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FightBack Forums > Queries > Speeding and other Criminal Offences
simon_b
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2009
Date of the NIP: - 12 days after the offence
Date you received the NIP: - 13 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A45 Coventry Rd.Appr Old Damson Lane.Twd B'ham, Solihull
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? - 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 - On the way to airport parking @ 0320. Speed limit changed from 60 to 40 without noticing. Clocked @ 53mph.

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: Wed, 04 Nov 2009 08:45:16 +0000
nemo
An alleged 53mph in a 40mph limit would qualify to be dealt with by Conditional Offer of Fixed Penalty - 3 points & £60.

You ask the 'best way forward' - as advised by the NIP Wizard, you need to provide written (and signed) confirmation of the driver within 28 days of date of service of the NIP / s.172 request. Failure to do so would see you liable to prosecution for failing to provide driver details. This offence is entirely separate to the alleged speeding offence and carries 6 penalty points and a fine upwards of £300 upon conviction.

I assume that it is more than 2 years since you first passed a driving test ?

simon_b
Thanks for the quick reply.

This was the GF, she has been driving for over two years so theres no problem of that!

Would it be best to ask for the photo to try to verify who was driving at the time of the alleged offence?

Is it know with West Midlands Police that if you wait till near the 28 days to return the s.172 they may offer the driver awareness course?
nemo
QUOTE (simon_b @ Wed, 4 Nov 2009 - 11:23) *
Would it be best to ask for the photo to try to verify who was driving at the time of the alleged offence?

There's no harm in writing and asking for 'copies of any photographs which might assist with identification of the driver' (and don't ask for 'evidence' or 'proof').

But since you already appear to know who was driving, and unless the photos show a clear issue which you could use to your advantage, then any images they send are likely to be little more than souvenirs.

QUOTE (simon_b @ Wed, 4 Nov 2009 - 11:23) *
Is it know with West Midlands Police that if you wait till near the 28 days to return the s.172 they may offer the driver awareness course?

Aside from the fact that, at the last time of asking, West Midlands SCP did not offer such courses, an alleged 53mph in a 40mph limit is beyond the threshold at which SACs tend to be offered anyway (typically limit plus 10% plus 6mph).
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