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FightBack Forums > Queries > Speeding and other Criminal Offences
Turtle258
I have a NIP in the post for 37 in a 30.

I had just purchased a new motorcycle and on 2 days after I bought it I was flashed by a speed camera for 37 in a 30. The NIP was sent to the former keeper (V5 probably still in the post at that point) who duly filled in my details as the new registered keeper.

I currently have 6 points so this NIP will take it upto 9 so i've decided to take the PACE route.

Results for the NIP Wizard as follows

These are the answers you've given so far:
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? - No
Was there a valid reason for the NIP's late arrival? - 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


My questions are just to quantify risk. I've noticed that posts indicate that the case of O'Halloran was due to be heard in the ECHR in Feb 07, has this gone ahead? I can't seem to find any references to it.

My other question is what happens if I end up in court? I know the guidelines say 3 points but could I face 6 points and a possible ban?

Could I be prosecuted under S172 for not providing details of the driver with the PACE statement?

I'm still going throuh the forum and intend to ask for copies of the evidence so sitting tight at the moment.

Thanks in advance for anyones time in replying to this post.
The Rookie
Redo the wizard, on page 2 read the instructions and fill in the boxes before ticking yes/no, then we will have most of the facts.

The ECtHR hearing was in September, the result was 'anticipated' in Febraury, but now not likley to be seen until July at the earliest.

Worst case is 3 points for speeding and 3 for S172 as it stands right now, although with most its just 3 for speeding - depending on your speed and how that ties in with the magistrates guidelines! Some magistrates courts are unable to follow even obvious case law, not having your county (NIP wizard not competed) then we can't tell you the current state of play for your area.

Your entitled to see no evidence until you are summonsed and plead not guilty, but a letter asking for a photo to help confirm the riders ID will usually get you something!

Simon
Turtle258
Thanks for the response, updated NIP wizard below.
So I could be looking at 6 points and a ban. Thats a tough call for the PACE statement.
I don't know if you need it but the camera was in Derbyshire, I live in West Yorkshire.

NIP Details and Circumstances
What is the name of the Constabulary? - Derbyshire
Date of the offence: - April 2006
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Unknown as NIP recieved by previous owner, still in the post to myself
Was the NIP addressed to you? -
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? - 6
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 - Unsure of speed at the time as I didn't see the camera flash.

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:
  • Complete the PACE witness statement.

Generated by the PePiPoo NIP Wizard v2.2.2: Tue, 24 Apr 2007 13:13:54 +0100
Turtle258
So does anyone know what the odds are in Derbyshire.

Does the pace statement work there or will I get hit for speeding and the s172?
crystal
Hi

We dont have odds, the law is the same all over england. The PACE w/s is the start of the fight, sometimes it times out sometimes you have to work a bit harder.

You are unlikly to be summoned for both and very very unlikey to be procecuted for both and should win on appeal if you did.
The ECtHR judgement should be issued long before you get a summons which will help.

Regards
Crystal
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