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Full Version: [NIP Wizard] 37 in 30. how devious can i be to avoid the conviction?
FightBack Forums > Queries > Speeding and other Criminal Offences
good citizen
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2008
Date of the NIP: - 12 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): - Limehouse link tunnel
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? - 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 - was doing 35 in between lanes on a motorbike. 30 limit in tunnel.

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: Wed, 21 May 2008 20:30:40 +0100
good citizen
hi guys, as an addendum to the above:

this is all hypothetical, but please consider the following:

a person (RK) gets a nip (as above) and is going to do the standard; asking for help identifying the rider, but...

the crime was committed on a motorbike. the person (RK) considers saying that they were not the rider, they had lent the bike to a buddy to test ride. the 'other' rider borrowed the leathers/kit of the RK so they both look identical on the bike.

then the RK considers saying one of the following:


+the person who rode the bike is from a far away place and has gone home. give name and address.

+the person riding the bike has run away with my rent ...i want them too. give former address.

+the person riding the bike has died. give name and address.

so hypothetically what are the chances of getting off with one of the above defences?

many thanks for indulging in the game..
Faraway
others will probably say the same if you want to chance this game then you could be looking at a long time not coming out of a place worse than the tunnel.
slushpuppy
+the person who rode the bike is from a far away place and has gone home. give name and address.

+the person riding the bike has run away with my rent ...i want them too. give former address.

+the person riding the bike has died. give name and address.


None of the above are a defence.
"Hypothetically speaking" you would stand a better chance of tasting porridge and showering with other men!

Your move.............
good citizen
hahaha nice replies.

you are right they are not a defense, but are they not showing reasonable diligence?

the acutal rider cant be identified as they look the same, the RK says they were not the person riding. the RK gives the name and address of the rider at the time. section 172 satisfied.

the NIP arrives at the new address and the person is dead.
or
the person lives far away, lets say outside of the EU.

what then?
would the authorities persue a non EU national at all?


in the case of death, do the authorities question the next of kin to find the whereabouts of the deceased on the date of the crime? surely they wouldnt do that for £60 an 3 points? but, would they do that to find out if the RK was chatting rubbish so they can persue them for a heavier punishment?
thanks again smile.gif
andy_foster
Before I put my big moderator boots on and either close the thread, ban you, or both, can you prove that your fictitious rider was insured?

Proving that you knowingly lied can be very difficult. Stitching you up for permitting a person, that everyone 'knows' wasn't really driving, to drive without insurance is very easy. Not only is there no requirement for mens rea, there's even a reverse burden of proof.
slushpuppy
I think that you will find that the "HaHaHa nice replies" are deadly serious.

There is every chance that such claims would be closely investigated and the stakes in the "game" would raise from £60 to something much higher.
Maximum for Perverting the Course of Justice is Life Imprisonment.

My advice is to stick to tiddlywinks.

Your call.
good citizen
faraway, slushpuppy, and andy foster.

thanks for your posts, i really appreciate it. smile.gif I thought my thread may be emotive and I do indeed understand that the repliers comments were serious, they were beautifully blunt and wonderfully worded. - that’s what had me chuckling!
Andy, thanks for not deleting the thread immediately and for your alternative look at my hypothetical question. I did a brief search for similar topics and couldn’t find any, perhaps you could leave mine as a dire warning for any other good citizen contemplating, what would happen if...?
..dark concrete places, porridge and showering with men. your move!

Game Over.
David P
As you were filtering rather than in the centre of the lane, comparing your position with the calibration marks in the middle of the lanes to verify the reported speed might be somewhat harder, I'd imagine?
Teufel
if you lie you will probably be caught and if caught convicted and if convicted

YOU WILL GO TO JAIL

dont do it and dont use this forum to discuss illegal activities - even hypothetical ones

they are not hypothetically illegal and you do not go to hypothetical jail
jobo
seem as you have given up on a dead friend driving

i think there are a number of issues to be explored

1people are some times a bit vague as to when NIP arrived, so count up again and verify when the NIP arrived , date of the offence is day 0 , if it was not recieved in 14 days there may be issues which invalidate it
2 write and ask for picies to help ID the driver, these will show if they have a good read on you

on a bike between traffic they may be issues as to which vehicle they have got they shouldnt proceed when there are two vehicles on the grid

for gatso there needs to be a secondary check using the lines on the road if these can not be clearly seen becouse of other vehicles then this may invalidate the charge

make sure you return
The Rookie
Some need to brush up a bit....the lines are an aid to the secondary check, but not a necesity for it......

Write and ask for photo's to help confirm the riders ID, don't ask for evidence or proof, then scan/photo the pics, wash of identifying details and post so we can make an educated comment.

Simon
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