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FightBack Forums > Queries > Speeding and other Criminal Offences
pistoff-driva
Hi All,

I would like to know people's advice on a dilemma I have. Over Xmas I received a white form (that I guess is a NIP???) indicating that I had been snapped doing 60MPH in a 50MPH zone. I can't remember doing these speeds but, due to a heavy workload over Xmas just signed the form with my details and sent it back to the BiB. This white (if it is a) NIP took a while to arrive, I am guessing because, I was in a rental car.

Since signing and returning the white NIP, I have now received a green document with a cut-off payment slip at the bottom and a 28 day deadline to pay and send my licence to them. After I had sent the white form back, is when I found this forum and then I realised that I could fight it.

So, my dilemma is...can I try and fight this and possibly use some of the delaying tactics to see if the case will be dropped? Or, because I have sent the white form back, I am doomed??

As an additional twist to this story, I am probably relocating to California in a couple of months time and thought that the fact that I will be living 6,000 miles away might give me some advantage if the case came to court.

What are people's thoughts?

Cheers,

PoD

AFCNEAL
Greater minds than mine will comment n due course, but IMO you have to balance off risk with this. It is a shame you responded quickly/already to the NIP. If I was you I'd wait until the last possible date to respond to the payment demand and then maybe send it off and 'forget' to date the cheque, or put a slightly wrong address on it (still get proof of posting though), in the hope that by the time the scammers respond you will be closer still to departing (or gone) from the UK. BUT - in any event you are running the risk of a prosecution in abstentia such that whatever penalty is imposed may be awaiting your return one day. Although I doubt you would be arrested on arrival back in the UK the points might still be applied or maybe even your credit rating damaged.

Assuming they're 'only' after £60 - is it worth the risk? Only you can decide..........
The Rookie
Please read the 'read this first before posting sticky' and then complete the NIP wizard (including the additional info/questions button) so we know the timelines....

It sounds like the white for was the NIP/S172 request, the green one a CoFP (Conditional Offer of a Fixed Penalty) if the 28 day expiry of that is more than 6 months after the alleged offence (unlikely) then you can safely ignore it, in the meantime good advice comes from good info, so NIP wizard please - as much as you can anyway!

Simon
pistoff-driva
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2007
Date of the NIP: - 21 days after the offence
Date you received the NIP: - 24 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A4232 Leckwith Southbound Roadworks
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - Rental Car
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 do not recall speeding, however, I was driving that route on the date of offence.

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? - Wales

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 v3.3.2: Fri, 25 Jan 2008 12:29:50 +0000
The Rookie
As you have alreday completed the NIP you can now only make one choice, to accept the CoFP you have, or ignore it, wait for the summons, and then fight it in court - but without much of an idea about the circumstances of the actual 'catch' its hard to be able to give you any hope of success.

Simon
Barking Mad
How long are you going to California for?
pistoff-driva
I am going to California for an indefinite period. I am relocating there for a job. Who knows if I'll be back:
  • A - in a couple of months
  • B - A year or 2
  • C - Never


Can I challenge the CoFP and ask for things like photographs etc etc? Or because I have sent the NIP back does this invalidate this methodology?

PoD
Glacier2
You can refuse the COFP and await the summons. At this point you can ask for the photos.
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