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FightBack Forums > Queries > Speeding and other Criminal Offences
James 9876
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2012
Date of the NIP: - 11 days after the offence
Date you received the NIP: - 13 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A64 Malton by pass
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? - 3
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 - Spotted a shiny white van parked in a lay by. I slowed down just in case, but realised I had already been nobbled!

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: Thu, 20 Sep 2012 11:03:55 +0000
Jlc
Unsigned NIP? Will lead to a failing to furnish charge - 6 points, £500 + nasty insurance code.

What is your situation? They have 6 months from the date of the offence to lay particulars with a court. (A s172 offence is usually committed a further month afterwards)
mrh3369
The NIP is served in time so for a time out you would need to respond naming the driver( yourself I take it) then ignore any fixed penalty offer and hope they don't take you to court, it's possible but highly unlikely. What was the alleged speed and limit?
James 9876
OK, I was clocked at 80 in a 70mph
I sent back the nip unsigned and they sent an offer of a very expensive speed awareness course or 3 points and £60
I waited a month then sent them an unsigned cheque and driving licence.
unsigned cheque and licence were returned at the end on August asking for a signature on it (I have not done so) and I havn't heard anything since.
Jlc
Then your next post will be a court summons. If they don't dual-list the offences then it will get very expensive.

I'm surprised they sent you a CoFP/SAC offer though...
fluff34567
take the course, or live with the 3 points... if you play around they will just go straight for a court summons and that will be quite expensive for you
Jlc
QUOTE (fluff34567 @ Thu, 20 Sep 2012 - 12:22) *
take the course, or live with the 3 points...

I think that boat may have sailed...

Of course there's an outside chance they just forget about it but I suspect the summons will be next. There's been obvious attempts to circumvent the process.
The Rookie
I'm guessing they didn't spot the reply was unsigned, in which case the OP could get lucky if they only summons for speeding, we won't know until the almost inevitable summons arrive (must be applied for within 6 months of alleged offence, can arrive a few weeks later, noting the unsigned offence occured 28 days after you got the request, so that will add 6 weeks after the alleged speeding).
jimster
QUOTE (The Rookie @ Thu, 20 Sep 2012 - 12:35) *
I'm guessing they didn't spot the reply was unsigned, in which case the OP could get lucky if they only summons for speeding, we won't know until the almost inevitable summons arrive (must be applied for within 6 months of alleged offence, can arrive a few weeks later, noting the unsigned offence occured 28 days after you got the request, so that will add 6 weeks after the alleged speeding).

+ 1

I have heard of cases where the cops have ignored an unsigned NIP (in Scotland admittedly) and issued a COFP

I fear the OP has shot himself in the foot here


mrh3369
Grab the course ASAP
jimster
QUOTE (mrh3369 @ Thu, 20 Sep 2012 - 13:06) *
Grab the course ASAP

The offence was in MAY, and the OP sent an unsigned cheque for the fixed penalty

No chance of a course now



glasgow_bhoy
I forsee a few hundred quid fine, cost and of course some nice vicitim support tax heading towards the OP pretty soon....

Very nice alternative to a course or 3 points/£60!
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