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FightBack Forums > Queries > Speeding and other Criminal Offences
WeeTee
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2009
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M9 Polmont
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 - Caught by van with speeding camera on motorway (70 mph limit). Recieved NIP this morning stating 95 mph. Had to call to ask a question about form and whilst on call happened to ask nice lady if that's likely to be fixed penalty (I realise now I shouldn't have): she said no will be referred to Procurator Fiscal.

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, 18 Mar 2009 11:54:20 +0000




Hey there. Just wondering what sorta sentence/fine/points I'm likely to get? I've had my licence for a year and a half.
Hotel Oscar 87
Although this is clearly in Scotland and ACPO's remit extends only to England and Wales, ACPOS (the ACPO counterpart north of the border) tends to follow ACPO's lead. According to the ACPO speed enforcement guidelines the threshold for prosecution (in a 70mph limit) is 96mph. Whilst the matter may well be referred to the PF I would suggest that you may still be offered a COFP (by the PF).

If the matter was to go to court then the standard guidelines (at the speed alleged) would suggest a sentence of a Band B fine (125-175% of your "relevant weekly income" = Gross salary minus tax and NI only), 4-6 points OR a short term ban of between 7 and 28 days. Obviously you would prefer to avoid the 6 points and if the matter got this far then you may well be able to point the court towards a short term ban rather than imposing the points.

You are correct to state that currently going "unsigned" remains an option. You would have to be "out" to the police for the next 6 months as they may pay you a visit(s) in an attempt to issue a verbal Sec. 172 request. There are numerous threads here outlining people experiences as far as this course of action is concerned.
WeeTee
Thankyou very much for the fast and informative reply.

What do we reckon is most likely? A COFP or court action?
The Rookie
95 is on the cusp, a reading of 95 means between 95mp and 95.99mph, strictly ACPO guidelines say CoFP to 95, so you are over that, but some forces interpret it differently and send it for a reading of 95 anyway.

Search for '95mph' and 'central scotland' to see if here are any similar cases!

Simon
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