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FightBack Forums > Queries > Speeding and other Criminal Offences
pekwah1
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2011
Date of the NIP: - 41 days after the offence
Date you received the NIP: - 42 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A259 Main Road, Southbourne
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? - Company Car Driver - Sole Driver
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 - Driving along the A259, didn't notice the camera, did notice the double flash as i went through. I must have not been particularly attentive this day as wasn't aware i was speeding, but don't know my speed when i went through.
Broad daylight at time of offence.


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? - Yes
Although you are not the Registered Keeper, were you 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, 23 Jan 2012 17:21:00 +0000
BaggieBoy
You will have to name yourself as the driver, you will then probably be offered a speed awareness course (in lieu of points), assuming you haven't done one in the last 3 years.
Logician
Therefore, despite what the Wizard says, you are better to return the form sooner rather than later because there are time limits on SACs.
pekwah1
Yeh i was planning on returning the NIP naming me, i know i was the driver so that's fine.
I just wanted to check this is at the moment not an admission of guilt, but just saying i was driving?
The prosecution letter after will be where i can ask for evidence of the offence etc if i am correct?

Also i have had points before so i don't think i'll be getting an awareness course....
Gan
Whether you get an offer of a course, £60 FPN or straight to summons depends on your speed and the limit.

You don't get any evidence unless you are summonsed AND plead Not Guilty.

You could, before naming yourself, ask for any photos "to identify the driver" to see if the speed is confirmed by the road markings.
BaggieBoy
QUOTE (pekwah1 @ Mon, 23 Jan 2012 - 17:51) *
Yeh i was planning on returning the NIP naming me, i know i was the driver so that's fine.
I just wanted to check this is at the moment not an admission of guilt, but just saying i was driving?

That is correct, you are only being asked to name the driver at this time.

QUOTE (pekwah1 @ Mon, 23 Jan 2012 - 17:51) *
The prosecution letter after will be where i can ask for evidence of the offence etc if i am correct?

No, you are not entitled to evidence unless you opt to take to to court and plead not guilty. You might be able to get a photograph or two if you as nicely for help to "identify the driver"; if you start asking for evidence you will most likely get nothing.

QUOTE (pekwah1 @ Mon, 23 Jan 2012 - 17:51) *
Also i have had points before so i don't think i'll be getting an awareness course....

That's not a bar to getting offered a course.
Gan
A course is very likely for 36 in a 30

pekwah1
is it worth getting photos or just take the rap then?
Gan
If you get the photos they may show something to your advantage

If you don't get them you'll pay up without ever knowing
Kickaha
Also you MUST ensure that you return the form before the deadline, even if you have not got the photos.
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