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FightBack Forums > Queries > Speeding and other Criminal Offences
drumduff
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2009
Date of the NIP: - 28 days after the offence
Date you received the NIP: - 61 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? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - Assigned user
How many current points do you have? - 9
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 - High mileage driver travelling back from Northern Scotland down A9 heading back home. Time of offence was at 15:20:40Hrs
Road is a dual carriageway from Perth with a 70mph limit. Speed detected was 89mph.
Did not recieve initial NIP that was sent on 15 Oct 09. Received reminder on 17 Nov 09 re-issue dated 13 Nov 09. Given 14 day extention above 28day reply.


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: Wed, 18 Nov 2009 19:22:16 +0000
drumduff
I have contacted a motoring lawyer who has advised that I send the driver nomination form. This I will do before the end of the 14 day extension. Could some one please advise what I should do next. I have also been quoted £2.5k fees to see through the case which I will really struggle to find due to the current climate.
If I lose my license it would mean I will lose my job as I live a long way from work and can't get there using public transport.
I am in a specialised role managing teams of skilled workers across Scotland and am responsible for setting up all their jobs as well as ensuring they all work safely. If I do lose my job the company will really struggle to find a replacement.
Could some one please advise what are the options or do I need to pay the £2.5k for a guy to handle it.
southpaw82
If you follow the advice of the Wizard you may not end up in court at all.
drumduff
Great result this week. My speeding case became time barred as my lawyer put it. Case binned! Cost me £200 on traffic lawyers fees but when your job is on the line and you're stressed out I would recommend using a competant motoring lawyer evertime!
nemo
Are you saying that the actions of your solicitor had a direct bearing on the matter timing out ? If so, do you know what he did to influence this ?
drumduff
Not sure but the lawyer guided me through the process and helped calm my nerves!! They instructed me to ignore the fixed penalty offers etc. It's not easy if you don't know the ins and outs as you're always thinking whether you're getting yourself into more bother. That's what they really helped with. Once the citation came through they took it from there. One thing they did find is that the official chaps tried to get away with serving the citation on the last day. It was stamped that day by the police as being delivered but didn't reach me until 2 days later. It was the lawyer who immediately picked up on it. I'm sure they had hoped that it would get overlooked but got caught! laugh.gif
peterguk
QUOTE (drumduff @ Fri, 2 Apr 2010 - 16:03) *
One thing they did find is that the official chaps tried to get away with serving the citation on the last day. It was stamped that day by the police as being delivered but didn't reach me until 2 days later.


QUOTE (drumduff @ Wed, 18 Nov 2009 - 20:22) *
Did not recieve initial NIP that was sent on 15 Oct 09.


I'm confused...
jeffreyarcher
QUOTE (peterguk @ Fri, 2 Apr 2010 - 16:45) *
QUOTE (drumduff @ Fri, 2 Apr 2010 - 16:03) *
One thing they did find is that the official chaps tried to get away with serving the citation on the last day. It was stamped that day by the police as being delivered but didn't reach me until 2 days later.


QUOTE (drumduff @ Wed, 18 Nov 2009 - 20:22) *
Did not recieve initial NIP that was sent on 15 Oct 09.


I'm confused...


A citation is a summons.

The OP was named by someone, hence his initial NIP (which he never received) was on he 15th of Oct.
The first notice that he received was the reminder on the 17th of Nov.

Central Scotland have got previous for misrepresenting the service of documents (albeit, a few years ago).
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