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Full Version: [NIP Wizard] Speeding ticket in Rotherham area of South Yorkshire
FightBack Forums > Queries > Speeding and other Criminal Offences
bigagger
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2010
Date of the NIP: - 2 days after the offence
Date you received the NIP: - 3 days after the offence
Location of offence (exact location as it appears on the NIP: important): - B6273 Pontefract Road near Melton Street Rotherham
Was the NIP addressed to you? - Not me personally but the registered keeper
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? - Husband of registered keeper.
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 - The registered keeper knows nothing of the alleged offence

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? - Unsure
Do you know who was driving? - Unsure who was driving

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 04 Oct 2010 20:53:20 +0000
jobo
you need to help us a bit here,, who was caught speeding you or the wife, if you dont know, why dont you know
motoringlawyer
If you are intending to rely on the reasonable diligence defence it's also important that you reply to the requirement you have been issued by giving all the information that is in your power to give ie. names and addresses of all possible drivers.

The reasonable diligence argument can be difficult to succeed with as the burden of proof is on you to establish it rather than the normal state of affairs which is that the prosecution must prove its case. You would need to be prepared to explain in court why it was that you were unable to tell the police who was driving. Most courts are used to dealing with this defence on a regular basis so will be able to tell which are the genuine cases and which are just a "try on."

If you genuinely do not know anything about the offence is there a possibility your vehicle may have been cloned? If this is the case, make sure you notify the police that you believe it was not your car. If and when the matter goes to court, the police would then be required to prove it was your vehicle.
Pete D
This was only 3/4 days ago. Did either of you drive on that road on that day at the alleged time.

You do not need to see the van/equipment that may have detected you speed. Pete D
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