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FightBack Forums > Queries > Speeding and other Criminal Offences
Ernie27
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2019
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A31 Ringwood Road, St Leonards
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? -
How many current points do you have? - 11
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 - Mobile camera caught me doing 70 in a 50 zone on dual carriageway. Becomes a 70 zone about half a mile later!

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? - 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: Wed, 01 May 2019 09:47:35 +0000
Jlc
Looks like you will be facing a totting ban.

This will have to be dealt with at court - you can submit and exceptional hardship plea to reduce the 6 month ban, potentially to none.

The impact on others carries more weight.
Ernie27
Thanks for your advice Jlc.
The Rookie
You don't need to spend out on legal assistance for that, we can help coach you through and there is an argument that it is received better from the defendant in person clearly 'bricking it' than from a dispassionate professional. Data suggests that about 25% of those who tott succeed with an EH plea, how many try and fail we don't know.

What exceptional hardship do you think you/anyone else would suffer?

What are the OFFENCE dates for your existing points?

Mitigation for the individual offences are NOT at all relevant to an EH plea.

Ernie27
Thanks Rookie!

I have been served a conditional offer of a fixed penalty of £100 fine and three points for the latest speeding offence.
The offence dates for my existing 11 points are: 5 points on 30 september 2018, 3 points on 17 February 2018 and 3 points on 3 December 2017.
Any exceptional hardship plea would essentially be a bit self-centred! I am 70 years old, live by myself, am not close to public transport links (the nearest bus stop is about half a mile away - as are the nearest shops) and due to a long-term ankle injury (broken 2 years ago and then re-grafted about a year ago) I am unable to walk any distance without quite a lot of pain. All of which makes me heavily reliant on my car. However, I cannot claim that anyone else would suffer much from me being banned.
cp8759
I fear the court might take the view that any hardship you might suffer is self-inflicted. A magistrate might reasonably ask himself, if your licence is so important to you and if you were on 11 points already, why you didn't look after your licence by driving around like a nun. It's surprising how things that people put forward to improve their chances can actually make things worse.
Ernie27
You are of course right cp8759. I am asking myself the same question!
Logician
Returning the conditional offer should result in the realisation that you are not eligible and a referral to court. It is worth trying an exceptional hardship plea, you have nothing to lose by it. Your licence clearly is important to you even if you put it at risk, I should use a stick and hobble into court!
Ernie27
Thanks Logician! I might just do that....
The Rookie
One of the conditions on the fixed penalty offer is that you have less than 9 points already, so you can't accept the offer.
Ernie27
Hi Rookie - I know, but there's nowhere on the form to state this! So it has to go to Southend, with payment, before the system tells me that I can't accept the offer! Doh!
The Rookie
Erm no, it should be a condition in the text that means you shouldn't be submitting it in the first place.

You are free to ignore a CoFP, no need to pay it or even reply anyway.

peodude
I agree with Logician, the two things to play on are your age and your mobility. An elderly person stood in court, along with medical evidence of limited mobility, should stand a good chance. More so than a typical boy racer.
Ernie27
Thanks peodude. And to everyone who has replied on this forum. What a supportive bunch you all are.
cp8759
QUOTE (Ernie27 @ Wed, 1 May 2019 - 11:49) *
You are of course right cp8759. I am asking myself the same question!

You might want to think of a good answer to give when they ask you about this (they will ask). Saying stuff like "Becomes a 70 zone about half a mile later" would make things considerably worse as it suggest you think it's ok to do 70 in a 50 in these circumstances. Write something up and post it on here for review, Logician is especially skilled in re-wording things to be as helpful as possible in these sort of circumstances.
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