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Full Version: [NIP Wizard] 80 on dual carriageway - seems harsh
FightBack Forums > Queries > Speeding and other Criminal Offences
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2012
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A23 at the Broxmead Lane overbridge
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 - 80 in 70 zone. I was just moving with the traffic!

Already been on a speed awarness course 3 years ago

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: Sat, 28 Apr 2012 08:29:04 +0000
If your SAC was 3 years ago you will now be eligible for another.
Always worth writing to the scamera office and asking for "any photos that might help identify the driver" (don;t ask for "evidence" or "proof"). While the driver seems to be known it is always worth checking. And the OP may get some nice souvenir snaps for the wall.

Otherwise respond to the s.172 request to identify teh driver within 28 days. No real need to return it before (say) day 20 after the notice was received. Remember to sign the declaration, keep a copy and get a certificate of posting (or send by special delivery).

The ticket tubbies may be nice and offer the OP a course. Or they may not.
Yes, just a few mph slower and probably nothing would have happened. Asking for a photo might just revel something wrong with the ping, though that is a long shot. Whether a course is available will depend on the exact date of the offence 3 years ago. If it is on the cards, and particularly if you have already asked for photos, reverse what the Wizard says, there is nothing to be gained by delay in responding to the s172 notice and you may improve your chance of the course being offered by replying quickly.
I will comply and hope for the best.

I honestly thought for some stupid reason that 80 was bellow the "unoffical" limit for proseution. Clearly an urban myth.
QUOTE (slummymummy @ Sat, 28 Apr 2012 - 12:14) *
I will comply and hope for the best.

I honestly thought for some stupid reason that 80 was bellow the "unoffical" limit for proseution. Clearly an urban myth.

The 'unofficial' limit is 110%+2mph, so 79mph... However, you were unlucky - your speedo must have been reading over 80 though, probably nearer 85mph?
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