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Full Version: [NIP Wizard] 71mph in 50mph zone - should I include a covering letter
FightBack Forums > Queries > Speeding and other Criminal Offences
steven_cox
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2011
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): - A322 JCT NEW ROAD, BAGSHOT
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 - Upon receiving a phone cal from my Dad I was urgently trying to get to the hospital before the visiting hours finished to see my Mum who was critically ill and deteriorating. I have used the road before which is sign posted for 50 mph although it is a dual carriage way. The traffic lights at the cross roads were green and so I continued through them at 71mph as the road leads up to the motorway junction. These cross roads have always had a camera on them, but only to catch people running the lights. It would appear that they have upgraded it to a speed trap as well.

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: Fri, 10 Jun 2011 07:39:11 +0000

Hi all. This is my first offense/NIP so looking for some advice. Should I include a covering letter when returning my NIP explaining the circumstances?
I am Weasel
I'm not sure it will help to provide a covering letter at this point since at the moment, all you are required to do is identify the person driving the vehicle at the time to satisfy the Section172 notice. You need to reply identifying yourself as the driver within the 28 day period and then wait. You might be offered a fixed penalty & 3 points at which point you can either accept this or decline their offer at which point it will go to court. However at 71 in a 50, you may well not get the offer of a fixed penalty an the case will go straight to court. It is only if/when the case goes to court that a suitably worded letter might be of any help to you.
Gan
No

Never give any more information than your legal obligation to name the driver.

OPs who don't confine their answer to this clear statement have a habit of getting into trouble.

Save this for a plea of mitigation if you are summonsed.
The Rookie
The guidelines for 71 in a 50 is a CoFP despite what the weasal suggests.

Simon
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