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FightBack Forums > Queries > Speeding and other Criminal Offences
bickershaw
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2008
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 13 days after the offence
Location of offence (exact location as it appears on the NIP: important): - BICKERSHAW LANE, BICKERSHAW,, WIGAN
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? -
How many current points do you have? - 3
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 have been advised (Steve Morris of the Adam Blair Group) not to complete the NIP, but to open dialogue stating that I do remember driving that route on the day in question, but am not aware of driving with excess speed.
Then to respectfully ask for photographic evidence; calibration certification; whether the operator was trained in its use; and whether he had permission to be carrying out this particular procedure.
I am unsure if this is appropriate at this stage since the NIP is merely asking me to confirm I was driving (I was, and am not prepared to lie) - Steve seemed most emphatic thgis was the best strategy, but I am still concerned that I would get 6 points & £1000 fine for not complying with Section 172. Who is correct?


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 v3.3.2: Fri, 15 Feb 2008 15:27:50 +0000
andy_foster
There is no requirement to use the form provided, although you must comply with the substance of any reasonable requirement made by or on behalf of the Chief Officer of Police. This includes reasonable requirements that the information required should be provided in writing and that it should be signed.

Whilst some people have been summoned for both the substantive speeding allegation and failing to provide the driver's details after providing the information in such a manner, we were at the High Court a couple of weeks ago and obtained a ruling that to prosecute for failing to provide in such circumstances is 'absurd' (which equates to unlawful).

Accordingly, there can be no danger of risking a conviction for failing to provide the driver's details, if you provide them in a signed letter, but I see little merit in Mr Morris' strategy.
In general, I would treat anything from Adam Blair and/or "Beat the Speed Trap" with the utmost suspicion.

edit: If you knowingly and wilfully state anything that is materially untrue in response to a statutory request for information, that is (amongst other things) a criminal offence under section 5 of the Perjury Act 1911. Bear this in mind if you do have a recollection of speeding at the material time.
bama
"In general, I would treat anything from Adam Blair and/or "Beat the Speed Trap" with the utmost suspicion."

Seconded.

and thirded..
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