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FightBack Forums > Queries > Speeding and other Criminal Offences
firstdriver
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2014
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Kirkstall Road, Leeds between Gilbert Mount to Redcote Lane Junction with Birfed Crescent towards Leeds Centre, United Kingdom
Was the NIP addressed to you? -
Was the NIP sent by first class post, second class or recorded delivery? - Not known
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 - I was driving on a main road towards Kirkstall and saw a flash, realised I had been photographed by a speed camera. The road is a main thoroughfare and I thought the speed limit was 40mph, I was travelling at 38mph. I paid the fine and have a receipt and transaction number but didn't realise I needed to send the counterpart driving license
Yesterday I received a refund cheque together with a summons to appear in court. I was guilty and am prepared to pay a fine but I am a relatively new driver and had a previous speeding ticket but was offered a speed awareness course instead of points and a fine. I'm now worried that I may be disqualified, can anyone provide me with any advice please.


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: Thu, 19 Jun 2014 19:31:02 +0000
southpaw82
You won't be disqualified.

peterguk
What made you think the limit was 40mph?
Jlc
3 points, costs around £85 and victim's surcharge of 10% of the fine. The fine will be discounted by 33% for a guilty plea.

Unless there are signs to the contrary the limit is usually 30mph - I'm guessing the was a series of street lighting which makes it a 30 (the lamp posts acts as repeaters)

As a new driver you need to be very aware of this or your licence will be revoked.
firstdriver
Thanks for your help.
The road looked like a major road and when I checked later there were very few speed limit signs. Will the previous offence leading to the Speed Awareness Course be reactivated leading me to have 6 points and my license rescinded?
BaggieBoy
QUOTE (firstdriver @ Thu, 19 Jun 2014 - 21:05) *
Will the previous offence leading to the Speed Awareness Course be reactivated leading me to have 6 points and my license rescinded?

No, that matter was concluded when you attended the course.
Jlc
QUOTE (firstdriver @ Thu, 19 Jun 2014 - 21:05) *
The road looked like a major road and when I checked later there were very few speed limit signs.

See my comments above. You are not alone in assuming such roads have a higher limit but there won't be speed limit signs other than at the entry of the 30mph (terminal sign). If you don't see signs to the contrary always assume it's a 30.
Logician
You will be able to deal with this by post and avoid attending court unless you want to, but this time read and follow the instructions you receive, the plastic card is only part of your licence, the counterpart is where the endorsements go, so needs to accompany the plastic card in these matters. Some time in the future all information will be encoded on the plastic card, but not yet. You have now had two speeding offences as a relatively new driver, you cannot afford a third or points from any other offence or you will be back at the learner stage, as no doubt you realise.
The Rookie
They usually explain speed limit signage very well at the courses, I know they are boring, but maybe you should familiarise yourself with the Highway Code so know how they are signed.....what they look like being irrelevant.
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