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Full Version: [NIP Wizard] [NIP WIZARD] Clocked 102MPH on 60MPH? Dual carriagway. What to expect?
FightBack Forums > Queries > Speeding and other Criminal Offences
Davep1967
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2015
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 13 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A494 Mold Bypass by Broncoed-isaf, Flitshire.
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 - Caught by a camera van on a dual carriageway 60 MPH i'm presuming, on a motorbike clocked at 102MPH.
What should I expect? Do I sent the NIP back unsigned?

I am supposed to be going touring in Germany in July, scared the ban (if I get one) will coincide with my holiday.


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? - Wales

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, 04 May 2015 13:00:17 +0000
The Rookie
Sending the NIP back unsigned means you commit the same offence as not sending it back at all, that would be 6 points and a fine of circa 150% of your weekly take home pay.

If you respond this will be going to court for that speed, it is likely you will get a short ban, 14-28 days at a guess, as to which will affect your insurance worse, well run some dummy quotes using the same postcode but different number, use a reg number for the same make and model and a made up name, but the MS90 code for failing to reply tends to have a worse impact than the SP30 for speeding.
peterguk
QUOTE (Davep1967 @ Mon, 4 May 2015 - 14:00) *
Do I sent the NIP back unsigned?


Why do you think that is an option?
Davep1967
QUOTE (peterguk @ Mon, 4 May 2015 - 14:05) *
QUOTE (Davep1967 @ Mon, 4 May 2015 - 14:00) *
Do I sent the NIP back unsigned?


Why do you think that is an option?


I read it mentioned on some forums, but I think they where old.

peterguk
QUOTE (Davep1967 @ Mon, 4 May 2015 - 14:11) *
QUOTE (peterguk @ Mon, 4 May 2015 - 14:05) *
QUOTE (Davep1967 @ Mon, 4 May 2015 - 14:00) *
Do I sent the NIP back unsigned?


Why do you think that is an option?


I read it mentioned on some forums, but I think they where old.




More likely the offence was in Scotland. Rules are different in Scotland.
Davep1967
QUOTE (The Rookie @ Mon, 4 May 2015 - 14:04) *
Sending the NIP back unsigned means you commit the same offence as not sending it back at all, that would be 6 points and a fine of circa 150% of your weekly take home pay.

If you respond this will be going to court for that speed, it is likely you will get a short ban, 14-28 days at a guess, as to which will affect your insurance worse, well run some dummy quotes using the same postcode but different number, use a reg number for the same make and model and a made up name, but the MS90 code for failing to reply tends to have a worse impact than the SP30 for speeding.


Thanks for this so if I don't send it back at all will the 6 points and fine be it?
Sounds like it's preferable to a ban/fine which will effect me a lot more going forward.

Kickaha
The affect on insurance is quite considerable for the next 4 or 5 years if you are found guilty of ftf.
southpaw82
QUOTE (Davep1967 @ Mon, 4 May 2015 - 14:13) *
QUOTE (The Rookie @ Mon, 4 May 2015 - 14:04) *
Sending the NIP back unsigned means you commit the same offence as not sending it back at all, that would be 6 points and a fine of circa 150% of your weekly take home pay.

If you respond this will be going to court for that speed, it is likely you will get a short ban, 14-28 days at a guess, as to which will affect your insurance worse, well run some dummy quotes using the same postcode but different number, use a reg number for the same make and model and a made up name, but the MS90 code for failing to reply tends to have a worse impact than the SP30 for speeding.


Thanks for this so if I don't send it back at all will the 6 points and fine be it?
Sounds like it's preferable to a ban/fine which will effect me a lot more going forward.

Nobody here will advise you to commit a criminal offence (which not returning the form is).
Logician
QUOTE
Caught by a camera van on a dual carriageway 60 MPH i'm presuming, on a motorbike clocked at 102MPH.


If it is a dual carriageway, why are you presuming it is a 60mph limit?
Davep1967
QUOTE (Logician @ Mon, 4 May 2015 - 16:12) *
QUOTE
Caught by a camera van on a dual carriageway 60 MPH i'm presuming, on a motorbike clocked at 102MPH.


