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FightBack Forums > Queries > Speeding and other Criminal Offences
Teejayuk1
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2008
Date of the NIP: - 7 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): - A4174 Bromley Heath
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? -
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 had been followed for a number of roundabouts by a group of males in another vehicle, the driver of which was driving erratically and I felt intimidated by them as the driving was far from safe. I had been stuck behind other traffic so unable to get out of their way before, but following the traffic lights on the roundabout there was clear road ahead, so I put some distance between that car and mine. I was not paying attention to my speed at the time as I was more worried about what I had just left behind. When I saw the mobile speed camera van, I checked my speed and slowed down, as I was well above the speed limit.

Suspecting that I had probably been caught by the camera van, I waited until I had got home (as it would have been dangerous to call whilst travelling; and I was only 15 minutes from home) I called the Avon & Somerset constabulary by their non-emergency number to explain what had happenned, the operator I spoke to said that I could have made up my story as a means to get out of the fine, so she would not do anything as I couldn't prove it either way and was told that there was nothing they could do unless I wanted to report the other vehicle for dangerous driving and they would make patrols in the area aware of the vehicle. Since I was unable to give anything other than the vehicle make and model I thought this would be pointless.

I shortly afterwards recieved an NIP and then requested copies of the photographs, as entitled to do so. It does look like my vehicle in the photos, but the numberplate is not 100% legible in either one (there were 2 provided).

I completed the NIP, request for driver details and returned it in November (before the deadline) and had this acknowledged by a note stating that the vehicles recorded speed was too high to be settled by way of a conditional offer and that my case would be considered for prosecution and notified in due course.

Today I have recieved the Court Summons, which seems a massive coincedance in that it is dated 22/04/09 - exactly 6 months and 1 day after the date I recieved the NIP.

It also appears that there are things missing from the 'summons pack'. It says "Written statements have been made by witnesses named below and copies of their statements are enclosed", but they're not. Should these be included? It also says "names of witnesses whose statements are enclosed: NIP & Photographs, CEO 7627 Nathan Coffin Section 20 Certificate, Dawn Swanborough DS1, DS2." but again, no sign of these.

Does anyone have any advice?


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, 23 Apr 2009 20:18:30 +0100
southpaw82
Trying to run a defence of duress under those circumstances would be near pointless. It would only begin to have a chance of success if you could demonstrate an immediate threat.

The date of the summons is a coincidence, and only that. Any six month limit applies only to laying an information with the court, not the production or service of a summons.

Whilst service of witness statements with a summons is good practice it is not required. Indeed, no evidence need be provided until the initial hearing, in accordance with the new advance information rules (sticky at the top of the forum).
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