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FightBack Forums > Queries > Speeding and other Criminal Offences
Topsy
NIP Details and Circumstances
What is the name of the Constabulary? - Northamptonshire
Date of the offence: - May 2007
Date of the NIP: - 5 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): - at B4100 Croughton Road, AYNHO
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 - Allegedly driving at 36mph in a 30 mph area. Detected by Speed Management Officer using "Speedscope" laser device.
States that self-check procedures observed, alignment check done, Motorola transmit inhibit switched on.
Additionally charged with failing to give information to identify the driver whereas I attached the witness statement giving that info to the form I returned to the police.
I've been sent the photographs and statements.


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:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.0: Fri, 21 Sep 2007 11:02:15 +0100
Topsy
The Court date is 19 October 2007 but my good lady has booked a weeks leave and we were hoping to leave on that day to go abroad. I don't suppose there's any chance of an adjournment is there?
The Rookie
Why do you want an adjournment? the first hearing is for pleading only, so plead by post and you don't need to attend.

Read up on Civilian operators as yours is clearly one of them.

You may want to ask for a PTR to address Middleton V bath and why that means they can't try you for both using the PACE ws as both acceptable and unacceptable.

Jones V DPP should also see off the S172.

Then you just have to fight the speeding charge if necessary.

Simon
Topsy
Many thanks indeed for that Simon, I don't usually like to pester people with my problems but it's all a bit new to me.

The two photographs I received of the rear of my car show that the initial reading was taken from close to the centre of the number plate but the second one, taken 4 seconds later was taken from a point about 44cm to the left and lower down. I don't suppose that could be evidence of a possible operator error could it? There are no speed markings visible on the road.

Any help greatly appreciated.

Philip.
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