Not signing NIP (again!)
Discussion
OK guys,
I've read around this subject now and I am considering not signing the NIP sent to me 2 weeks ago. It alleges I was doing 63 mph in a 50 zone. There is no way on earth that driving at that speed on that day on that road was dangerous.
So I want to do something about it.
This is my question:
What will a solicitor say if I ring up and tell them that I want them to fill in the NIP (typed by the solicitor) and that intend to send it back unsigned? Will they agree to it? Won't most solicitors tell me to "go away"?
How should I find a nice solicitor prepared to do this and go to court with me (which will inevitably happen)?
Obviously Dwight Yorke managed it but he has more of the folded than I do.
I've read around this subject now and I am considering not signing the NIP sent to me 2 weeks ago. It alleges I was doing 63 mph in a 50 zone. There is no way on earth that driving at that speed on that day on that road was dangerous.
So I want to do something about it.
This is my question:
What will a solicitor say if I ring up and tell them that I want them to fill in the NIP (typed by the solicitor) and that intend to send it back unsigned? Will they agree to it? Won't most solicitors tell me to "go away"?
How should I find a nice solicitor prepared to do this and go to court with me (which will inevitably happen)?
Obviously Dwight Yorke managed it but he has more of the folded than I do.
One of our panel of specialist motoring solicitors should be able to help you under our fixed fee scheme initially. If they do issue a summons under s172 (not giving driver details) this is worth fighting!
www.road-law.co.uk
www.road-law.co.uk
johnny senna said:
Has anyone "come a cropper" with the law for not signing the NIP? aybe I'll be the first to be made an example of?
It is likely that you will be summonsed for S172 or speeding or both, depending on area.
By all means don't sign, but when you get the reminder, you may as well sign unless you are prepared to see it through. You may well be successful in the end, but you will (usually) have to work for it.
johnny senna said:
Well I just spoke to a local solicitor who didn't think it would work, and he did know about Yorke.
In general, you are wasting your time (and money) with a non-specialist.
With a bit of work, most people could probably do as good a job themselves as a non-specialist.
It is extremely rare for the CPS to cite Maudesley as a method of getting the form in for the speeding conviction. Quite why is unknown for sure, however, it seems likely that it is the fact that Judge Owen got it wrong about the lack of a requirement for a caution where the form is to be used as evidence (which it is).
Whether you have to sign to satisfy S172 is going to the High Court on appeal. There is no date yet, but it will probably be about late March. It will probably go to appeal though, whoever loses.
The Bluff & Blusters will probably spin out a final decision on your part until the mid March anyway.
Always wait as long as possible before replying to any correspondence. Procrastination is the name of the game.
So, if you are prepared to work for it, there is all to play for.
You can always plead guilty on the S172 if the appeal goes the wrong way.
The point, really, of my previous post is that it is usually not an 'easy' option.
>> Edited by jeffreyarcher on Friday 13th February 02:10
jeffreyarcher said:
Well I just spoke to a local solicitor who didn't think it would work, and he did know about Yorke.
In general, you are wasting your time (and money) with a non-specialist.
With a bit of work, most people could probably do as good a job themselves as a non-specialist.
It is extremely rare for the CPS to cite Maudesley as a method of getting the form in for the speeding conviction. Quite why is unknown for sure, however, it seems likely that it is the fact that Judge Owen got it wrong about the lack of a requirement for a caution where the form is to be used as evidence (which it is).
Whether you have to sign to satisfy S172 is going to the High Court on appeal. There is no date yet, but it will probably be about late March. It will probably go to appeal though, whoever loses.
The Bluff & Blusters will probably spin out a final decision on your part until the mid March anyway.
Always wait as long as possible before replying to any correspondence. Procrastination is the name of the game.
So, if you are prepared to work for it, there is all to play for.
You can always plead guilty on the S172 if the appeal goes the wrong way.
The point, really, of my previous post is that it is usually not an 'easy' option.
>> Edited by jeffreyarcher on Friday 13th February 02:10
That is much appreciated, thanks.
Now I'm off to have a think about it.
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