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mikee66
Ok so i know i was dumb as fhell for speeding and i am guilty but what i'm hoping for here is damage control. I genuinly need my car for work as i work 20miles away until 11pm where there is no public transport and i cannot get a lift so tbh it looks like i'm screwed.

Ok so i have received my nip today for doing 111 in a 70 contrary to section 89 of the rtr act 1984 by a camera van.

help?
davepoth
QUOTE (mikee66 @ Wed, 30 May 2007 - 10:44) *
Ok so i know i was dumb as fhell for speeding and i am guilty but what i'm hoping for here is damage control. I genuinly need my car for work as i work 20miles away until 11pm where there is no public transport and i cannot get a lift so tbh it looks like i'm screwed.

Ok so i have received my nip today for doing 111 in a 70 contrary to section 89 of the rtr act 1984 by a camera van.

help?


Could you fill in the NIP wizard?
mikee66
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? - 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? - Scotland
davepoth
QUOTE (mikee66 @ Wed, 30 May 2007 - 10:57) *
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? - 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? - Scotland


There's a second page too. If you could post all of the results it'll be a great help.
mikee66
NIP Details and Circumstances
What is the name of the Constabulary? - fife poilice
Date of the offence: - 27th may 2007
Date of the NIP: - 28th may 2007
Date you received the NIP: - 30th may 2007
Location of offence (exact location as it appears on the NIP: important): -a92 bankhead roundabout to redhouse roundabout
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - i am the reg keeper
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 - i was driving down the dual carrigway and saw the camera van too late.
hortz
QUOTE (mikee66 @ Wed, 30 May 2007 - 11:10) *
NIP Details and Circumstances
What is the name of the Constabulary? - fife poilice
Date of the offence: - 27th may 2007
Date of the NIP: - 28th may 2007
Date you received the NIP: - 30th may 2007
Location of offence (exact location as it appears on the NIP: important): -a92 bankhead roundabout to redhouse roundabout
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - i am the reg keeper
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 - i was driving down the dual carrigway and saw the camera van too late.


Bloody hell, so the robbing bar stewards scam on sundays and send out NIPs on bank holiday mondays? Still, I suppose all the stealth taxes they collect justify the overtime payments.

What were the dates of your other six points? They may have dropped off by now. They remain on your license for 4 years but are only valid for totting up purposes for three.

Assuming they are within the last three years, I suggest you might want to consider doing nothing at all, i.e. don't reply to the NIP. I think I am correct in saying that the maximum penalty for failing to furnish driver details is still 3 points and a fine of up to £1000 (the magistrates have the discretion to ban you, as they do for any driving offence but in practice this is unheard of). You could expect a hefty fine and a hit on your insurance (insurance companies frown on FTF convictions), but you could at least keep your license and drive like a saint for a couple of years. If convicted of 111 on any road, you're looking at a straight ban quite frankly.
mikee66
It's only been 2 years so the points are still valid on my license.
Mike P
I believe there is/was talk of the maximum points for FTF rising to 6 this year! Can anyone elaborate on this?
andy_foster
It was in the Road Safety (sic) Act 2006. The section that increases the points for FTF has not come into force yet, and AFAIK no date has been set. Realistically, there is no way that it will happen until after the ECtHR judgement (O'Halloran & Francis v the UK), and only if we lose.
It can't be back-dated - says so in the Road Safety Act (and Art 7.1 ECHR) - although if the law was changed before the OP's 28 days were up, it would be before the offence of failing to furnish had been committed.
Mad Mick V
Have a look at this thread too

http://forums.pepipoo.com/index.php?showtopic=20735

Mick
Mike P
QUOTE (andy_foster @ Wed, 30 May 2007 - 19:00) *
It was in the Road Safety (sic) Act 2006. The section that increases the points for FTF has not come into force yet, and AFAIK no date has been set. Realistically, there is no way that it will happen until after the ECtHR judgement (O'Halloran & Francis v the UK), and only if we lose.
It can't be back-dated - says so in the Road Safety Act (and Art 7.1 ECHR) - although if the law was changed before the OP's 28 days were up, it would be before the offence of failing to furnish had been committed.


Sorry Andy, have i understood this correctly?

If, say, the increase in points were to become effective on 1st September - Anyone who failed to provide (as in NIP time was up) before that date, regardless of when their court appearence is, can only get a maximum of 3 points?
mob
It might be worthwhile getting any photos to aid driver identification. If you can't tell who was driving it is harder to name them.

How many people are insured to drive your car? It could have been any one of them driving.

If I was in your position I would consider writing to them stating that I could not recall who was driving (you do seem to be unsure yourself from your posts) and ask for assistance in identifying the driver, as well as providing several people who it could be (the more the merrier). Then ignoring all further correspondence.

If they have a list of potential drivers then prosecuting one for speeding without any evidence as to the identity is very hard.

This is just my personal opinion of course.

Alternatively you could just ignore the NIP.

Or you could just plead guilty and take your chances with a ban.

It really is up to you how you want to play this.
andy_foster
Don't say anything that isn't true
mikee66
well i wouldn't do that tbh

Bloke at my work is an ex traffic cop and he reckons i'll get a 3month ban.

Also earlier this year i won a driving comp run by Fife police to find the safest driver in my area and i got a pretty good prize too. My mate reckons i should make the pf aware of this when i go to court.
LancashireLad
It also depends on how FORGETFUL you are. Hypothetically, if you ignored/forgot about all paperwork, NIPs, phone calls etc etc then you will eventually be summonsed for failing to provide. This carries a larger fine and 3 points. But insurance companies dont like MS90 codes as they can hide all manner of offences (such as 111 in a 70)

However. Even if you ignore the paperwork, plod can still come knocking on the door to have a chat. (The same would most likely happen if you sent the NIP back unsigned)

If you have already communicated, been visited by plod then dont give up in the first instance. Get hold of the full unedited video. Who knows you might get lucky and it have a lot of "fishing" on there or it might be pointing under your car or at a different car. I would seriously start working on mitigation too, i.e. do you have a disabled son, elderly parent, blind wife who all depend on your driving ? The court wont care about how it affects YOU but more would punishing you be detrimental to society. Dont forget that although you wont be claiming costs in the Scottish court THEY can't claim it from you so feel free to challenege everything on the video.
diggity
QUOTE
But insurance companies dont like MS90 codes as they can hide all manner of offences (such as 111 in a 70)


Do they look at banned drivers any more sympathetically?
Mike P
I have found varying levels of premium increase (i have been given an MS90 and am currently weighing up whether to accept or fight it) Best one increased my premium from £440 to £550, although a few dummy quotes indicated that the load will decrease over time. Run a few dummy quotes yourself and see what appertains - i think bans do generate more of a hike than points, but of course this varies from insurer to insurer
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