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MsBehavin
NIP Details and Circumstances

What is the name of the Constabulary? - South Yorkshire
Date of the offence: - October 2006
Date of the NIP: - 11 days after the offence
Date you received the NIP: - 13 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A6135 Burngreave Road
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
How many current points do you have? - 9
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 from A to B like any other motorist didn't feel like I was speeding it just crept up on me - next thing flash, flash!!!


NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Which country did the alleged offence take place in? - England
Did the first NIP arrive within 14 days? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Were you driving? - Yes

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

Complete the PACE witness statement.


Hi guys

The above post is for my dear sister-in-law who is naturally upset and concerned as to what is going to happen to her on receipt of yet another 3 points!! Her other convictions are all SP30's also, two are dated summer 2004 and one for Feb 2005 so they are not due to expire etc - Will she be banned ????

She is single but has a job that requires her being able to drive but has been told that the 'hardship' plea only applies when it displays 'hardship to others' - as she lives alone and it pretty much a 'free spirit' with no dependents this would not seem to apply.

The NIP wizard suggest a PACE witness statement but she feels responding this way to the police will just blemish her character if this goes to court. She can't afford to consult a solicitor and find little point in 'fighting' the speeding fine as she accepts she was indeed breaking the speed limit!

She is intending to complete her NIP in the hope she will just be offered a COFP without having to attend court..... I thought if you were on 9 points you have to attend court no matter what????

Can anybody advise what the likely procedure will be!!

Thanks folks

wink.gif
pauliexjr
Firstly she should understand that the PACE ws is not in any way devious or underhand.

The fact that the NIP attempts to get you to incriminate yourself by admitting who was driving at the time of the alleged offence, WITHOUT cautioning you that you have the right under UK law NOT to incriminate yourself, now that IS underhand and devious!

Besides which, by completing the NIP and 'confessing' to the crime in the eyes of the law she is a criminal, so the fact she tried to fight it won't make her look any worse, we are all criminals or potential criminals as far as the average speed cop is concerned!

Unfortunately she is right, if she gets a further 3 points she is likely to lose her licence under 'totting-up'. The only way she can avoid this is by dodging the CoFP and hoping to spin it out long enough for the case to time out.
MsBehavin
QUOTE (pauliexjr @ Mon, 30 Oct 2006 - 18:27) *
Unfortunately she is right, if she gets a further 3 points she is likely to lose her licence under 'totting-up'. The only way she can avoid this is by dodging the CoFP and hoping to spin it out long enough for the case to time out.


But what kind of things can she do to attempt this, it was a forward facing camera so she probably would be easily identified as the driver etc

any other ideas???
pauliexjr
I get the impression from your original post that she's not up for a fight. If she's already rolled over and returned the NIP 'fessing up to the offence I think she's pretty well sunk.

If she's not yet returned the NIP I strongly recommend she follows the advice already given and sends a PACE witness statement then tries to stay off the radar for the next 6 months or so!

I would also suggest she gets on this site and reads up on the success stories to give her a little more courage in facing down these thieving, lying, connniving b*stards that don't care about her or her personal circumstances but simply want to part her from her hard earned dosh!!
The Rookie
As she won't be able to accept the CoFP it will go to court, so even if she doesn't use the PACE ws it would be worth pleading not guilty initially to be sure that the evidence is valid!

Simon
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