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FightBack Forums > Queries > Speeding and other Criminal Offences
robdown1
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2009
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A74(m) Glasgow-Carlisle road, southbound carriageway near to Holms Overbridge, Beattock
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
If your are not the Registered Keeper, what is your relationship to the vehicle? - Driver
How many current points do you have? - 3
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 - Heading south, a long day (had driven up ealry that morning from Oxford) and heading back to Oxford. keeping to the limit as best as poss, but was tired, attention wandered, all of a sudden I saw the van on the bridge in the distance, slammed on the brakes, think my speedo was reading around 85 before breaking

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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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: Sun, 18 Oct 2009 21:14:26 +0100
MartinHP71

You say you are not the owner of the Vehicle but you managed to get a NIP served on you within 7 days, do you know how it got to you so quickly ?

Secondly, even though you are not denying you were speeding what is the actual speed they have stated you were doing ?

Thirdly it will still be worth writing to them to ask for pictures to help identify the driver, keep it simple and don't use the word evidence or proof in your letter. I might help to see if the ping was okay and if nothing else you have a copy.

robdown1
I just had an NIP for speeding from a van on the A74 (m)Glasgow-carlisle road, southbound carriageway near to holms overbridge, Beattock, and yet there isnt a location that matches that on the D&G website and I am unsure if there was adequate signage in the area, it was me in the car and I know it is an offense to not give the information on who was driving but what options do I have to try to fight it?

Cheers!
glasgow_bhoy
Not signing the S172 form but filling it in isw an option. Read similar cases on here about that tactic- givin that you don't stay in Scotland may make it easier for you to escape the police vistits!
robdown1
they have quoted me doing 88 mph in a 70 limit, should I also asked for calibration proof? I heard the van cameras have to be calibrated every day, is this true?

Cheers!
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