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FightBack Forums > Queries > Speeding and other Criminal Offences
Jammy B
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2012
Date of the NIP: - 11 days after the offence
Date you received the NIP: - 21 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? - COMPANY VAN
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 - Driving down the M4 to the Toll booths. Moved over to outside lane and noticed camera van on flyover. Braked hard but was too late.

NIP received for doing 79mph whilst in the 50mph zone.


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? - 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: Fri, 09 Nov 2012 18:24:30 +0000

I entered more detail but it didn't make it through the wizard. unsure.gif huh.gif


I just wanted to know what will happen once i sign the form and send it back? what will the expected fine/points be? Never had one of these before and i got this just days after 10 years of driving with zero offences!

mrh3369
It's going to be a court appearance with 6 points a likely outcome and the possibility of a short ban.
Jlc
That speed is a court summons I'm afraid. Try this calc for the potential penalty:

Logician
Up to 75 you would have been likely to get a fixed penalty, but at 79 there is little chance (although I did read this morning about FPNs being given for speeds of over 100 on the M6 toll) Therefore it is likely that you will be summonsed to court, which can easily take 6 months or so. That speed is in the top band of the mags' guidelines, 76 to 85 in a 50, where the guideline is for 7 to 56 days disqualification or 6 points, and a fine equal to your net weekly income, which would come down by 33% for a guilty plea, plus costs of c£85 plus surcharge. 4 to 6 weeks disqualification would be pretty standard, unless you can convince the court that in your particular circumstances that would be unduly harsh. The same arguments you would use for an exceptional hardship totting case can be used, hardship to others counting for more than hardship to yourself.
glasgow_bhoy
A little off topic, but as your now 10 years driving and have a reason you might need your license soon, make sure the photocard is up-to-date and hasn't expired if you haven't already renewed it!
Jammy B
My summons arrived on Tuesday 30th May.

I've had conflicting arguments that this is now invalid as its been over 6 months???

Can anyone confirm this?
trubster
Check the 'date of information' this needs to be laid with the courts before the end of the 6 month period from the date of offence.

Probably a court backlog.
mrh3369
Is the date of information( not the date of the summons but it should be on there) within 6 months? If so its valid.
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