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Full Version: [NIP Wizard] Received NIP thought it was 40mph
FightBack Forums > Queries > Speeding and other Criminal Offences
RobGreaves993
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2008
Date of the NIP: - 22 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): - A34 newtown Row Nr New John St West. Twd Walsall, Birmingham
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? - Leased car
How many current points do you have? - 7
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 - Thought the road was a 40mph speed limit (Having revisited it is 40mph just before camera but then drops to 30mph)

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? - 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: Wed, 30 Apr 2008 17:21:08 +0100
jobo
it would help if you described the street lighting and where and what signage is in place, if this used to be a 40 but has recently changed

the road traffic orders and the road signs dont always equete, so it would be worth visting the LA and obtaining a copy and checking with an ordance survey or decent GPS exactly where the 30 limit starts. they have been known to 50m out
Easynow
Date of the NIP: - 22 days after the offence
Date you received the NIP: - 23 days after the offence


Forgive me if I misunderstand, but doesnt this mean that although you are required to return the requested information, the intended prosecution ends there as this is way outside the 14 day period?
southpaw82
No, since he's not the registered keeper. An NIP need only be served on the registered keeper within 14 days, not the driver.
Easynow
Ah. I had just been looking this up and came back to edit my post with the correct answer, and you beat me to it smile.gif
southpaw82
Advice: speedy and swift wink.gif

Unlike the much vaunted CJSSS: Criminal Justice, Speedy, Swift and Summary.
The Rookie
I would always advocate
1/ Writing and ask for "photo's to help ID the driver", it may highlight a problem, at worst you get a souvenir (don't ask for ‘evidence’ or ‘proof’)
2/ Reply giving all the info they want in a letter (inc ref numbers) so they can't use image recognition software on your form and have to work for a living!

The scammers are all on fixed budgets now, so the more work they have to put in to ‘do’ each ‘customer’ the less ‘customers’ they can ‘do’!

Simon
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