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FightBack Forums > Queries > Speeding and other Criminal Offences
boxer29
NIP Details and Circumstances
What is the name of the Constabulary? - cumbrIA
Date of the offence: - September 2006
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): - A591 Ings travelling east (EF6)
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? - 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 driving the car on this pitch dark road ,while driving in the pitch dark road and obviously night time i missed the camera and my speed was clocked at 47 mph in a 40 mph zone

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.

Generated by the PePiPoo NIP Wizard v1.0.2: Thu, 09 Nov 2006 00:18:57 +0000



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These are the answers you've given so far:
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
hare
Hi

where can I find the NIP wizard?
boxer29
well this is my first post in this forum have read thorough it ,,wow keep up the nice work ,,,
well if you are thinking why i havent replied to the nip yet ,,well i was on my holidays when i came back i recieved it in the pile of mail which i had got to check ,,i did call the phone number on the NIP and told them that i will be replying to it in the next week ,,the central ticketing office in penrith who did i speak to over the phone have give my time till this friday ,,,to reply ,,if you can help me pls what to do ,,i know its a bit short
Dr Science
QUOTE (boxer29 @ Thu, 9 Nov 2006 - 00:21) *
i was driving the car on this pitch dark road, while overtaking i missed the camera and my speed was clocked at 47 mph in a 40 mph zone


Is the camera on a straight road or a curve?

Are there any other details you can give?

Dr.S
Whizz
Can't get much straighter


QUOTE
while overtaking
???

They are rear facing - this is a pic of the camera for vehicles travelling west

Did you get one of the wonderful combined COFP/Nip ?
boxer29
yes i did get the combined COFP/Nip .
well yes this is the camera ,,but i was going in the east direction ,,and it was really dark at that time ,,i dont think so the sign of the camera was iluminated ,,or it was too dark ,,that i missed the camera ,,so what you people say that i should do ,,,thanks for reading and replying to the post ,,well my relative has got an international drivers license can i put his name ,,that he was driving and get away with the 3 points ,,will the ask for that drivers insurance ?? can i really get away with it by giving them the drivers name and his international drivers license
Whizz
QUOTE
well my relative has got an international drivers license can i put his name ,,that he was driving and get away with the 3 points ,,will the ask for that drivers insurance ?? can i really get away with it by giving them the drivers name and his international drivers license
I wouldnt do that you may get to share shower cubicles with people you wouldn't normally ninja.gif see here

If you want to fight this, do as the Nip wizard states complete the PACE statement.

Cumbria is unusual, in that it has Combined COFPS and NIPs and, if they are still the same, see S 75 (7) ©

In addition I think , this was won because of the combined COFP/NIPs in Dorset.

half-way down it says
QUOTE
The solicitor argued the police paperwork was flawed because, although it gave the offender 28 days to pay a £60 fixed penalty, it did not spell out that proceedings were being suspended in the meantime. Legislation says no proceedings can be taken until after proceedings have been suspended for 28 days, so the case was dismissed.
boxer29
cheers whizz

ONE MORE THING THAT NIP WAS DATED ON THE 3RD SEPT SO I AM OVER THE 28 DAYS PERIOD ,,I COULD NOT REPLY TO THEM AS I WAS ON MY HOLIDAYS ,,I DID SPOKE TO THEM AND THEY HAVE SAID ITS OK IF I REPLY BY FRIDAY 10TH NOV ,,SO YOU SAY THAT I SHOULD COMPLETE THE PACE FORM
i will do the pace form today and keep the fingers crossed and see what happens
Whizz
You will get a summons, Cumbria are particularly vigilant.


What I am saying is
QUOTE
If you want to fight this, do as the Nip wizard states complete the PACE statement.
and read up on other posts. It is your choice.
boxer29
SO WHIZZ WHAT YOU TRYING TO SAY ,,
SHOULD I WAIT FOR THE SUMMONS WHICH I HAVENT GOT YET ,,OR SHOULD I REPLY WITH THE PACE FORMM ,EVEN IF I AM OVER THE 28 DAYS
Falcon_II
Stop typing in caps. ITS CLASSED AS SHOUTING. Most people dont like that.
boxer29
sent the PACE statement with nip and cofp on the 3rd november special delivery to the chief constable addressed it private and confidential and by name and put the message on the nip/cofp see attached.
ive got a reply back today from the cubmria constabulary signed by k f the deputy manager/file decision maker its dated 27th nov and it says

"i am in receipt of your correspondance regarding the above notice .you have been given a COFP ,if you wish to challenge the allegation against you ,you should dicline the conditional offer and request a court hearing ,where you will be able to put your mitigation to the Magistrates .

i note you have admitted to driving the vehicle at the time of the alleged offence therefore failure to either comply with the Conditional Offer of Fixed Penalty or request a court hearing will result in the file being passed to the Presecutions Department for the offence of speeding.

yours faithfuly K F
Deputy Manager/ File Decision Maker "


they havent returned or included the new nip or the old nip with the cofp ,remember i did send them both with my correspondance in which i did send my PACE statement ,

what should i do now ,,
cheers
boxer29
@ whizz what do you say that i should do ,,remember i havent got the nip and pfpo forms with the latest letter ,,
cheers
Rallyman72
This is their standard B&B - just sit back, get on with life, dont worry about this and deal with whatever turns up if and when it does assuming, of course, that you are still up for a fight.

Use the time to read up on PACE and court and if you get a summons then scan, wash and post back in THIS thread so that we can comment and advise.
boxer29
well i am just waiting for another reply
cheers
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