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Full Version: over 100- NIP received today.. NIP wizard done..
FightBack Forums > Queries > Speeding and other Criminal Offences
gav
hey peeps, right on the weekend i was traveling down a fast dual carriage way, over took a few cars..
prob doing 110-120 when i notice a 'camera safety van' parked in the central reservation. the side window was open and the camera/gun was pointing towards me.. i braked but prob still went past them at 70-80.
im pretty sure they were doing my side of the carriage way, do they only do oncoming traffic, or both..?
i think the carriage way is a 50 aswell.. im really worried, coz i cant lose my licence coz i wont be able to get to work. what will i get for over a 100? also how far down the rd do they get u at... thanks
djtaylor
QUOTE (gav @ Mon, 20 Aug 2007 - 18:33) *
do they only do oncoming traffic, or both..?

can do both.
QUOTE
i think the carriage way is a 50 aswell.. im really worried, coz i cant lose my licence coz i wont be able to get to work. what will i get for over a 100? also how far down the rd do they get u at... thanks

Up to 1km though typically not that far. Is there any particular reason you didn't apply the "getting to work" thought process before more than doubling the speed limit?! smile.gif

You'll just need to sit and wait for the next 14 days to see what plops onto your doormat. The speed you quote would suggest a ban.

David.
andy_foster
Step 1. Wait to see if you get a NIP.
Step 2. Post back (including the results of the NIP Wizard) if you do [before doing anything with the form.
gav
yes i am stupid i know.....
ok i will wait for the 14 days and see..thanks
gav
right ive received NIP today... says i was doing 104 exceeding 70mph on dual carriageway.. wot do i do now??
viper
try posting some details. Use the nip wizard
andy_foster
QUOTE (gav @ Fri, 24 Aug 2007 - 19:23) *
right ive received NIP today... says i was doing 104 exceeding 70mph on dual carriageway.. wot do i do now??



QUOTE (andy_foster @ Mon, 20 Aug 2007 - 18:48) *
Step 1. Wait to see if you get a NIP.
Step 2. Post back (including the results of the NIP Wizard) if you do before doing anything with the form.
gav
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? - England

says to take pace witness statement??
wot is this...
gav
ok ive read about pace witness statement from the link provided..
so i fill it in, print it off, and send it off with the NIP?
do people have sucess with this, or can u get in to more trouble?
sorry for all the questions im new to this.. thanks in advance for any help..
andy_foster
Can you re-do the NIP Wizard and answer the "Additional Questions"?
djtaylor
QUOTE (gav @ Fri, 24 Aug 2007 - 20:07) *
ok ive read about pace witness statement from the link provided..
so i fill it in, print it off, and send it off with the NIP?
do people have sucess with this, or can u get in to more trouble?
sorry for all the questions im new to this.. thanks in advance for any help..

People will help but there's also a reasonable onus on the poster to read around on here a lot. Remember, these questions come up over and over and over and it's not unreasonable to expect people to search for other similar cases and try to understand what the issues are.

Read the FAQ, read the "what happens after I send the Pace statement back" etc.

All this has been answered before.

The registered keeper has a legal obligation to respond to the S172 request to identify the driver, HOW this is done is what the PACE statement achieves in a manner which is NOT the tidy "self confession" form that the police would like you to use, however it's your responbility to attempt to understand the reasons why and people will help you with that understanding.

David.
gav
NIP Details and Circumstances
What is the name of the Constabulary? - wiltshire police
Date of the offence: - August 2007
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A350 PRETTY CHMNEYS (NORTHBOUND) NR JCT 17 OF M4 MOTORWAY
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? -
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 heading towards motor way, on dual carriage way as said..
i had just over took a 3-4 cars on outside lane of dual carriageway, come around the corner and there was a safety camera van in central reservation, i broke but obviously it was to late...the road in front was clear and empty from traffic..


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: Fri, 24 Aug 2007 20:36:37 +0100





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? - England

gav
QUOTE (djtaylor @ Fri, 24 Aug 2007 - 20:29) *
QUOTE (gav @ Fri, 24 Aug 2007 - 20:07) *
ok ive read about pace witness statement from the link provided..
so i fill it in, print it off, and send it off with the NIP?
do people have sucess with this, or can u get in to more trouble?
sorry for all the questions im new to this.. thanks in advance for any help..

People will help but there's also a reasonable onus on the poster to read around on here a lot. Remember, these questions come up over and over and over and it's not unreasonable to expect people to search for other similar cases and try to understand what the issues are.

Read the FAQ, read the "what happens after I send the Pace statement back" etc.

All this has been answered before.

