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Full Version: [NIP Wizard] Advice needed please- do I have grounds fro challenge?
FightBack Forums > Queries > Speeding and other Criminal Offences
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2012
Date of the NIP: - 46 days after the offence
Date you received the NIP: - 47 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A556 CHESTER ROAD, SANDIWAY, NORTHWICH, >>CHESTER
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 lease car
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 - The road in question is two lanes either side, with a central reservation, and conditions on the day were really bad- so I was driving below 50mph- which I believed to be below the speed limit as I thought it was a dual carriageway. It was raining very heavy (it was the day when there were floods all over the country) so I thought I was driving suitable to the driving conditions. The NIP states the recorded speed was 46mph and the alleged offence is "EXCEED 40 MPH (UNMANNED CAMERA)

The NIP is signed by "Manager- Central Ticket Office, on behalf of the Chief Constable, Cheshire Constabulary"

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: Thu, 23 Aug 2012 08:07:48 +0000
The first NIP would have gone to the lease company so you don't have a late NIP defence.
You could check when they received i just in case

That speed would normally be eligible for a course
On the NIP it says "NORTHWICH, >> CHESTER"

I take it this means I was travelling towards Chester?
Why did you believe it was a 60 mph limit? Is signage an issue? I don't know that area, is the NIP precise enough? Although I would say the OP appears to know exactly where and when this happened so a vague locus shouldn't apply.

46 in a 40 is SAC territory if you haven't done one in the last 3 years. If you accept the offence nearly 6 weeks have passed and if you string it out to the 28 days you are getting close to the deadline for a course to be offered.
QUOTE (micklar @ Thu, 23 Aug 2012 - 09:13) *
On the NIP it says "NORTHWICH, >> CHESTER"

I take it this means I was travelling towards Chester?

Yes, was it this camera?

Looks fairly well signposted as a 40, so probably no defence there, either.
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