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norriman
Hi all hope someone can help me,

I recieved a Nip requests for info for a speeding offence in Nov. Basically I am suffering with depression due to an ongoing legal battle to see my children (haven't seen them for 6 months) and I hadn't opened any post for months, then a bulk of an envelope came through and I opened it to find that I am being taken to court on the 8th March for the failing to supply and speeding (37 in 30 zone) The thing is I already have 6 points. Should I plead guilty to both and give the mitgating circumstances. Will the drop the failing to provide.
southpaw82
You can see if you can plead guilty to the speeding in return for them dropping the s. 172 but they don't have to. In point of fact, they have no evidence for the speeding offence in relation to who was driving - don't plead guilty to it if they won't drop the s. 172!

As to the s. 172 it doesn't seem like you have much of a defence - an early guilty plea will see any fine reduced by 1/3. You will still get six points and if your other six were live at the time of this offence you will face a six month totting ban.
norriman
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2009
Date of the NIP: - 2 days after the offence
Date you received the NIP: - 4 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Goldington Road Bedford NR Brookfield Road
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? - 6
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 recieved a Nip requests for info for a speeding offence in Nov. Basically I am suffering with depression due to an ongoing legal battle to see my children (haven't seen them for 6 months) and I hadn't opened any post for months, then a bulk of an envelope came through and I opened it to find that I am being taken to court on the 8th March for the failing to supply and speeding. The thing is I already have 6 points. Should I plead guilty to both and give the mitgating circumstances.


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: Mon, 08 Feb 2010 00:23:43 +0000
norriman
The other six points were from feb 2007, so they are just about to come off. But will they look at it that they were on there in November, I really can't afford to have no car for six months. How do I approach them to ask if they will drop it if I plead guilty to the other.


andy_foster
Its the number of points you had when the offence was committed that counts for totting up. So November for the speeding, and presumably December for the s. 172 (2 business days plus 27 calendar days from the date the NIP/s. 172 was posted to you).
norriman
Ok I spoke to a lawyer this morning and she said they can't actually take me to court for both, but they have the option to drop the speeding and just go with the other. I have seen people on here who say they got 3 points for an s172 and others say they got six, is it therefore for the court to decide. The lawyer said I should send back the form and plead guilty to the speeding and not guilty to the other, stating clearly that I didn't open any post due to my medical condition, I can back this up with a doctors report if need be. She said they will more than likely then drop the S172 and just go with the speeding in which case it will be 3 points and I will be on 9. Also she said it isn't an automatic ban at 12 and I can explain to the court why I should keep my licence, to see the children and get to medical appointments. She said it would be a harsh court that would ban on 12 points of this nature. All sounds positive but is she correct, you guys on here seem to have more experience of this.

Many thanks for your help ... great forum
BaggieBoy
QUOTE (norriman @ Mon, 8 Feb 2010 - 09:46) *
I have seen people on here who say they got 3 points for an s172 and others say they got six, is it therefore for the court to decide.

Nope, failing to furnish is always 6 points, no more..no less. You may have been looking at some old cases where the penalty was 3 points, but it got increased to 6 points around 18 months ago.
norriman
So if I admit the speeding and deny the other will they drop it, given that they can apparently only take me to court for one thing are they likely to drop the speeding and go for the other because its more points.
The Rookie
No, if you talk to them and do a deal, explain your reasons by all means, they may well agree to it, but admit the speeding without doing a deal and they can happily do you for both if they feel so inclined.

Simon
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