Help - Search - Members - Calendar
Full Version: 82MPH in a 50
FightBack Forums > Queries > Speeding and other Criminal Offences
bub1
Hi, my wife was driving my vehicle and was driving at 82mph on a 50zone, this was on the M4 near Tolls Plaza Rogiet Monmouthsire. I have received a NIP for this but havent replied yet. I know this doesnt look good. My wife has a clean licence but i have a funny feeling she might lose her licence now or get loads of points. This was send on the 1st April so I need to do something quickly. I only managed to get hold of the letter today

This is what the wizard says

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? - No
Do you know who was driving? - Yes

Any help before I reply would be appreciated

bub
7159keith
Right now you only need to name her on the NIP you have then come back on when she has her own NIP. Send your reply back as late as possible but make sure it arrives within 28 days from the NIP date.

It is also advisable to do the full NIP wizard as there are crucial bits of info missing e.g. date of offence, location as described on the NIP. No one-can advise you on these key points if you do not provide the info.

Keith
bub1
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2008
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 30 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M4 near Tolls Plaza Rogiet Monmouthsire
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? -
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 - It wasnt me driving it was the wife, she doesnt even know where thete are 50mph speed cameras on the motorway, she presumed its 70mph

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? - No
Do you know who was driving? - Yes

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Complete the Section 172 statement naming the person you believe was driving.
    You aren't incriminating them - they'll receive a NIP to complete themselves in due course.

    (You might also like to let that person know that they can expect to receive one, and give them the link to this Wizard for when it arrives!)

Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 01 May 2008 12:13:34 +0100
The Rookie
The approach to the tolls is a 50 for about the last 2/3 of a mile when heading west.

Name your wife as late as possible within the 28 days permitted.

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
bub1
Thanks for reply, do I ask for photos for the driver now when I reply to them with the nomination of driver?

regards
bub
southpaw82
QUOTE
Did the first NIP arrive within 14 days? - Yes


QUOTE
Date you received the NIP: - 30 days after the offence


Can you clarify that?
bub1
I was away and didnt pick up my mail until today but the NIP was sent to me within a week. I know ill get in trouble for not replying within 28 days though
jobo
your not late yet,

if its dated 9 th it would not have arrived till the 10 at the earlist so you got about another week
The Rookie
You need to ask for photos staright away, you can't ask for them to help ID the driver if you have already ID'd the driver!

Simon
bub1
Thanks for replies, got a reply from the scammers stating that I have forgotten to put an address with the named driver that commiteed the offence (my wife).
Shall I wait another 28 days before giving these details and shall I include a letter now asking for photgraphic evidence of the offence and for a caliberation certificate, I realise I shuld have asked for this before but I would like to see for myself a pic of the car committing the offence?.

Thanks

bub
The Rookie
Well you can't now ask for photo's to help ID the driver when you have alraedy can you!

If what they have sent allow you 28 days, then use them, if not don't or you could be in court on an S172 (6pts/£300 ish fine) summons!

Simon
bub1
thanks for reply but cant I still ask for some kind of evidence of the offence. I would actually like to see a pic of the offence, not who was driving. Also am I not entitled to see a calibreation certificate?

thanks

bub
jobo
you can ask
some will send you stuff, some wont

try and see

if you want stuff they wont send you will have to decline the cofp and go NG
bub1
QUOTE (jobo @ Mon, 12 May 2008 - 19:45) *
you can ask
some will send you stuff, some wont

try and see

if you want stuff they wont send you will have to decline the cofp and go NG



Sorry what does cofp and NG stand for?
Keds
cofp = conditional offer fixed penalty
NG = Not Guilty
nemo
QUOTE (bub1 @ Mon, 12 May 2008 - 19:23) *
thanks for reply but cant I still ask for some kind of evidence of the offence. I would actually like to see a pic of the offence, not who was driving.

The safest option (as in you avoiding being prosecuted for failing to provide) may be to nominate your wife within the permitted timescales and, when her NIP / s.172 request is received, writing a letter asking for 'copies of any photographs which may assist with identification of the driver'.
bub1
Thanks again for reply this is the letter they sent me for not including the address of the alleged driver

http://aolpictures.aol.co.uk/galleries/bub...p5Fd3Ig=/large/

do I have 28 days to reply from this letter aswell because it doesnt say anything in this letter how long I have to reply by

Thanks
bub
The Rookie
No you don't have 28 days to reply, so reply ASAP unless you would like a summons for the S172 offence of failing to furnish drivers details.

Simon
bub1
ok ta will post out today
bub1
The wife has now got her Nip. We are going to sit down and write a letter to send with the Nip, in the letter will be a bit of grovelling and asking for picures of the offence. My wife was travelling with our twins (8years old) and our 6month old baby. My eight year old had been car sick on the journey, I wasnt travelling with them, anyway the baby was crying aswell so all my wife wanted to do was pull up in the nearest service station. Not taking full notice of the signs because of the distractions she thought the motorway was still 70mph. When receiving the Nip she obviously thought she had exceeded that speed limit (which can quite easily be done on the motorway).
Im going to include this in the letter which is the truth but as to whether it will do any good I will have to wait and see.
Shall I wait 28 days again before sending back my wifes Nip.

