What is the name of the Constabulary? -
Date of the offence: - May 2011
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 4 days after the offence
Location of offence (exact location as it appears on the NIP: important): - at B4100 Croughton Road, AYNHO
Was the NIP addressed to you? - Yes
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? - 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 - I was on my motorcycle behind what initially appeared to be a truck moving slowly with several cars tailgating it closely in front of me. I indicated to overtake as the road straightened and as I came alongside realised this was a large agricultural tractor towing a long box trailer. I observed the driver in his large mirror looking down in the vehicle struggling to find a gear and so knew immediately he had not seen me. As I neared the front of the trailer I tooted by bike horn and simultaneously heard through my helmet the crunch of the tractor’s gears followed immediately by the sound of the big turbo diesel revving up hard. I was startled by the noise and the speed with which the vehicle suddenly accelerated. Needing to vacate the oncoming lane, there was no quick or safe option to drop back in case the tailgating traffic failed to give way and trying to slip in to the tow bar void between tractor and trailer was out of the question. So the only safe option to vacate the oncoming lane was to out accelerate this accelerating combination. As I got past I had to change lane and decelerate during which I saw a Police camera van some 3-400 meters in the distance. I checked my speed which was 30mph and held this right on past him.
Then I receive a N.I.P. for 40mph in a 30mph limit. For this to be at all possible I must have been targeted whilst or just after overtaking in an emergency attempt to avoid the oncoming carriage way at considerable greater range than I would ever have believed possible by a factor of 2-3. My question therefore is can this be successfully contested due to the mitigating circumstance required for my survival and vacation of the oncoming lane as early as possible?
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: Wed, 18 May 2011 15:46:50 +0000