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FightBack Forums > Queries > Speeding and other Criminal Offences
spraz
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2010
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A1 ROAD, near to Cockburnspath, Berwickshire
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? -
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 - Travelling southbound on the A1 in a que of traffic when I noticed to camera van parked right next to the stationary speed camera on the northbound side of the road. I was travelling with the flow of traffic so I was unaware that I had been caught speeding until the NIP arrived.

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? - Scotland

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.

    Depending on your circumstances, you may wish to consider completing the form, but returning it unsigned. By doing so there is a risk that you will be convicted under s172, which would attract 6 penalty points and a fine; in most cases this is likely to exceed the penalty for the speeding offence itself.

    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, 15 Nov 2010 16:14:50 +0000
Logician
It is your decision, it will not be easy being "out" when the Bib come calling for the next 6 months, and at some point it is expected a PF will bite the bullet and go for a s172 on an unsigned NIP. If you live in L&B area they may be more persistant than the Met would be if you live in London.
spraz
Actually I'm based in Northamptonshire which is why I was hoping they might not bother with a visit
jobo
a visit or two is very likely,
spraz
Even if I live 300 miles away?
PRg
Yes, they will send your local force round, once or twice then give up, just make sure your "not in" when they come to your house.
Logician
QUOTE (spraz @ Thu, 18 Nov 2010 - 13:05) *
Even if I live 300 miles away?


Lothian & Borders will ask the Northamptonshire Constabulary to pop round, however it is unlikely they will be as persistant as L&B would be on their own patch.
spraz
Ok, well being out shouldn't be a problem as I've since split up with the person I shared that house with. Next question is; can I then get in trouble if my ex tells them I no longer live at that address?
zippy777
Hi, I lived a few hundred miles from the Scottish Scamsters and had no attempted visits by the local BIB. Presumably they were working on crimes rather than tax.
The Rookie
Some forces come out, others don't, some are persistant, others not (and I guess some of that depends on what they have been told by the Scots scammers!).

I also can't imagine Northants being happy if they had to send 2 occifers to Scotland for a whole day for a trial!

Simon
Logician
QUOTE (spraz @ Tue, 23 Nov 2010 - 11:23) *
Ok, well being out shouldn't be a problem as I've since split up with the person I shared that house with. Next question is; can I then get in trouble if my ex tells them I no longer live at that address?

A question of timing really, if you moved out 5 years ago and failed to tell the DVLA your new address they might have a go at you, but AFAIK it is a small fine and no points. If you moved out very recently, I doubt there would be any action. You do need to tell the DVLA or another NIP may be ignored and you might be facing a s172.

Does this person have your new address to give to the police if they appear?
spraz
He'll have it written down somewhere but not memorised. And he would pass on my post so I shouldn't miss a second NIP. I only moved out in the last month so I'm not purposefully avoiding changing my address, I just wondered if a month sounded unreasonable for not having got round to sorting it?
The Rookie
Yes, but its probably irrelevant, they have a habit of not checking data once they have it on the off chance it has changed!

Simon
Logician
I just wonder if you will be thinking you are quite safe because the BiB will be knocking on your old house, when they turn up at your new place, having been given the address by your former house sharer. Can you ask him not to pass on your new address, or at the very least let you know if he does?
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