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Full Version: [NIP Wizard] HELP.... 55mph in a 30 zone
FightBack Forums > Queries > Speeding and other Criminal Offences
Gupster
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2011
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Oundle Road, Thrapston
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 travelling along a 30mph town road at 55mph when i saw a mobile safety camera ahead, i slammed the brakes on but it was obviously too late.
I have just had a 6 month driving ban due to totting up (TT99) and got my licence back in January 2011. Any advice would be very grateful.


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, 03 Oct 2011 19:04:41 +0000
southpaw82
Logician
You are in the range for an immediate ban, in view of the fact that you have only got your licence back in January after a totting ban it may well be longer than normal.
squaredeal
Well, whether or not Gupster deserves it, he is probably the luckiest driver on this forum at the moment, as currently Northants actually do issue the COoFP for up to and including 29 miles over the speed limit.
The Rookie
For in a 30? (where the usual guideline is for 20 over not the 25 over in higher limits)? And do you have any evidence?

To the OP, breaking when you see a van is pointless as you now know, they usually get you before you see them and it takes less than 1/2 second to measure your speed.

Simon


Gupster
Really, are u sure about that? I could deal with getting 6 points but I'd lose my job and everything if i got another ban! What would happen if I was to say I dont know who was driving my car at the time??
davey_weir
QUOTE (Gupster @ Tue, 4 Oct 2011 - 09:52) *
Really, are u sure about that? I could deal with getting 6 points but I'd lose my job and everything if i got another ban! What would happen if I was to say I dont know who was driving my car at the time??


In my opinion I wouldn't be doing that.

What I would do is prepare a statement of exceptional hardship to present to the Mags. This is a statement outlining how losing your ability to drive would have a detrimental effect on others (not you.) For example, I coach football to children from a deprived area, reducing the crime rate etc. Losing my licence would stop me doing that and could result in these kids disengaging and returning to crime to occupy their friday nights. I would then ask for an increased fine in return for keeping my licence.
BaggieBoy
QUOTE (Gupster @ Tue, 4 Oct 2011 - 09:52) *
What would happen if I was to say I dont know who was driving my car at the time??

If you actually said that, then that would be perverting the course of justice (or perjury if said under oath), which could result in a prison sentence. By saying nothing (i.e. ignoring the S172), then you will be summoned for "failing to furnish" which is 6 points and a large fine (although a ban is also possible).
southpaw82
QUOTE (Gupster @ Tue, 4 Oct 2011 - 09:52) *
Really, are u sure about that? I could deal with getting 6 points but I'd lose my job and everything if i got another ban! What would happen if I was to say I dont know who was driving my car at the time??


Sigh... just like every other misguided soul who thinks about going down that route, I'll give you the warning: (1) you could go to prison, (2) don't do it, (3) mention doing it again and I'll ban you.
Gupster
Ooops sorry, didn't realise u couldn't ask anything. My bad ohmy.gif
southpaw82
QUOTE (Gupster @ Tue, 4 Oct 2011 - 18:31) *
Ooops sorry, didn't realise u couldn't ask anything. My bad ohmy.gif


Don't be obtuse. You can ask anything so long as it is lawful. You can't ask about how to commit a serious offence.
The Rookie
You can ask questions, but not about commiting a serious criminal offence like perjury (remember Jeffrey Archer?)

Simon
squaredeal
QUOTE (The Rookie @ Tue, 4 Oct 2011 - 00:20) *
For in a 30? (where the usual guideline is for 20 over not the 25 over in higher limits)? And do you have any evidence?

Simon


Yes - in all speed limits (apart from a 20). I'm sure Gupster can provide the evidence in due course if he stops p1$$ing about looking for get-outs and just returns his NIP/s172. That is if he isn't banned in the meantime.
Gupster
Ver true... i do apologise.

Is there no way of finding out whether i would get a COFP before sending my NIP back??

I really should stop peeing around and get it sent back, and reep the consequnces!!
southpaw82
QUOTE (Gupster @ Tue, 4 Oct 2011 - 19:54) *
Is there no way of finding out whether i would get a COFP before sending my NIP back??


Post #2 is a good guide.
squaredeal
QUOTE (Gupster @ Tue, 4 Oct 2011 - 19:54) *
Is there no way of finding out whether i would get a COFP before sending my NIP back??


You could email them and ask what the outcome would be for this offence once the admission is received.

Southpaw is correct in that post #2 is a good general guide ... except for Northants who do not currently follow these guidelines. Perhaps you could come back to the forum and put this question to bed.
Gupster
Ok thanks Squaredeal, I shall let you all know what the outcome is once i find out. I do hope your right about the northants police being different because that will save my sorry ass!!
The Rookie
QUOTE (squaredeal @ Tue, 4 Oct 2011 - 19:26) *
QUOTE (The Rookie @ Tue, 4 Oct 2011 - 00:20) *
For in a 30? (where the usual guideline is for 20 over not the 25 over in higher limits)? And do you have any evidence?

Simon


Yes - in all speed limits (apart from a 20).

DONUT, do YOU have any evidence of Northants camara partnerships giving out CoFP's for an offence such as this (29 over the limit in a 30) which you say happens, but in 8 years on here I never have to the best of my knowledge. Like to share it with us?

Simon
Aretnap
While I'm as surprised as anyone that there's apparently a force which offers fixed penalties at almost twice the limit in a built up area, in view of his posting history and obvious occupation I'm inclined to believe that squaredeal may be in a better position to know these things than I am...
Gupster
I e-mailed them as squaredeal suggested to see if they would be able to tell me the outcome at this stage, just got an e-mail back saying I'd get a cofp of 3 points & £60 fine!
The Rookie
Well you may, but that would be beyond normal and I suspect they are wrong, however that is now arguably a promise made by an officer of the state and you could take that to court (if they go that way) and use it to insist on that level of punishment, DO NOT loose that email!

Simon
squaredeal
QUOTE (The Rookie @ Wed, 5 Oct 2011 - 02:20) *
QUOTE (squaredeal @ Tue, 4 Oct 2011 - 19:26) *
QUOTE (The Rookie @ Tue, 4 Oct 2011 - 00:20) *
For in a 30? (where the usual guideline is for 20 over not the 25 over in higher limits)? And do you have any evidence?

Simon


Yes - in all speed limits (apart from a 20).

DONUT, do YOU have any evidence of Northants camara partnerships giving out CoFP's for an offence such as this (29 over the limit in a 30) which you say happens, but in 8 years on here I never have to the best of my knowledge. Like to share it with us?

Simon


Before you go slagging other posters off - who are in a far better position to know the facts in this case that you do Rookie - perhaps you may consider why I would make such a claim that could be so easily proved or disproved? Just because the faster speeders in Northants don't come back and report to you that they have avoided court doesn't mean it doesn't happen.
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