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Full Version: [NIP Wizard] Alleged 73 in a 40 zone? Definite court summons?
FightBack Forums > Queries > Speeding and other Criminal Offences
formula15
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2010
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A6365 Doncaster Road near Hillside, Ardsley, Barnsley
Was the NIP addressed to you? - No
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 had only had the car 2 days at the time of the alleged offence so, the NIP first went to the Ford garage where the car was still registered. The third NIP dated 14/10/2010 got to me on 15/10/2010. The first NIP was received well within the 14 day period.
I was driving up the dual carriageway hill mentioned above and, after passing through the fixed speed camera at the bottom of the hill, I pulled out to overtake a line of traffic.
I accelerated quickly but got stuck behind another vehicle and only noticed the mobile speed camera van as I drew level with it by which time, I was doing the speed limit.
The alleged speed on the NIP is 73mph in a 40mph zone. This is apparently supported by either photographic or video evidence. This will no doubt be a shot of the car from the front therefore making it obvious, I presume, who the driver was.


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, 18 Oct 2010 16:42:16 +0000
jobo
yes all most certainly court and quite possibly a short ban


formula15
If I get a short ban, will I also get 6 points? I thought I would but I saw another post about a guy doing 110 in a 70 saying he'd rather have a ban than the points and no-one has contradicted him.
nemo
QUOTE (formula15 @ Mon, 18 Oct 2010 - 20:07) *
If I get a short ban, will I also get 6 points?

It will be one or the other, not both.
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