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FightBack Forums > Queries > Speeding and other Criminal Offences
Roy2009
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2009
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A186 WESTGATE ROAD, NEWCASTLE
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
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 didnt actually know I had been caught until the letter arrived. I was in a hurry on the day in question, but the stretch of road I was on is a little deceiving because its fairly wide, and so I assumed it was a 40mph zone.

It states on my NIP I was recorded doing 41mph inside a 30mph zone.

I have only been driving for a year after passing my test, will this be taken into account by the person issueing the penalty points?



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: Thu, 19 Feb 2009 00:08:06 +0000
andy_foster
QUOTE (Roy2009 @ Thu, 19 Feb 2009 - 00:08) *
Will I have to resit my test

How many current points do you have? - 0

It states on my NIP I was recorded doing 41mph inside a 30mph zone.

I have only been driving for a year after passing my test, will this be taken into account by the person issueing the penalty points?


No.

Assuming that you complete the s. 172 response, naming yourself as the driver, you will receive a COFP - £60 fine and 3 points if you accept it.
Roy2009
I assumed the worst as I have been told 41 in a 30 zone is severe and could cost me my license. I will be sending this S172 form away asap, but is it worth adding an explanation letter of my thinking it was a 40mph zone?

Thanks in advance.
bama
probably not.

just do the form, get a COFP in the post and accept the 3 points and the fine by post (cheaper than going to court).

and start keeping an eye out for speed limit signs - the points count from the time of the offence so if you are going to accept the expected COFP consider that you already have 3 points on your licence now. one more slip it will be test retake time (and insurance cost related unhappiness)

unless you want to fight the ticket.
Roy2009
Thanks very much for both replies, I will do as you suggest.

Northern
If you total 6 points within the first two years of passing your test, only then will you have to retake your test, so keep an extra close eye on your speed, at least for the next year!
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