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FightBack Forums > Queries > Speeding and other Criminal Offences
seventy
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2010
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 13 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A500 Porthill to Etruria, Stoke On Trent, in Roadworks (984)
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? - Company Van
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 - Outside lane travelling in a national speed limit zone, temporarily reduced to 50mph. Recorded speed is 60mph.

Camera van was possibly parked illegally.


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, 18 Feb 2010 20:27:07 +0000
nemo
QUOTE (seventy @ Thu, 18 Feb 2010 - 20:27) *
Camera van was possibly parked illegally.

Even if that was proven, it would not render the evidence inadmissable.

You may find that you receive an invitation to attend a Speed Awareness Course once you have provided your details to the SCP - an alleged 60mph in a 50mph limit is right on Staffs' upper threshold.
seventy
Thanks for the quick reply.

Is there any way of finding out if they are willing to offer me the speed awareness course, or prompt them to do it,

I have 6 points (none from speeding, which i received 3 years ago) I need my licence for my job, so 9 points would really be a weight on my shoulders.

Thanks.
nemo
QUOTE (seventy @ Thu, 18 Feb 2010 - 20:41) *
Is there any way of finding out if they are willing to offer me the speed awareness course, or prompt them to do it,

It might be best tp wait and see how they respond once they have received your reply.

If they do not offer you a course initially, there's nothing stopping you from phoning and asking them to reconsider.

QUOTE (seventy @ Thu, 18 Feb 2010 - 20:41) *
I have 6 points (none from speeding, which i received 3 years ago)..

Do they correspond to offence date(s) within 3 years of this latest incident ?
seventy
The date of offence was sept 2006, date of conviction was around march 2007. Offence was driving without due care and attention (CD10).

I suppose a letter from my manager explaining the seriousness of my situation may pursuade them to reconsider.

nemo
QUOTE (seventy @ Thu, 18 Feb 2010 - 21:31) *
The date of offence was sept 2006,

So not valid for totting purposes, either now or at the time of this latest alleged offence.
seventy
I was under the impression CD10 offences started from date of conviction.
nemo
QUOTE (seventy @ Thu, 18 Feb 2010 - 22:36) *
I was under the impression CD10 offences started from date of conviction.

For the purposes of totting, points are always taken from the date of the offence.

QUOTE (Road Traffic Offenders Act 1988)
29. Penalty points to be taken into account on conviction.

(2) If any of the offences was committed more than three years before another, the penalty points in respect of that offence shall not be added to those in respect of the other.

seventy
Cheers.

So 'technically' I have 12 (or 9 after these 3) points to play with?
I am Weasel
No "technically" about it. For the purposes of totting up, you have a clean license
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