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FightBack Forums > Queries > Speeding and other Criminal Offences
RHarg
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2015
Date of the NIP: - 0 days after the offence
Date you received the NIP: - 0 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M6 Toll
Was the NIP addressed to you? - Yes
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? - Named driver
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 travelling on M6 toll traffic was light and roads clear. Driving conditions were good and I got carried away. No excuses really. I've received a postal requisition and in it the statement from the police officer states he verbally gave me an NIP does this mean I'm being charged with a ban or points and a fine? When I was speaking to the police officer he didn't mention a ban but reading now I can see that is possible? I've been driving 17 years and have a clean licence. Should I send off the paper work now with a letter? Any advice greatly appreciated.

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: Tue, 02 Jun 2015 18:41:58 +0000
Jlc
A ban is possible but points more likely:



Try a guilty postal plea - if they are considering a ban they'll adjourn and request your presence.

Fine discounted by 33% for a guilty plea, costs of £85 and victim's surcharge of 10% of the fine.
RHarg
OK thanks for the feedback. He told me I should hear from them in a couple of weeks so just assumed it was going to be points or a speed awareness class especially as he kept saying about how the conditions of the road would work in my favour. Bit of a shock when I got the letter this morning just had a major panic. OK letter will be done ASAP.
The Rookie
The officer can't decide the punishment the court awards, he can decide not to offer a course or fixed penalty, as you were above the guideline speed for being offered either a court case was inevitable.
RHarg
Ah OK I see, thanks again for the advice. Hopefully it won't be a ban. Have certainly learnt my lesson was a bit of a shock being in the back of their car
RHarg
Following the advice given on this forum I wrote my guilty plea and sent it early. I have not had any response and the hearing was on the 14th August and I still have not heard anything. Is this normal? How soon should I expect a response?

Thanks in advance for any help/advice with this.

southpaw82
Have you considered phoning the court and asking them?
The Rookie
The delay probably means they are scheduling a second hearing requiring you to attand as they are considering a ban.

Phone and ask as SP suggests.
Logician
With the cuts HMCTS have suffered there are fewer back office staff, so not getting a result inside a week is not unexpected.
RHarg
I have tried calling over the last couple of days but had no one pick up I keep trying but still the same so just thought I would check on here to see how long people were waiting for their responses. It has only been a week but just wanted to check. Thanks for all comments.
toomanypoints
Was the court your hearing was at Stafford Magistrates Court as M6 Toll and is called Summons Court Central and South West on the requisition

If it was, that was where my hearing was on Thursday and the usher said to expect my licence returned within a week and the leaflet they gave me about paying my fine said to contact the fines office if fines notice not received within a week

It may be worth checking with them on Monday to see about the delay
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