If it is a dual carriageway, why are you presuming it is a 60mph limit?


My mistake, it's a single carriageway so might well be 50 or 60. Just been on google maps and I don't see any road signs.

BaggieBoy
There is a known mobile site on the A494 Mold Bypass, but it's a single carriageway and so is a 60MPH limit.
Logician
Unfortunately a ban is likely for that speed. It often takes some months for a summons/requisition to be issued and then the court date has to be booked. I would be very surprised if anything happens quickly enough to interfere with your holiday.
Davep1967
Thanks for all your reponses, i am going to get legal representation and see if we can drag it out till after my trip to Germany.

Churchmouse
QUOTE (Davep1967 @ Mon, 4 May 2015 - 14:13) *
Sounds like it's preferable to a ban/fine which will effect me a lot more going forward.

It is clear that you must comply with the instruction to name the driver. (Just as it was perfectly clear that you must not do the ton on an empty single carriageway in North Wales.) What are you, some kind of serial offender? Have a safe trip. Schwartzwald?

--Churchmouse
The Rookie
QUOTE (Davep1967 @ Tue, 5 May 2015 - 10:37) *
Thanks for all your reponses, i am going to get legal representation and see if we can drag it out till after my trip to Germany.

The summons is probably 6 months away, that would be normal, blowing a few hundred quid to try and achieve something you both don't need to, and it probably wouldn't help even if you did, seems pointless, but it's your cash.

Nothing you can do right now anyway until you get a summons, so may as well wait for that.
AntonyMMM
QUOTE (Davep1967 @ Tue, 5 May 2015 - 10:37) *
Thanks for all your reponses, i am going to get legal representation and see if we can drag it out till after my trip to Germany.


If you are going to be pleading guilty, legal representation is probably a waste of money - save it for the fine.

Send the NIP back close to the 28 day limit and await their summons - very unlikely to be in court before July, but you can deal with that problem if/when it happens.
Jlc
Also, an initial postal plea could push matters back too. (They would likely adjourn and request presence to consider a short ban)
Davep1967
QUOTE (Churchmouse @ Tue, 5 May 2015 - 10:46) *
QUOTE (Davep1967 @ Mon, 4 May 2015 - 14:13) *
Sounds like it's preferable to a ban/fine which will effect me a lot more going forward.

It is clear that you must comply with the instruction to name the driver. (Just as it was perfectly clear that you must not do the ton on an empty single carriageway in North Wales.) What are you, some kind of serial offender? Have a safe trip. Schwartzwald?

--Churchmouse



Haha serial offender, whatever, yeah black forest and Iffel.

Logician
QUOTE (Davep1967 @ Tue, 5 May 2015 - 10:37) *
Thanks for all your reponses, i am going to get legal representation and see if we can drag it out till after my trip to Germany.


As I said, it is very unlikely to happen before your trip to Germany, anyway. It usually takes most of the 6 months allowable before the summons is issued, goodness knows why, and then the court has to be booked. If you are going on the Nurburgring, remember it is not open to the public every day, and your insurance probably will not cover you.

Davep1967
QUOTE (Logician @ Tue, 5 May 2015 - 12:33) *
QUOTE (Davep1967 @ Tue, 5 May 2015 - 10:37) *
Thanks for all your reponses, i am going to get legal representation and see if we can drag it out till after my trip to Germany.


As I said, it is very unlikely to happen before your trip to Germany, anyway. It usually takes most of the 6 months allowable before the summons is issued, goodness knows why, and then the court has to be booked. If you are going on the Nurburgring, remember it is not open to the public every day, and your insurance probably will not cover you.


Thanks for the info, we will be going to the Nurburgring, been before and doubt we will be going on, some right nutters on there :-)

Logician
QUOTE (Davep1967 @ Tue, 5 May 2015 - 12:58) *
............some right nutters on there :-)


I'll say!

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