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Full Version: [NIP Wizard] Any point in challenging speed?
FightBack Forums > Queries > Speeding and other Criminal Offences
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2008
Date of the NIP: - 1 days after the offence
Date you received the NIP: - 2 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A74(M) Glasgow-Carlisle Road, southbound carriageway nearto North Overbridge, Junction 19, Ecclefechan, Dumfries and Galloway
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Recorded BUT NOT SIGNED FOR - POSTIE STUCK IT THROUGH LETTERBOX!
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 - Travelling south and noticed white van on top of bridge across motorway parked over north bound carriageway, with what must have been a speed camera. The letter states I was doing 96 mph although I thought/was sure I was doing around 86 mph.

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? - 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.

Generated by the PePiPoo NIP Wizard v3.3.2: Tue, 12 Feb 2008 09:53:15 +0000
You could try going down the unsigned route... Ask around to see what D&G are like about chasing up..

They will send reminder letters out treatening all sorts but not sure if they will get Strathclyde's finest to turn up at your door.... If they do just make sure your not in..

Wait 6 months then happy days... celebration time in the Cricklewood..
The Rookie
As the wizard says, unsigned is the advised way to go in Scotland, so you (or preferably someone else who will then write and sign a letter FOR YOU saying they filled it in) fill in all the details and return it unsigned.

Two things to be aware of:-
1/ They will call out your local plod to try and serve a verbal S172 request on you, if they do this you have to tell them, so you need to avoid them, be not in, and not return their requests for you to call, if you are in England then its worth asking the plod (if cornered) if they are authorised to serve this request for D&G, if they can't answer yes (even though they almost certainly are!) then you do not have to answer (any requestor has to be authorised by a chief of Police)
2/ There is no case law (In Scotland) that says the S172 response has to be signed, at some point the PF's offices may decide to go for a test case to set case law, in which case the penalty (if it succeeds) is 6 points and a circa £300 fine, my opinion is that until they see 'too many' unsigned they won't try for a test case as it will create publicity telling people about the 'loophole', but I think it will happen eventually.

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