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Full Version: Help!Been caught on A9 in Scotland
FightBack Forums > Queries > Speeding and other Criminal Offences
ontheroadagain
I was recently(6/3/08) caught doing 92mph in a 60mph on the A9 Perth-Inverness road.I was surprised to get the letter as I never realised I was motoring that fast on what is a good open road but famous for mobile cameras.I sent a reply to the safety camera unit requesting a photo.They have replied to me today with the photo.It clearly shows me as the driver.Are there any ways of avoiding a ban or am I up shit street with a ban impending?It's a company car I was driving at the time.An help appreicated

spanner345
All pages of nip wizard please
Lexus_Ian
Bets advice is to return NIP back unsigned.

You will need to fill in the NIP wizard to get the best advice... Noticed that the offence happened back in March and you are now getting the NIP, hang on to it until 25 days before it's due and return it recorded delivery.
ontheroadagain
QUOTE (Lexus_Ian @ Tue, 27 May 2008 - 23:39) *
Bets advice is to return NIP back unsigned.

You will need to fill in the NIP wizard to get the best advice... Noticed that the offence happened back in March and you are now getting the NIP, hang on to it until 25 days before it's due and return it recorded delivery.


First NIP that came went to my head office within the 14 days.I said I think I was elsewhere at the time.They replied with photo evidence.Do I have any options left to avoid a ban????HELP ohmy.gif On the letter it says 'To negate the need to pass this matter to the Police in your area,I enclose a further Form B for completion and return by 30th May'
ontheroadagain
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2008
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A9 (T) INVERNESS/PERTH ROAD AT NUIDE STRAIGHT,BY KINGUSSIE,HIGHLAND REGION
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? - COMPANY CAR
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 -

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? - 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: Wed, 28 May 2008 14:16:51 +0100
Faraway
You might as the Rookie usually recommends send the scammers at around day 28 an unsigned letter with all the information required on the form and after taking a copy of the form staple the blank one to it. They'll come back at you for a signature and then its up to you to hold tight. They might send someone round to see you - so try not to be in and dont respond to any messages they leave to contact them.
ontheroadagain
QUOTE (Faraway @ Wed, 28 May 2008 - 15:52) *
You might as the Rookie usually recommends send the scammers at around day 28 an unsigned letter with all the information required on the form and after taking a copy of the form staple the blank one to it. They'll come back at you for a signature and then its up to you to hold tight. They might send someone round to see you - so try not to be in and dont respond to any messages they leave to contact them.


Done that waiting game.Looks like a ban then huh.gif
The Rookie
Have you responded unsigned? If so they do not yet have admissable evidence that you were driving, they will need to send the local BiB round to interview you, so don't be in (if you get my drift), don't respond to notes through the door asking you to call.

Unsigned has a good succes rate.

Simon
The Rookie
Result posted here 'summary' here assume that OTRA replied unsigned and was cited for speeding, which may or may not 'should have been S172' all advice he could have got here I suspect, but has paid for (no costs in Scotland).

Simon
ontheroadagain
QUOTE (The Rookie @ Mon, 23 Feb 2009 - 04:47) *
Result posted here 'summary' here assume that OTRA replied unsigned and was cited for speeding, which may or may not 'should have been S172' all advice he could have got here I suspect, but has paid for (no costs in Scotland).

Simon


I did indeed go unsigned but I recieved a citation stating that I did sign the NIP so I took advice from The Road Traffic Lawyer in Glasgow & after nearly a year the case has been deserted.Thanks to all who helped with advice especially The Rookie,Lexus_Ian & Jeffrey Archer.
The Rookie
Shame you went to the lawyer, you'd have got all the info you needed from here, still congratulations on 'nil point' as they say!

Simon
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