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FightBack Forums > Queries > Speeding and other Criminal Offences
Blue Hornet
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2009
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 33 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Glenshane Road Magherafelt
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 - I'm not sure where I was detected speeding and the description they have given on the NIP is a stretch of road abot 15 miles long. They have stated that I was doing 76 in a 60 zone I may have been I don't normally speed

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? - Unsure
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? - NI

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: Sun, 31 Jan 2010 21:13:15 +0000
Can you confirm:

When you received the NIP?

That you are the RK?

Have you recently moved or recently purchased the car?

I'm trying to ascertain why it took so long to arrive...
In Young v Day [1959] 123 JP 317, it was held that the "Hothfield to Bethersden Road", a rural road about four miles lomg, was insufficiently specific.

Assuming that the notice to the RK has said the same as yours, that would seem to be way outside the accuracy required.

That does not absolve you of the requirement to name the driver, it should, however, provide you a defence to the speeding allegation, assuming that the wording of the eqiuvlent N.I. legislation is similar.

Edit: O.K., found it (thanks, Nemo).

The difference is S6(3) (a);
that the accused was not prejudiced in his defence by the failure; or

That would seem only to codify the position in England & Wales, as detrmined by case law, so, on theface of it, wouldn't appear to change the position.
You only have 21 days to name the driver in NI.
Clicking on Map Linky shows Glenshane Road, with 3 villages to the north, the first one being Curran.

So the location of "Glenshane Road, Magherafelt, may accurately describe a 2-3 mile stretch of Glenshae Road between the junction of the A31, A54 and A6 north east of Magherafelt and Curran.
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