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FightBack Forums > Queries > Speeding and other Criminal Offences
k2777
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2021
Date of the NIP: - 51 days after the offence
Date you received the NIP: - 51 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M25, NR M/POST 5563B, ANTI CLOCKWISE CARRIAGEWAY, EPPING
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 - Driving from Stansted Airport to home on 28/09 at about 1am. Camera flashes at 01.12 and alleged car speed is 49 m/ph as stated on the NIP - there were works ongoing on the M25 and a variable speed limit was in place.

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? - No
Was there a valid reason for the NIP's late arrival? - 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, 18 Nov 2021 17:05:34 +0000

Hi all,

After some advice if possible please. I was driving back from Stansted Airport on the 28/09 doing 49 mph on the M25, there was a variable speed limit of 40 mph set in place. I have no recollection of doing that speed – thought I was doing more like 43/44pmh…
Moved house the very next day, 29/09 and a week later updated my V5. Asked new owners to notify me of post but nothing for this arrived. It was causing me a bit of stress so I thought the best course of action would be to email Essex Police asking if there was an offence registered and whether they could resend the NIP to my new address (emailed them on 25/10). On 26/10, Essex Police confirmed they would send it out my new address.
12/11, still nothing received so I emailed again and they confirmed on 15/11, they would resend a reminder notice out although I never received the original one…
18/11 (today) received a reminder of application for the identity of the driver (this part is dated 16/11) alongside a copy of the original intention to prosecute however the copy has no date on it.
Just have a few questions,
• Is it normal for the official copy to have no date on it?
• The reminder states I have to submit the form back of driver details within 28 days of the alleged offence, it’s way past that now – will there by any recourse for this? I’ll get it filled out and sent back tomorrow but wanted to check.

Thanks in advance
The Rookie
That you don’t recall it doesn’t mean it didn’t happen obviously.

You could contact them and ask for photos on the pretence that they are to help you confirm the drivers ID and see what they show, but it’s far more likely you were doing 49 than that the system got it wrong.
k2777
Thanks for the response. I don't deny the speed, just meant to say I was surprised that I was doing faster than I thought, although it was 1am and it had been a really long night flying back.

I more so wondered whether a blank date on the letter is normal? I'm now thinking if I had just left it and not emailed them, would the letter have arrived a lot later...
666
QUOTE (k2777 @ Thu, 18 Nov 2021 - 17:53) *
Thanks for the response. I don't deny the speed, just meant to say I was surprised that I was doing faster than I thought, although it was 1am and it had been a really long night flying back.

I more so wondered whether a blank date on the letter is normal? I'm now thinking if I had just left it and not emailed them, would the letter have arrived a lot later...

If you hadn't e-mailed, then it's most likely that correspondence would have continued to go to the old address. That would have resulted in your being convicted (in your absence) of speeding and of failure to furnish driver details, with 9 points and a large fine.

Jlc
QUOTE (666 @ Thu, 18 Nov 2021 - 18:04) *
...with 9 points and a large fine.

Just 6.
k2777
Guessing the lack of date or the deadline date on the S172 does not matter much so I'll complete the form and get it sent back - hopefully I will get offered the course. Thank you
666
QUOTE (Jlc @ Thu, 18 Nov 2021 - 18:28) *
QUOTE (666 @ Thu, 18 Nov 2021 - 18:04) *
...with 9 points and a large fine.

Just 6.

You’re right.
NewJudge
QUOTE (k2777 @ Thu, 18 Nov 2021 - 18:42) *
Guessing the lack of date or the deadline date on the S172 does not matter much...

I think you may have misunderstood the s172 notice. You have 28 days from the date the notice was served on you (which is presumed to be two days after it was posted) not from the date of the offence. For various reasons, s172 notices are often served a considerable time after the offence and to make the deadline dependent on the date of the offence would see many responses returned late. But as you say, it doesn't matter.
andy_foster
Technically 27 days from the date the notice was served (28 days beginning with the date of service), which is deemed to be 2 working days after it was posted unless the contrary is proven.
TMC Towcester
Experts will correct me, but isnt 49/40 the same punishment as 44/40?
The Slithy Tove
QUOTE (k2777 @ Thu, 18 Nov 2021 - 18:42) *
Guessing the lack of date or the deadline date on the S172 does not matter much so I'll complete the form and get it sent back - hopefully I will get offered the course. Thank you

Don't hang around. It's already 2 months after the incident, and they stop offering courses after a while so that they still fall inside the 6 month limit for prosecution if you don't take up the offer.
FuzzyDuck
QUOTE (TMC Towcester @ Fri, 19 Nov 2021 - 00:42) *
Experts will correct me, but isnt 49/40 the same punishment as 44/40?

Yes but police wouldn't normally take action unless the speed was 46 or more.
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