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FightBack Forums > Queries > Speeding and other Criminal Offences
Oscar28
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2007
Date of the NIP: - 16 days after the offence
Date you received the NIP: - 23 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A9 (T) INVERNESS/PERTH ROAD AT CUAICH, BY DALWHINNIE, HIGHLAND REGION
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? - COMPANY CAR
How many current points do you have? -
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 - 60MPH single carriageway. I had just overtaken a slow moving vehicle, returned to the correct side of the road, and my speed was decreasing when I passed the van. It was only after I passed the van that I realised it was a speed detector. It wasn't clearly marked, and was positioned perfectly to catch drivers overtaking at one of the few "safe" places on the A9 southbound to overtake.

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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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

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.

    Depending on your circumstances, you may wish to consider completing the form, but returning it unsigned. By doing so there is a risk that you will be convicted under s172, which would attract 6 penalty points and a fine; in most cases this is likely to exceed the penalty for the speeding offence itself.

    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.

    We have an Article that describes what is likely to happen when you respond to the S172 notice in more detail.

Generated by the PePiPoo NIP Wizard v3.3.1: Sun, 14 Oct 2007 16:51:57 +0100
The Rookie
As the wizard says, complete the NIP and return (just) within the 28 days allowedbut leaving it unsigned, be aware of what can happen (such as personal visits from the BiB) though....I would personally estimate that unsigned has a circa 90% success rate.

Simon
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