More questions on NIP.

[binksy73]

Hi everyone, should the NIP be singed and dated at the bottom in the box "certificate of service (FOR OFFICAIL USE ONLY)" it says
"I certify that I have this day served the party named above with this notice of which this is a true copy, by sending the said notice by 1st class post to the address above being their/his/her last known address." then below is a line for a Signature and Date. Also at the top of the NIP is a box with Document No and Signature both empty is this correct?
Am I also correct in thinking that if I send in the PACE satement and then get a summons for a court apperence that i can still take the 3 points and £60 fine if I admit my guilt?
Any help would be appreciated Binksy73.

[Dwight VanDriver]

That part is for completion by SCP on their copy to prove by Certificate of Service that it was sent out according to the Act and Section if the need be at Court (if it gets there).
(RTO Act 1988 as amended)

If it is a speeding offence and you have under 9 points on the DL then you may qualify for a Conditional Offer (£60/3 points)providing your speed is under the criteria for the matter to be deal with so. Above and it is Court.

With the NOIP would be a request to name the driver which has to be completed and signed. If not returned in 28 days they can take you to Court for the offence of failing to name which attracts fine and points. (S 172 RTA 88)

dvd

Edited by Dwight VanDriver on Thursday 2nd August 21:09

[SS2.]

binksy73 said:

should the NIP be singed and dated at the bottom in the box "certificate of service (FOR OFFICAIL USE ONLY)" it says
"I certify that I have this day served the party named above with this notice of which this is a true copy, by sending the said notice by 1st class post to the address above being their/his/her last known address." then below is a line for a Signature and Date.

That should be completed on their copy of the NIP, not yours, and retained by them as proof, if required, that the document was sent.

binksy73 said:

Am I also correct in thinking that if I send in the PACE satement and then get a summons for a court apperence that i can still take the 3 points and £60 fine if I admit my guilt?

Maybe, maybe not - would be largely dependant on the excess speed alleged, any aggravating factors, the Magistrates' mood on the day, whether or not you pi55 them off and what you declare your means to be..

If it gets as far as court and you are convicted though, expect to pay costs of not less than £43 on top of any fine handed out..

[SS2.]

Dwight VanDriver said:

With the NOIP would be a request to name the driver which has to be compleded and signed. If not returned in 28 days they can take you to Court for the offence of failing to name which attracts fine and points.

Tut tut, dvd ..

Where does it say that the NIP / S.172 has to be completed and signed (as opposed to a letter which contains all of the details requested) ?

[Dwight VanDriver]

Tut tut indeed SS.......where you been?.

Http://www.tinyurl.com/2w6kl

Read Para 17

In this case it was held that 172 Notice responce has to be in writing and signed and if you have been following things Mr Francis appealed to ECHR on the matter that this was incrimination. Appeal thrown out.

http://www.pepipoo.com/ Second item down.....

dvd

Edited by Dwight VanDriver on Thursday 2nd August 21:42

[SS2.]

Dwight VanDriver said:

Tut tut indeed SS.......where you been?.

Http://www.tinyurl.com/2w6kl

Read Para 17

In this case it was held that 172 Notice responce has to be in writing and signed and if you have been following things Mr Francis appealed to ECHR on the matter that this was incrimination. Appeal thrown out.

http://www.pepipoo.com/ Second item down.....

Ah, but dvd - I wasn't disputing that a written response to a s.172 notice is required, nor that it is required to be signed, but where does it say the actual NIP / s.172 has to be completed, signed and returned ?

[Towie]

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

[binksy73]

Hi i have recieved the photo evidance & camera certificate but on the photo cannot find the camera serial number where should it be? I was done by a camera van 45mph i think in a 30mph any one know what points i will get? Tyred to find out speed but tolded to fill in NIP then will find out speed only got a few days left before 28 days are up & still debating whether to use PACE statement any advise appriciated.

[binksy73]

Hi I have recieved my photo & camera certificate but on the photo cannot find the camera serial number does anyone know where it should be or the speed? I was done by a camrea van doing 45mph I think in a 30mph zone this may be less, I have tryed to find out my speed but was advised to fill out NIP then I would find out what speed I was doing. I only have a few days left then my 28 days are up still thinking of sending in the PACE statement but not sure if this is a good move on my first offence. Any advise appriciated Steve.

[SS2.]

binksy73 said:

I was done by a camera van 45mph i think in a 30mph any one know what points i will get?

If you played ball and returned the completed and signed s.172 form, 45 in a 30 would qualify for a Conditional Offer of Fixed Penalty - £60 and 3 points.

If you decide to contest the allegation and lose, the current Magistrates' sentencing guidelines suggest 4-5 points OR a short period of disqualification. Its probable the fine would be heavier than £60 plus the prosecution would apply for costs of not less than £43.

Obviously, if you contest / defend the allegation and win, then you get zero points, zero fine and costs awarded to you..