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FightBack Forums > Queries > Speeding and other Criminal Offences
lotusk
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2009
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A406 North Cir Road N3 near j/w A1000 EB (7584)
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 - I was driving in the outside lane.

What is the best cause of action here? Is it worth asking for callibration certificate? How many points am I likely to face?


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: Sat, 07 Feb 2009 10:32:48 +0000
nemo
QUOTE (lotusk @ Sat, 7 Feb 2009 - 10:32) *
What is the best cause of action here? Is it worth asking for callibration certificate?

You can ask, but they are under no obligation to provide copies of anything unless and until a summons has been served on the accused in respect of the alleged offence and a plea of not guilty has been entered.

The usual advice is to write a short and polite letter [to The Met] and request 'copies of any photographs which may assist with identification of the driver'. Keep the letter to the point and avoid use of the words 'proof' or 'evidence'. There is no guarantee that they will send you photos, but most forces seem happy to pop a snap or two into the post if they consider the correpondence to be genuine and meaningful.

If you do request photos, keep an eye on the 28 day response clock which started ticking the moment you received the s.172 request. This period will not be automatically extended nor will the clock be reset or frozen simply because you have issued a photo request.

QUOTE (lotusk @ Sat, 7 Feb 2009 - 10:32) *
How many points am I likely to face?

The alleged speed would qualify to be dealt with by Conditional Offer of Fixed Penalty - 3 points and £60, should you choose to accept.
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