Thanks
bub
The Rookie
To be honest, they have heard it all before, and they won't bat an eyelid at it, you are not entitled to see any evidence until after a summons, so as before, if you want photo's 'to help confirm teh drivers ID' write now!

Simon
bub1
thanks for reply, looks like they are heartless greedy sods who are only interested im making money not making the roads safer
Transit man
QUOTE (bub1 @ Mon, 19 May 2008 - 16:48) *
they are heartless greedy sods who are only interested im making money not making the roads safer


Yep biggrin.gif
The Rookie
Apart from the fact they make no money from fines that is of course!

Simon
chiarakara
I got six points and a fine for driving at 84mph on the M11 on my way back from a wedding at 3am. I had thought it was a 70mph limit when in fact it was 50mph on that particular stretch (apparently), therefore I was 34mph over the limit.

If your wife has a clean license it is by no means definite that she will lose it because of this one offence.

Good luck!
bub1
Hi all,the court case came up, she pleaded guilty by post beforehand, we also wrote a letter with the plea issuing an apology and a few exuses. Anyway the courts it seems are not satified with that. They have issued another court date for her to attend. The thing is she is 7 months pregnant and we have 3 young children aswell so travelling to Newport to go to court from London is not something we can do easily.
We thought about it and maybe she will be better off with a ban if its for 3 months as she is not comfortable with driving at the moment because of the pregnancy. If she does receive a ban does that mean she will have no points on her licence when she gets it back?
Also she recently got done doing 42mph in a 30mph zone, its a funny road as it looks like an A road and most of it is 40mph and sign posted but the bit she got caught on has no signs saying 30mph so I have always presumed its 30mph. I was in my car right behind her when the mobile van took the picture, I was also speeding but because my car was too close to hers I luckily escaped it.

Heres a copy of the letter the court sent

bub1
would love some advice please as dont really want to fgo to court.

Thanks smile.gif
BaggieBoy
She really doesn't have a lot of choice in the matter, if she doesn't turn up then it's possible a warant for her arrest will be made. It might be best just to bite the bullet and turn up and get the matter out of the way.
arthurc
If I were in your situation I would get in touch with the court straightaway - you need to speak to the listings office - and ask for an adjournment because of your wife's medical condition and the distance involved. Tell them you are prepared to provide medical certificates but that she has been advised not to travel.

The court people are just doing their job and they do try to be helpful so I think they would agree. Do follow up any telephone conversations with a fax (ask them for their fax number) or a recorded delivery letter, to confirm.

The reason why they have asked your wife to attend is because there is a possibility that they may take her licence away, be in no doubt about that. You need to read the stuff on this site about mitigation and when she eventually gets to court - be prepared to grovel.

Hope that helps.
bub1
Thanks for reply, I did phone the court today and spoke to someone there who I have made a note of his name. Anyway he said that it is not necessay for my wife to attend court. He said that the reason the case got adjourned is because the magistrates most probably wanted to ban her and because she wasnt there to attend they like to ban you to your face. Anyways he advised me to state in the letter that she will be happy for the case to be dealt with in her absence and to include in the letter that she realises that a ban is a possibilty.
I have drafted a letter which is ready to be faxed to the court, its got all the grovelling in it and exuses. The thing is I think we would prefer a ban as my wife is 7 months pregnant so really shouldnt be driving. I just hope if she does get a ban it for 3 months not more. The other option for the magistrates is 6 points but because she is about to get 4 points more because of the other speeding offence that will make it 10 points in total, if she was to get caught 1 more time it would be an immedate 6 month ban. Thats why a ban for this offence would be better for us.
I was wondering if she does get a ban for the 82 in a 50 will she definately have no points when she gets her licence back?

Thanks
bub
southpaw82
If a ban is imposed for this offence then no points will be awarded as well. However, any other points on her licence will not be wiped off by this ban.
bub1
ok thanks, definately a ban is the better option then. The only problem is that our insurance will most probable double with a ban were as points wouldnt affect it much.
Cant have it all I suppose
bub1
Court case was yesterday, my wife didnt attend even though it was clear she had to. They must have read the letter I wrote exusing her from attending.
Anyway got a real result, she was banned for only 2 weeks, so no points, she is really happy with result.

Thanks for all replies and help

bub
arthurc
Well done for getting the result that you wanted, although it seems odd to say that to someone who has just been banned. As you say, it was the best result for you.
bub1
QUOTE (arthurc @ Wed, 19 Nov 2008 - 09:08) *
Well done for getting the result that you wanted, although it seems odd to say that to someone who has just been banned. As you say, it was the best result for you.



Surely a 2 week ban has to be better than 6 guaranteed points, especially since the wife has 4 more points coming up.
NeilNeil
I should have thought a 2-week ban would be much better than points. A clean licence afterwards so off to the races thenceforth - whizz!
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.