The registered keeper has a legal obligation to respond to the S172 request to identify the driver, HOW this is done is what the PACE statement achieves in a manner which is NOT the tidy "self confession" form that the police would like you to use, however it's your responbility to attempt to understand the reasons why and people will help you with that understanding.

David.




ok thanks, yes i understand now what the pace statement does, it is another way of given the evidence that they want, but not on their shiny new form..
i will search forum for more advice and cases..
andy_foster
Under s. 172 Road Traffic Act 1988, you are required to 'fess-up to being the driver at the material time.
If you fail to comply with this requirement, it would be extremely difficult to convict you of the substantive speeding allegation, but you'd be done for failing to 'fess-up - 3 points and ~£300 fine.

If you name yourself as the driver, and sign the response, you will have complied with the legal requirement to 'fess-up, so won't be getting the 3 points, but would be likely to be convicted of the substantive speeding allegation - for speeds of 101-110 in a 70 limit you'd be looking at 6 points of a short ban (14-56 days).
The Rookie
I concur with Andy on what he has just said, if you 'decline' to name the driver (not sending the form back, or replying at all being the best way!) at the time of the offence the penalty is only 3 points (fine about £300) as with nearly all offences a straight ban is possible but only likely if you had previous history.

The alleged speed would be irrelevant as its not proven in court, nor related necesarily to the accused of an S172 offence.

Simon
Barking Mad
I would concur with the other learn-ed folk on here


Don't do anything. Ignore everything.... And when you get the summons for 172, take the 3 points
djtaylor
QUOTE (Barking Mad @ Sat, 25 Aug 2007 - 23:16) *
I would concur with the other learn-ed folk on here


Don't do anything. Ignore everything.... And when you get the summons for 172, take the 3 points

While not wishing to offer any advice, a colleague of mine was done for S172 and took a 500 quid fine plus the 3 points and got his insurance very heavily loaded and on another thread here, someone else mentioned having difficulty getting insurance for an MS90 offence.

Having said that, I have no experience whatsoever of the insurance situation with regard to an MS90 versus say a ban as a result of totting up.

Why not play with the online insurance quote sites and see what the best insurance impact is upon a previous ban vs. MS90 and then use that as additional info upon which to base a decision?
gav
thanks for the recent replies, im going to sit on it for a while, and look into the pros and cons.. after all i have 28 days..
gav
hi .. well i have a court summons..after 5 months or so?
is it best to plead guilty by post or go to court.. and plead guilty??
The Rookie
Plead guilty by post, if you go to court, it will be hard to say anything without making the situation worse!

Simon
davepoth
QUOTE (The Rookie @ Tue, 19 Feb 2008 - 13:15) *
Plead guilty by post, if you go to court, it will be hard to say anything without making the situation worse!

Simon


Hang on there, it does really depend on what the OP is summonsed for...wink.gif
saracengb
QUOTE (gav @ Tue, 19 Feb 2008 - 13:10) *
is it best to plead guilty by post or go to court.. and plead guilty??


I'd concur with the Rookie on this one. It's not like you could go along and offer mitigation. They'd still give you three points. Fine will be a lottery though. But again turning up might make it worse for you as already stated.

HTH
saracengb
QUOTE (davepoth @ Tue, 19 Feb 2008 - 13:25) *
Hang on there, it does really depend on what the OP is summonsed for... wink.gif


Hmm - I suppose we've assumed it was S172. Let's see eh?
The Rookie
Foregone conclusion if you read the thread.......

Simon
gav
thanks for ur replys.. i was thinking to do it by post..
i also would acquire more costs by going to court?? i.e court costs..
and also a day off work...
The Rookie
Please clarify that it is the S172 you are summonsed for ONLY (read carefully)...

if you plead guilty they will be awarded costs totalling about £50 (it will be more if you plead not guilty and go to trial) whether by post or in person.

Simon
gav
Simon.. it says on the NIP, S172 Notice.. is that correct then?
can u recommend anything to write on the mitigating form? thanks..
andy_foster
Hopefully minor point - what does it say on the 'statement of facts'? You need to check that the date of the offence (or latest date if they give a range) is before 24/09/2008.
Can you also confirm that you have been summoned for s. 172 only. No second charge on the summons, or duplicate summons which on closer inspection is for the substantive speeding allegation.
N.B. A speeding allegation wouldn't get anywhere, unless you failed to enter a plea, or pled guilty without realising.

You've already done the 'mitigation' - you've 'mitigated' either 6 points or a ban into 3 points by failing to identify yourself wink.gif
I don't think that there's anything that you could say in mitigation that would help and not constitute perjury.
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