received within 14 days, assuming you are the registered keeper? (You seem to have put the CoFP date in the Wizard?)
rimanajha16
QUOTE (Jlc @ Fri, 10 Aug 2018 - 13:33) *
QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 12:57) *
If this was contested in court, would we be looking at a potential ban?

No ban would be issued for that excess. However, if you maintained a not guilty plea you'll have a very expensive day out unless you actually have a defence. Was the NIP received within 14 days, assuming you are the registered keeper? (You seem to have put the CoFP date in the Wizard?)


I can't remember the date the NIP was received as I sent it the form off without photocopying, the COFP date was sent on the 4/8
Jlc
The date of the CoFP is irrelevant unless somewhere close to 5 months after the allegation.
NewJudge
QUOTE (rimanajha16 @ Fri, 10 Aug 2018 - 12:57) *
I work as a delivery driver and do not want to get any points as this will affect my career.

Alas you need a little bit more than that.

Do you dispute that you were exceeding the speed limit? If not, that leaves defences based on the procedure. One handy (though rarely successful) is a late NIP. The first NIP has to be with the Registered Keeper within 14 days. It seems you will be unable to contest that as you don't know when it was served. You can check that the limit was properly set and appropriately signed. Other than that there is not much you can contest. As suggested, you can try to find out why a course was not offered but unfortunately simply "not wanting" the points will not cut any ice.

Presumably you are not the Registered Keeper of the vehicle.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.