Help - Search - Members - Calendar
Full Version: [NIP Wizard] Will I have to go to Court?
FightBack Forums > Queries > Speeding and other Criminal Offences
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2013
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Walsall Wood Road, Aldridge, between A454 Little Aston Rd & Lazy Hill Rd, United Kingdom
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? - 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 - Posting on behalf of my son who is not here at the moment. Offence is speeding 38 mph in 30 mph limit contrary to S84 RTRA 84 Sch 2 RTOA 88 & Local Order.

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: Fri, 12 Jul 2013 10:54:08 +0000
For that speed he'll be offered a speed awareness course (£100ish depending on the area and an afternoon of his time, but no points) or a fixed penalty (3 points and £60). There'll be need to go to court unless he wants to dispute that he was speeding.

When you say he's not here do you mean he'll be back this evening, or is it something more complicated like being out of the country for a long period?
He's at work at the moment. Won't be back until 8.30-9.00 pm.

Sorry, meant to say thank you for your reply.

He had a speeding fine & 3 points in May 2010 so the points have expired but still on his licence until May 2014.
I opened the letter because I just got a feeling it was bad news. I felt sick when I read it, and so will he.

So does he fill the form in, return it and then they send the Fixed Penalty and fine/speed awareness course - no having to go to court?
Transit man
As simple as it comes speeding wise. assuming he has not done a speed awareness course in the last 3 years, then that is the obvious route to take, can be less than the £100 Artnap suggests, but can also easily be that, I recently paid circa £74. If your son passed his test within the last 2 years he will be subject to the new driver conditions, i.e., 6 points & licence is revoked, so if that is the case a course is a no brainer.

He can of course simply accept 3 points & £60 fine, but bear in mind future insurance costs which will increase a bit & he will have to declare the points for 5 years, even though the law is only interested in them for 3 years, go figure!

3rd option is to go not guilty, but unless there is some superb evidence of his innocence (normally unlikely) then don't go that way.
Thank you for your reply.

He passed his test in September 2007. He wasn't offered a speed awareness course last time, I don't think they did them in our area at the time - I hope they do now.

He was 25 last month, don't know if that's relevant, probably not.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2020 Invision Power Services, Inc.