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Full Version: [NIP Wizard] URGENT! HELP NEEDED! COURT SUMMONS!
FightBack Forums > Queries > Speeding and other Criminal Offences
katatonic
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2009
Date of the NIP: - 178 days after the offence
Date you received the NIP: - 178 days after the offence
Location of offence (exact location as it appears on the NIP: important): - chigwell
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? - Dad's car
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 - Picking my sister up from stansted airport at 1.30am, got stopped doing 90mph on the motorway where the speed limit was 70mph! Didn't realise because i was too busy talking bout her trip!

i was on my way to pick my sister and her friend up and as i was driving back i got pulled over- there were four of us in the car and the lady who pulled us over called for back up because she thought i was drink driving!!! When i was asked to get out of the car, they could tell that i had not been drinking and told me that i was driving too fast- i apologised and explained that as we were all talking i thougth i was within the speed limit! They than gave me a gave me a fixed penalty notice of 60pounds and told to present my licence at my nearest police station which is in london! 2 days later i walked into my police station (IN LONDON) and handed in the notice and was told they do not deal with it as they were the metropolitan police and that i would need to go to essex! I than paid my fine within the 14days and got a recepit and waited to hear from essex police...A month later io became ill and had to be in hospital and was off work for a month- i fogot about this fine as i had not heard anything since july but todayi received a letter summoning me to court! what do i do now?



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? - 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, 07 Jan 2010 19:53:52 +0000
southpaw82
So are we to assume you now have a summons?
katatonic
i was on my way to pick my sister and her friend up and as i was driving back i got pulled over- there were four of us in the car and the lady who pulled us over called for back up because she thought i was drink driving!!! When i was asked to get out of the car, they could tell that i had not been drinking and told me that i was driving too fast- i apologised and explained that as we were all talking i thougth i was within the speed limit! They than gave me a gave me a fixed penalty notice of 60pounds and told to present my licence at my nearest police station which is in london! 2 days later i walked into my police station and handed in the notice and was told they do not deal with it as they were the metro0politan police and that i would need to go to essex! I than paid my fine within the 14days and got a recepit and waited to hear from essex police... i heard nothing but have been summoned to court! what do i do now?
The Rookie
OK, so was the cheque cashed? Did you hand in your licence? Have you got it back with/without points? In short do you have any evidence you tried to accept the FPN?

If you either have accepted it or can show you tried to (we'll go into more detail if relevant later) then there is no reason why you shouldn't escape further punishment in court, if you failed to comply with the requirements to accept it then you'll have to suffer whatever penalty the court hand out.

Your account states they couldn't deal with it and then did, some what contradictory, care to elaborate?

Simon
katatonic
i paid with my credit card and the payment went through and i have prove as i asked for a recepit to be sent to me which i still have, i went with my licence to my nearest police station which they wrote on the ticket but the officer at the desk said they would not accept it and i would need to go to essex?! I could not go to essex as i had work and i had to go within 7 days, so i just paid my fine of 60 pounds, and waited for them to contact me but i see that the money was refunded back into my account even though i paid within the time frame given to me, i just had my licence for a year so i don't know what i am meant to do now? they said i could admit guilt by post and not have to attend court but write a mitigation letter? so i am not sure what i am meant to do and what fine i will have to fine and how much points i would get?
glasgow_bhoy
sounds to me like they were incapable of following the process.

they should have had to accept your liscence where you presented.
The Rookie
Worth you reading the later responces in this thread

http://forums.pepipoo.com/index.php?showtopic=47744

Simon
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