Author Topic: 2 NIP notifications 2 mins apart  (Read 370 times)

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saiki

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2 NIP notifications 2 mins apart
« on: June 05, 2024, 09:21:26 pm »
Hi,

I have received two NIP notices from Bedfordshire Police on for speeding.  The first is for 35 in a 30 that occurred at 1530 on the A111 Southgate road.  The second, 40 in a 30 occurred on the B556 Mutton Lane at 1532.

I am aware that you have to complete both notices independently to respond, however is there anything that can be done to combine the office as one?

The NIPS are -

https://fastupload.io/b28eb9661fdcdbbe

https://fastupload.io/5f9a473b1bfeb768

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NewJudge

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Re: 2 NIP notifications 2 mins apart
« Reply #1 on: June 05, 2024, 10:53:26 pm »
There are two possibilities with this:

You could ask the police to consider the two as one continuous offence. I doubt they will because, looking at the map, there is a substantial intersection between those two locations, crossing Barnet Road. I imagine you must have slowed down or stopped at that junction.

You could ask a court to consider that, whilst they are separate offences, they were committed "on the same occasion." This would mean a fine and an endorsement for each, but only one lot of penalty points. "On the same occasion" is not defined so it would be up the court to decide that question.

The Rookie

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Re: 2 NIP notifications 2 mins apart
« Reply #2 on: June 06, 2024, 09:33:47 am »
You could ask a court to consider that, whilst they are separate offences, they were committed "on the same occasion." This would mean a fine and an endorsement for each, but only one lot of penalty points. "On the same occasion" is not defined so it would be up the court to decide that question.
To add, you can accept the inevitable fixed penalty offer for one offence and still request the court consider the second one 'on the same occasion' and if they agree, just fine you thus reducing the overall liability.

HOWEVER either would normally result in an awareness course offer (no points and circa 90), so that would be a course and a 3point/100 Fixed penalty and you may not want to consider the risk (and extra cost regardless) of trying the 'on the same occasion' route.
There are motorists who have been scammed and those who are yet to be scammed!

saiki

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Re: 2 NIP notifications 2 mins apart
« Reply #3 on: June 13, 2024, 07:16:05 pm »
I've sent the completed forms back today and will wait and see what they respond with before coming back to take a view.  I completely understand about slowing down with the lights, I cannot with any certainty say one way or the other.

saiki

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Re: 2 NIP notifications 2 mins apart
« Reply #4 on: July 05, 2024, 01:54:43 pm »
The police sent back two 3 point and 100 fine notices.

Do I just send a letter asking them to treat them as one?  Do I have to complete the form before I do that, if I send the letter does it postpone the clock on returning the form?

NewJudge

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Re: 2 NIP notifications 2 mins apart
« Reply #5 on: July 05, 2024, 02:59:38 pm »
The option to consider they were two offences "committed on the same occasion" can only be taken by the court. The police will not make that decision as the fixed penalty process does not have the provision for that argument to be considered.

To go down this route you will have to decline (or ignore) the fixed penalties and have your matters heard in court. If you are successful with your argument you will only see three points imposed, but you will face two fines (which each should be a third of a week's net income). The prosecution will probably only ask for one lot of costs (around 90) but you will also pay a "Victim Surcharge" (40%) on each of the fines. This will almost certainly cost you more than 200 but it is the only way you can attempt to reduce the points total.

The alternative (which seems a better idea) is to adopt Rookie's suggestion in post #2 and accept one fixed penalty and take the second charge to court.

It surprises me that you were not offered a course for one offence. Have you done one in the last three years?
« Last Edit: July 05, 2024, 03:02:32 pm by NewJudge »