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cemtex
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2013
Date of the NIP: - 19 days after the offence
Date you received the NIP: - 43 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A452 COLLECTOR ROAD (EAST) BETWEEN PARKFIELD DRIVE AND LANCHESTER WAY, SOLIHULL, WETS MIDLANDS
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? - Rental 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 - The time was 8.52am and the road was clear of traffic. The visibility was good and it was a little cloudy. I saw a police traffic van parked in a lay-by on the left just before the island.

I saw that i was far exceeding the speed limit and started to brake, as I went past the van, I was going around 90mph.

There were no flashes and no officer stopped me.

I have then received the NIP and pleaded guilty by post, however I did not include my driving license as I have lost it.

I received a notice of new hearing on 21st January stating -

1. As the court is considering whether to disqualify your from driving because of the seriousness of the offence(s) or the number of penalty points on your license. If you do not come to the next court hearing the court will either hear the case and disqualify you from driving or issue a warrant for your arrest to make you attend. If the court disqualifies you, the disqualification will start at once wether or not you you are present or receive notice by post. You should not drive after the time of the hearing until you know what happened.

I have called the court and confirmed that they received my guilty plea, however they have said, regardless of my please, I MUST attend court on 21st January.

Am I looking to be banned??

I have 0 points and been driving since December 2007

Any advice would be great.

Thank you


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, 16 Jan 2014 21:18:32 +0000
sgtdixie
Yes, they will be considering a ban. For this reason they want you to attend as they dislike banning in absense even though they can do it.
BaggieBoy
I would suspect a ban is the most likely outcome. Best you turn up and grovel.
Jlc
Yup, assume a ban:



Fine reduced by 33%, costs around £85 and victim's surcharge of 10% of the fine.
cemtex
Many thanks guys...

I don't understand why they gave me the option to plead guilty by post in the 1st instance, if they wanted me to attend court anyway?
Jlc
QUOTE (cemtex @ Thu, 16 Jan 2014 - 21:43) *
I don't understand why they gave me the option to plead guilty by post in the 1st instance, if they wanted me to attend court anyway?

Offered but it depends on the particulars whether they will accept a postal plea. Just because they have required your attendance it doesn't mean a ban is a formality - but around a 4+ week ban is likely.
Logician
QUOTE (cemtex @ Thu, 16 Jan 2014 - 21:43) *
Many thanks guys... I don't understand why they gave me the option to plead guilty by post in the 1st instance, if they wanted me to attend court anyway?


Purely a standard letter, your guilty plea will have gone before a court who will have said at that speed a ban must be considered and you must attend when the case is re-listed. You had better make sure you attend as otherwise a warrant for your arrest is likely to be issued. You would almost certainly be bailed to attend court, but it would not be an enjoyable experience. As has been said, a ban is very likely.
The Rookie
Remember a ban is instant, so you won't be driving home from court.
Unzippy
OP says NIP = 19 days after offence..?
Dandg
QUOTE (Unzippy @ Fri, 17 Jan 2014 - 08:29) *
OP says NIP = 19 days after offence..?

OP says Car = Rental vehicle so NO NIP but S172 sent to OP and 14 day rule doesn't apply.
Unzippy
If the rental company (RK) received the NIP at 19 days from the offence..?
I understand it can take a while for it to filter down to the driver.
cemtex
Many thanks for all the replies and advice..

I have been to court today and the magistrate has given me 6 points and a £575 fine (inc costs).

He must have been having a bad day because he 1st of all advised I really should loose my license, however as I was one of the few people that had been before him and are currently in employment, I fine harsh fine will be applied.
AFCNEAL
QUOTE (cemtex @ Tue, 21 Jan 2014 - 15:28) *
Many thanks for all the replies and advice..

I have been to court today and the magistrate has given me 6 points and a £575 fine (inc costs).

He must have been having a bad day because he 1st of all advised I really should loose my license, however as I was one of the few people that had been before him and are currently in employment, I fine harsh fine will be applied.


That reads like he was having a good day surely?
The Rookie
Crikey, you caught him on a good day for you (or everyone else was so bad, your naughtiness looked like good behaviour maybe!)...either way, well done, that is a blinding result.
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