What is the name of the Constabulary? -
Date of the offence: - May 2012
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M4 Junction 19-20 Westbound > Wales
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? -
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 arrived home last week to find three speeding tickets each for a speeding offences on three consecutive days on the same stretch of the M4. Each time I was caught driving at an average of 57 MPH in a restricted 50 MPH zone. I called up the Avon speed unit who informed me that as I have been driving for under two years (but so far have a clean licence and no motoring offences or traffic collisions) that I could take the speed awareness course for the first incident but for the latter two incidents I would have to write a letter explaining that I was a "New Driver" and that my offences would have to go before a magistrate. (I have not replied in any way yet to the NIP's)
I currently commute 35 minutes on the motorway to work (from Stroud to Bristol), I am fully aware (and sorry) that I have broken the law but if I did lose my license I would not be able to travel to work. I work a very stressful 24/7 job (including working "on-call") coordinating organ transplants for the NHS and was travelling home on each occasion from work. I've already approached my boss and she is willing to write a letter explaining the necessity for me to have transportation in order to be on-call and keep my job, I also would not have a problem finding someone to write a character reference letter.
From what I can understand from my research I cannot avoid this going to court and cannot avoid seeing a magistrate, the best I can hope for is to plead my case based on the above factors and hope for leniency of reducing my points to three points and a 14 day driving ban.
I guess my main questions are; am I correct in my assumptions? How challenging/successful would it be for me to represent myself in court? Would hiring legal representation (I've been quoted £625 from a solicitor who is 80% sure he can get me off) be necessary? Is there any other defence or anything really I'm missing or any advice anyone would like to give me?
Thanks in advance
Ed
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: Wed, 13 Jun 2012 21:23:48 +0000