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Full Version: First NIP - 97Mph in 70Mph on Motorway (M4) need advise
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OverAwy
1. Offence occured in Wales
2. Date - 13/08/2004
3. Date NIP - 06/10/2004
4. Date NIP Received - 9/10 /10/2004
5. Sent by first Class
6. Vehicle is a company vehicle
7. UK driving license held
8. Clean license at the moment
9. Description of events --->>>>

Okay, I started a new job at end of June 2004 it involves travelling the country each and every day (I do around 5,000 miles a month), in august I was still in my probationary period of 3 months, and after earlier traffic jams was running late for my appointment with a customer, so with my probationary period in the back of my mind, and thinking being late would not look good, I decided to risk it and put my foot down making sure the speedo never went over 100MPH.

Just my look I get a phone call in eptember from my boss to advise me I have been causht doing 97MPH on the M4 between junctions 34 + 35. I filled in my details and around the 9/10 October I received the NIP through the post stating Excess Speed of 70MPH CAMERA DEVICE and quoting Section 89(1) of the ROAD TRAFFIC ACT 1984.

I completed it and sent it back,

nearly four weeks on and still no word from the police, its been on my mind for ages and i didn't want the stress of not knowing what was going to happen over xmas and therefore I phoned them today to find out what was going on, they advised they received the form back confirming ?I was the driver and because of the speed i will get a summons and not a fixed penalty notice.

So now I don't know what to do, I have to have my car for work, it is mandatory. So I have a few questions

1. Is it usual for things to take this long? the offence was on 13/08/2004 and it is now 02/11/04 nearly 2/3 months on.

2. Is there any chance they may ask me to plead guilty through the post or will i have to go to court?

3. Would a letter from my employer stating a good reference and detailing why it would be damaging to ban me help?

4. is a solicitor a good idea?

5. is there any way out of this?

6. any other info you may provide would be helpfull!!

Thanks a lot in advance

Lee
OverAwy
BUMP

anyone help me? please!
flyin flea
....think we're in the same boat! http://forums.pepipoo.com/index.php?showtopic=3176
anton
Hi overawy,

first advice is dont write on your form just yet.
consider sending it back blank with one of these forms by SPECIAL DELIVERY just before your 28 days is up. Use your 28 days to read up on as many cases as you can.
also keep a copy of every thing.

no matter how consumed you are by your fate... do not contact the police or CPS to find out how it is going untill your speeding and section 172 have "timed out". You run the risk of getting your paperwork put on the top of the pile.

your nip has gone to the company first. try and find out what date they received thier copy

There is a lot of good info on these pages
Tamara-D
QUOTE (OverAwy)
1. Is it usual for things to take this long? the offence was on 13/08/2004 and it is now 02/11/04 nearly 2/3 months on.

They have 6 months to lay the information so you may not receive anything until early next year.
QUOTE (OverAwy)
2. Is there any chance they may ask me to plead guilty through the post or will i have to go to court?

You can plead guilty by post but you will have to attend the court when your time comes.
QUOTE (OverAwy)
3. Would a letter from my employer stating a good reference and detailing why it would be damaging to ban me help?

Yes it would. Your clean licence will also help. How long have you held your licence?
QUOTE (OverAwy)
4. is a solicitor a good idea?

Some have had success without one, but it would be better to get a solicitor.
QUOTE (OverAwy)
5. is there any way out of this?

Unless someone can spot a glaring issue with the summons when it arrives, there is no way out as you have already gone too far. Had you posted here when you first found out about the NIP then things may have been different.
QUOTE (OverAwy)
6. any other info you may provide would be helpfull!!

Read the FAQ page and get some advice from a solicitor. Wait for the summons to arrive and post here again with all the details just in case they have given you a get out.
Tamara-D
QUOTE (anton)
Hi overawy,

first advice is dont write on your form just yet.
consider sending it back blank with one of these forms by SPECIAL DELIVERY just before your 28 days is up. Use your 28 days to read up on as many cases as you can.
also keep a copy of every thing.

no matter how consumed you are by your fate... do not contact the police or CPS to find out how it is going untill your speeding and section 172 have "timed out". You run the risk of getting your paperwork put on the top of the pile.

your nip has gone to the company first. try and find out what date they received thier copy

There is a lot of good info on these pages,


Anton,

He already sent both NIPs back. They said they will be issuing a summons.
DW190
QUOTE
Just my look I get a phone call in eptember from my boss to advise me I have been causht doing 97MPH on the M4 between junctions 34 + 35. I filled in my details and around the 9/10 October I received the NIP through the post stating Excess Speed of 70MPH CAMERA DEVICE and quoting Section 89(1) of the ROAD TRAFFIC ACT 1984.


That was naughty your boss should have filled it in.
Tamara-D
QUOTE (DW190)
That was naughty your boss should have filled it in.

Thats what I thought. Trouble is he filled in and returned the subsequent NIP too, which is a shame. rolleyes.gif
OverAwy
Thanks for all the responses

What i'd really like to know is am I facing a ban or just points and a fine - this is my main issue

cheers

Lee
Tamara-D
QUOTE (OverAwy)
What i'd really like to know is am I facing a ban or just points and a fine - this is my main issue

Lee,

You were not offered a Conditional Offer of a Fixed Penalty so you would be looking at more than 3 points and £60. A ban is possible which is why getting a good solicitor will help you.
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