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FightBack Forums > Queries > Speeding and other Criminal Offences
flashria
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2012
Date of the NIP: - 11 days after the offence
Date you received the NIP: - 12 days after the offence
Location of offence (exact location as it appears on the NIP: important): - m4 nr tolls plaza rogiet monmouthshire (westbound)
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 doing 69 thinking this was a nice steady respectable speed drawing up to the toll booths. There was very little traffic. apparently the speed limit is 50 but i hadn't noticed any signage

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? - Wales

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: Thu, 10 May 2012 16:05:21 +0000
BaggieBoy
Very popuar spot. Based on previous threads on this, the signage is complient.
Aretnap
The limit there is pretty well signed unless things have change since the Streetview pictures were taken. I have a feeling that there was originally a cock-up there where the speed limit signs were not i the right place and a lot of people had fines refunded, but ISTR that it has long been sorted out. If you search the forums for "Roiget" I think the story's in some old threads.
Hotel Oscar 87
QUOTE (Aretnap @ Thu, 10 May 2012 - 17:31) *
The limit there is pretty well signed unless things have change since the Streetview pictures were taken. I have a feeling that there was originally a cock-up there where the speed limit signs were not i the right place and a lot of people had fines refunded, but ISTR that it has long been sorted out. If you search the forums for "Roiget" I think the story's in some old threads.

Correct. The original distance to the start of the limit (from the toll buildings) cited in the original order from the WAG was incorrect as was, IIRC, the start point. All now neatly repaired with a new a nd reworded order issued about 2 years ago.
flashria
thank you for your answers - i'm sure I'm in the wrong but what I'm really worried about is why I didn't just get a fixed penalty notice straight away. Why did i get an NIP? does that mean they're going to take me to court? could I get a ban? panicking....... (have no points at the moment)
odom
Most forces, with a couple of exceptions, send you a combined NIP and S172 request, which is what you've received now. It's because at the moment they don't know who the driver is and are relying on your confession. Once they have that, they'll send you a Conditional Offer of Fixed Penalty - or, indeed, if you named someone else, send them a NIP and S172 of their own.
Aretnap
QUOTE (flashria @ Fri, 11 May 2012 - 08:38) *
thank you for your answers - i'm sure I'm in the wrong but what I'm really worried about is why I didn't just get a fixed penalty notice straight away. Why did i get an NIP? does that mean they're going to take me to court? could I get a ban? panicking....... (have no points at the moment)

They're required to serve a NIP in order to keep open option of prosecuting you. It doesn't mean that they actually are going to prosecute you. In practice you'll be offered a fixed penalty for 69 in a 50 - only if you chose not to accept it would you be taken to court. Some forces send the offer of a fixed penalty with the NIP, but they're the exception rather than the rule. Most send it after you've returned the s172 request confirming that it was actually you driving.
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