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FightBack Forums > Queries > Speeding and other Criminal Offences
adz2k7
Ok here is the result from the wizard

siz e=3][b]NIP Details and Circumstances[/size]
What is the name of the Constabulary? - AVON AND SOMERSET POLICE
Date of the offence: - June 2007
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A4 SALTFORD, BRISTOL
Was the NIP addressed to you? - No
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 a named driver
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 - Basically didnt see the camera as it was hidden behind a bush! ..Occured at night.

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:

Generated by the PePiPoo NIP Wizard v2.2.3: Wed, 27 Jun 2007 20:14:10 +0100
[/b]


I couldnt fill in the NIP completley as it is my dads car and i am a named driver. But i am doing it on his behalf to save my neck! .. so any advice would be greatly appreciated...

Basically is there anyway of getting out of this?! I have had my license less than 2 years so if i take the blame would i be disqualified?? sad.gif ... what is the fine and penalty for this offence?

Can anyone recommend anything please? Ive heard about this hearing on friday, what is this all about?..

really depressed about this i really hope someone can help sad.gif

thanks in advance

adz
roythebus
Hang on, it it YOUR car or your dad's car? You say on the NIP Wizard you are the registered keeper, but then say you are doing it on behalf of your dad. what exactly are you doing on his behalf?

No-one on this site will encourage you to tell lies on a NIP or anything else, especially in a court as this will mena an enforced holiday at Mrs. Windsor's pleasure.

Follow the wizard's answer and wait for the result of the O'Halloran/Francis case on Friday, then watch this space.
adz2k7
No i am not lying or intending to lie. Sorry i did not make myself clear, what i meant was i was filling the NIP wizard out so i got maximum details on what to do. Im pretty sure i was driving, but i just want to know the best procedure to go about this to avoid getting them points on my name as i am just 18! .. does anyone know the fine associated with this speed?

and what will this case on friday exactly do? let us off speeding tickets?

many thanks again
Monster 900
If the NIP is addressed to your father he has to fill it in naming you as the driver. You will get your own NIP.
adz2k7
ok have got my NIP through, now what do i do?
Hotel Oscar 87
adz2k7

Well, that was a speedy reply so I assume that your father had already replied naming you as the driver? Either that or you haven't actually got your NIP yet and are fishing.

In order to address the issues you have raised we need some additional information:

1. Can you confirm that you don't have any points on your licence? This has a bearing on whether you may/may not have your licence revoked should you end up with a total of 6 points (or more) within the 2 years.
2. What speed is it alleged that vehicle was recorded at? This has a bearing on what the likely course of action is and whether you are liable for revocation, based on your answer to 1. above.
3. On what date did you receive your own NIP?

By way of some reassurance, Avon & Somerset operate Speed Awareness Courses and if you currently have no points and the recorded speed was below 36mph then you may well be offered one. It will still cost you £60 and day off work/college but there will be NO points to go on your licence. Given the time of day, even if the speed was a little above 36mph it would be worth asking if you could be offered a SAC as this not unknown.

The "case on Friday" relates to the legality of being forced, under threat of prosecution, to incriminate yourself by filling in the reply slip of the NIP, within the terms of the European Convention on Human Rights (Article 6). This is something of a side issue from your point of view, at the moment, but question 3 above is intended to find out what timescale we are likely to be working on as far as Friday's case relates to your NIP.

Lastly, perfectly willing to help but don't flannel about whether you were driving or not. If you weren't driving how can you say "Basically didnt see the camera as it was hidden behind a bush! ..Occured at night."
Bing o
Isn't the NIP Wizerd wrong? If he has answered No to "Was the NIP addressed to you?" then it should recommend the NIP Adressee to return it on day 27 by registered post naming the driver, not to fill in a PACE witness statement?

That would be my advice to the OP. 50 in a 30 is likely to lead to 6 points and/or a ban. The fine is menas tested, but work on about £250 plus £35 costs.

My other question would be what sort of camera was it? Gatso, Mobile Scamera etc.
adz2k7
thanks for the replies guys

Hotel Oscar 87:

ok now answers to your questions:

1. yes i have no points on my license..
2. as i said the speed recorded was 50 in a 30mph
3. Yes he had already replied and got it on thurs even though put i got it down before that - was just asking for info.

The speed was well over 36 so no courses for me im afraid, although id take that any day over the 3 points!!

So the case today would not help my cause at all?

Bing:

Yes as i said i filled in the NIP wizard to get max info.

6 points and 250?! sad.gif

My cousin sent his NIP off straight away for a 46 in a 30 and only got 60 quid and 3 points..

i guess that would not be too bad, but if its going to be 6 points then i dont want to do that...

can anyone please suggest anything? this is all thats on my mind 24/7!

thanks again

adz
adz2k7
anyone??
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