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FightBack Forums > Queries > Speeding and other Criminal Offences
colin.barr
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2008
Date of the NIP: - 0 days after the offence
Date you received the NIP: - 0 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Brownlee Road, Law, Carluke
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
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 was ealy in the morning, arround 07:00. I was heading down hill into a 60 limit. The police officer caught me using his gun and also using the video equipment doing 54 miles an hour. The weather was fine and clear.

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? - 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, 25 Jun 2008 19:54:53 +0100
southpaw82
Was the NIP handed to you at the time (ie you were stopped) or was it posted to you? If so, when did it arrive? If it was posted, was it posted second class?
colin.barr
QUOTE (southpaw82 @ Wed, 25 Jun 2008 - 19:57) *
Was the NIP handed to you at the time (ie you were stopped) or was it posted to you? If so, when did it arrive? If it was posted, was it posted second class?



I was stopped and verbly given a NIP. I recived the paper NIP today 25/06/08. The envelop does not show the class of postage although it is stamped the 24/06/08?

I have been asked to please guilty or not guilty and have a dozen forms but have no idea the charge i am faceing...

The complaint says the following...

(001) on the 30 April 2008 at Brownlee Road, Law, Carluke being a restricted road in terms of section 82 of the road traffic regulation act 1994 as amended by section 126 and schedual 7 of the roads (scotland) act1984, you Colin Barr did drive a motor vehicle, namely motor car regestered number x23arl , at a speed exceeding thirty miles per hour, namely at speed of 54 miles per hour; country tot he road traffic regulation act 1984, section 81 and 89

As i said before, i have no idea what i am being charged with. IF it is a case i am going to get some points then fair enough, i will take them but if i face disqualification then i need to get myself a lawyer.

c
southpaw82
Speeding. You're looking at 6 points OR a short ban (14 - 56 days) AND a fine.
Meza
Six Points for speeding??..sorry never heard that before is it corect? as normally three isnt it?
southpaw82
QUOTE (Meza @ Wed, 25 Jun 2008 - 22:58) *
Six Points for speeding??..sorry never heard that before is it corect? as normally three isnt it?


Speeding carries a fine of up to £1,000 (£2,500 on a motorway) and 3 to 6 penalty points.
jobo
there are things you need to check before you give up,

i how far from the start of the 60 limit were you, the limits and the signage dont always agree, ie the 60 limit could have started well before the signage

were you in a system of street light in the 30, did these extend in to the 60

if may be worth going back and doing a reci take some pics and we will see if there any chance for you
Lexus_Ian
Colin, take it you were you heading out of Law towards Garrion Bridge,

Can you be certain they measured your speed within the 30 limit... it is a relatively short distance from coming over the crest of the hill to the exit of the 30.., where were they sitting when they measured your speed, in Birks Rd?

Also if you can change your header as you have put down 54 in a 60... should read 54 in a 30
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