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Full Version: [NIP Wizard] No mention of SAC, can I request this?
FightBack Forums > Queries > Speeding and other Criminal Offences
Fisher1981
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2010
Date of the NIP: - 31 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): - Manor Royal, Crawley
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? - I was driving the company minibus to collect urgently required equipment.
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 -

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? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. 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: Sun, 22 Aug 2010 15:27:13 +0000
peterguk
SAC depends on speed/limit, history and whether they are available.

What was your speed and in what limit?
Fisher1981
I was caught doing 38mph in a 30mph limit.

My licence is currently with the DVLA having 3 points (sp50) removed. I have another 3 points from an sp30 which I received January 2008.
desktop_demon
I think Sussex plod do a Speed awareness course - and if they have places then 38 mph just qualifies for a place. As long as the OP has not attended one in the last 2 or 3 years.
Fisher1981
Should I try and negotiate before sending the NIP form back with my licence number on or will this be offered at a later time?
peterguk
There's nothing to negotiate. The're not going to offer anything to anyone until they know who was driving, and therefore who to offer it to...
desktop_demon
Yes, indeed. First the OP must complete sign and return the NIP. Unless there is some reason not to......

Keep a copy of the completed NIP and return it within 28 days to the ticket office by special delivery (or recorded post). If the ticket office wants to use its discretion then it will send an offer that must be accepted. It has no duty to offer a SAC but on the facts described it would be strange not to.
Fisher1981
I have received my COFP for this.

No mention of a SAC course. They just want to hit me with 3 points and £60.

Could I take this to court and suggest a SAC may be more appropriate as I have been caught speeding in the past and incurred SP50 and Sp30 in the past?
Kickaha
If you take it to court and are found guilty, you will get 3 points and a larger fine. The courts cannot "sentence" you to a SAC.
Fisher1981
QUOTE (Kickaha @ Wed, 29 Sep 2010 - 11:05) *
If you take it to court and are found guilty, you will get 3 points and a larger fine. The courts cannot "sentence" you to a SAC.



Surely its not a case of being guilty or not. I am suggesting the penalty may be more appropriate. I do not disagree that I was speeding in that vehicle at that given time.
The Rookie
The SAC is not a penalty available for the court to impose, it can only impose points or ban and a fine if you plead/found guilty, the SAC is entirely at the discretion of the Police, they have chosen not to excercise that discretion and there is NOTHING the courts can do about that, unless perhaps you could prove it was as the result of a illegal discrimination (race, gender or sexual orientation) by the officer(s) concerned, which is very doubtful!

Simon
Logician
All you can do is politely ask them why you have not been offered a course as you appear to be eligible, and apparently they regard their courses as very successful. (See sussex safer roads partnership). It may be that they have just overlooked you and a gentle nudge will remind them, but it is certainly not something you can demand. Possibly their courses are oversubscribed or something, but there is no harm in asking.
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