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FightBack Forums > Queries > Speeding and other Criminal Offences
newdan
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2014
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A38 plympton, plymouth, devon, 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? - Partners 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 - Driving along the A38 then pulled of the slip road down to the traffic lights when a police dog car came up behind, turned to go off into Plymouth when she proceeded to pull me over and issued the ticket. She said she was following me at atleast 90mph, I believe I wasn't go over 90mph.

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: Mon, 03 Mar 2014 13:41:55 +0000
Jlc
Yes.

The offence is exceeding the limit and the officer's opinion corroborated by their speedo is sufficient. I presume you've been given a fixed penalty offer - if you were exceeding 70mph then you are probably best advised to accept it as the sentence at court will be higher, significantly so if found guilty after a not guilty plea.
newdan
I guess the point I'm asking is if they are allowed to issue speeding tickets with a single officer in a unequipped vehicle? The vehicle was driving was a VW van so technically the speed limit is 60mph but they have issued a fixed penalty for exceeding 70mph but there is no mention of speed on there.
sgtdixie
QUOTE (newdan @ Mon, 3 Mar 2014 - 13:49) *
I guess the point I'm asking is if they are allowed to issue speeding tickets with a single officer in a unequipped vehicle? The vehicle was driving was a VW van so technically the speed limit is 60mph but they have issued a fixed penalty for exceeding 70mph but there is no mention of speed on there.

There is case law allowing the speedometer to corroborate opinion. Where the allegation is so far above 70 mph you would have quite a job convincing a court the speedometer was 20 mph out. The vehicles speed limit for the Police van is irrelevant as there is a statutory exemption for Police in such circumstances.
newdan
Even if it was a single officer? Sorry I meant my vehicle was a van, the police car was a dog response car.
sgtdixie
Yes, how many time do you want us to say this?
newdan
Sorry my computer wasn't updating quick enough for you replies and wasn't sure if it was clear.

Thank you for you time and advice.
Jlc
90 in a '60' is not something you'd want to take to court...
The Rookie
QUOTE (newdan @ Mon, 3 Mar 2014 - 13:55) *
Sorry my computer wasn't updating quick enough for you replies and wasn't sure if it was clear.

It doesn't update, you have to refresh the page!
glasgow_bhoy
Christ for 90 in a 60 take the bloody ticket!! It wouldn't be one even considering taking to court. Bearing in mind the fine and points you've been offered are only meant to be offered upto 86mph...
SatNavSam
QUOTE (glasgow_bhoy @ Mon, 3 Mar 2014 - 19:33) *
Christ for 90 in a 60 take the bloody ticket!! It wouldn't be one even considering taking to court. Bearing in mind the fine and points you've been offered are only meant to be offered upto 86mph...


As GB says - grab that ticket with both hands, you're damn lucky!
Pete P
I know you were caught by an officer in a car, but there's a layby between the Marsh Mills and Deep Lane exits which is very popular with mobile speed enforcement vans so be careful.
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