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Full Version: [NIP Wizard] dont think I was traveling at the speed quoted on the NIP!
FightBack Forums > Queries > Speeding and other Criminal Offences
Sukh Singh
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2011
Date of the NIP: - 7 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): - a449 stafford 553
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? - mums car
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 travelling to work. I think in that particular section the road changes from a 40mph to a 30mph. The carmera was located in a marked police van parked on a grass verge. I slowed down upon seeing the van, however I dont think I was traveling at 44mph as stated on the NIP but I would have been over the 30mph limit.

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)? - No
Is the NIP addressed to you personally? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Do nothing!

    The police are not requesting the information from you, they are requesting it from the person the NIP is addressed to.
    Wait until you receive a NIP addressed to you personally, then come back here.

Generated by the PePiPoo NIP Wizard v3.3.2: Sun, 11 Sep 2011 16:18:57 +0000
Aretnap
As the wizard says, your mum has to reply naming you as the driver, assuming the NIP is addressed to her. You'll be sent your own NIP in due course. Don't attempt to complete a form addressed to your mum yourself - it confuses the system and could lead to your mum being charged with failure to provide driver details (which would attract 6 points and a fine of several hundred pounds).

Camera vans have a range of up to 999m and often see you well before you see them - if there any possibility that you were doing 44mph before you noticed it?
a46speeder
Also - from what I've gained from this site - your mum gains no benifit from sending the NIP early naming you - she should make use of the full 28 days allowed to reply.

But I'm sure some more learned bods will confirm.
Transit man
QUOTE (a46speeder @ Sun, 11 Sep 2011 - 18:00) *
Also - from what I've gained from this site - your mum gains no benifit from sending the NIP early naming you - she should make use of the full 28 days allowed to reply.

But I'm sure some more learned bods will confirm.

No benefits indeed, but nothing to be gained by delaying things in this particular case.
Sukh Singh
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2011
Date of the NIP: - 7 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): - a449 stafford (553)
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 - was travelling to work, the road changes from 40 to 30mph I saw the marked van with camera and slowed down amd checked speed was less then 40mph (36-38mph) so don't think I was doing the 44mph claimed in the NIP but defo was dong more than 30mph.

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, 12 Sep 2011 08:42:13 +0000
BaggieBoy
They have a range of up to 999m, so they probably saw you long before you saw them. So waht was your speed in the 30MPH before you slowed down?
nemo
Why the change of details to whose vehicle you were driving ?
Logician
The fixed penalty will be the same whether you were doing 44 or a lesser speed but still over the limit; a lesser speed might have brought the offer of a speed awareness course, but there is no point trying to argue the speed down to get this.

Your change of mind over who owns the car is concerning, do not be tempted into foolishness that can bring worse consequences than a fixed penalty.
Sukh Singh
no the car is my mums the change was due to the fact that I thought it wasnt posted in the fourm as the wizzard advised me to to nothing but i wanted get some advice from fourm members, didnt check before I re-done the wizzard.

a few questions...

1. I assume its 4 points and a fine?

2. How accurate are the cameras? as 2mph less will give me a chance to do the course instead of the points? do the cameras take a average over the set area of the road? as I said I slowed right down on seeing the van?

3.If I get caught speeding in the future will I be able to the course (asuming its in the limits) if I already have points or do you only have that option on the first offence?

thanks for the replys, Sukh.
Logician
1. No, 3 points and £60
2. The cameras are instantaneous, not an average. On what basis can you dispute the speed as measured by a trained operator using an approved device? "I don't really think I was going that fast" is not going to cut it, I'm afraid.
3. The rstriction on doing a course is that you should not have done one in the preceding 3 years (although that depends on it being the same area, or in the national scheme) and some areas will not offer a course if you already have 9 or more points and doing the course would prevent you from becoming a totter (12 or more points and normally banned for 6 months)
Sukh Singh
cheers for the info ppl

sukh
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