What is the name of the Constabulary? -

Date of the offence: - October 2012
Date of the NIP: - 97 days after the offence
Date you received the NIP: - 125 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M60 Motorway clockwise junction 25, Bredbury
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
If your are not the Registered Keeper, what is your relationship to the vehicle? - It is owned by the wife
How many current points do you have? - 6
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 have a trial on the 18th of July at Stockport Magistrates, in Cheshire for a speeding offence which took place on the 27th of October 2012.
The offence was driving on a motorway, M60, travelling at 59mph at a speed exceeding 50 miles an house.
At the time, I pleaded not guilty as my mitigating circumstances are, which is the absolute truth, that I was driving back home from Halifax with my family, day after our Eid celebrations. My daughter of 6 months at the time wasn’t well. As we approached the Ashton exit, my daughter started to cry erratically and screaming hysterically. As I couldn’t stop on the hard shoulder, my wife and I were doing our best to calm her down.
As I was driving, I was keeping attention on the road but not my speed but at the same time trying to console my daughter along with my wife. Unfortunately at that moment the speed reduced to 50mph whereby I carried on at the same speed as previously. I did not see the signs to reduce speed due or did and sub consciously did not register.
The speed camera in question is the average speed camera. The M60 before Stockport East bends towards the right, thus 50mph is advised. There are lane cameras at the top before the bend and after the bend.
Do I have a chance to win this case or not? I want to stick to my principles that speeding is done when it is a conscious decision. However there are occasions when one is speeding but doesn’t know of it. In my case, I am careful, especially when with my family but I have exceptional mitigating circumstances.
PS I do not know the actual dates when I received the NIP as I have only got the Notice of Court hearing
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? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. 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: Tue, 09 Jul 2013 14:58:12 +0000