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FightBack Forums > Queries > Speeding and other Criminal Offences
rough
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - october 2009
Date of the NIP: - 6 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): - a9, edinburgh/perth road, dunblane, district of stirling at a part near to allan water.
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Recorded
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 was driving on the outside lane at approx 80mph as soon as saw the van i slowed down to 70mph.

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: Mon, 09 Nov 2009 18:38:46 +0000
jobo
confused by the 66 days it took to arive and your statment you got it within 14 days
rough
QUOTE (jobo @ Mon, 9 Nov 2009 - 18:43) *
confused by the 66 days it took to arive and your statment you got it within 14 days

My bad edited. thanks


jobo
try again

is it 70 days or 7

time for a new key board i fear
rough
Think i need to calm down as well might help.
jobo
think your right

it happend in august and you got the nip no later than early sept ???
what has occurred since
rough
And yet another edit. It happened last week. 31/10/09
rough
Just had another thought. i was wearing sunglasses and a baseball cap. could i not plead that im unsure who was driving and ask for evidence? surely if the drivers face is not clearly visable i might avoide it.
Pete D
The video recording is not used to ID the driver, that is your responsibilty. If you were driving the car at that time and location then you need to fill in the nip and return it. You could return it unsigned but you may/will attract unwanted home visits from the BiB for anything up to 6 months. Read up on the unsigned route. In what county do you live, if it is not in Scotland they may give up after a few calls but in Scotland they are more likely to keep calling. Pete D
Gan
Pepipoo never recommends deliberate attempts to mislead.

It leaves the driver open to charges of "S172 failure to furnish" with 6 points and £500 fine at best, or "Perverting Course of Justice" with possible imprisonment at worst.

You have the option in Scotland of returning the form naming yourself but unsigned although you may still be summonsed. You can also sign it and either accept the £60 and 3 points or take it further with a Not Guilty plea. Don't know if the region does Speed Awareness courses as an option.

What you decide depends on how much effort it's worth putting into £60 + any insurance hikes.
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