Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


NIP...:/

Reply to topic
Bike Chat Forums Index -> General Bike Chat Goto page 1, 2, 3  Next
View previous topic : View next topic  
Author Message

Crazy-Duck
Nitrous Nuisance



Joined: 05 Mar 2013
Karma :

PostPosted: 11:03 - 05 Sep 2014    Post subject: NIP...:/ Reply with quote

Good morning all

Sort of a long winded one but I’ll cut it down as much as possible.
The morning of my MOD 2 myself, a man doing his test that day and our instructor went out for a sort of mock test in the morning. And as I’m sure you are all aware you go where the instructor tells you to go. Riding down a road and there was a handful of police standing there. Didn’t think much of it at the time. Until over a month after I passed I received a letter, Notice of Intent to Prosecute, apparently that stretch of road is a temporary bus lane between 7:30 and 9:30am. We rode down there at 9:12.
I replied to the original letter within a few weeks but I had another through the post this morning saying they never received the first one and if I don’t reply to this one within 7 days of the date on the letter they will take me to court over it.
With a maximum fine of £1000 and 6 points on my first licence I am looking at fighting it. My main fighting point will be that I was under instruction, following directions and that nowhere on the hire bike I was riding was there a clock.

I am going to accompany the NIP with a letter saying I wish to appeal the charges. But I have no idea what to put into it.
I need to reply and get it sent today.

Any advice would be much appreciated Smile
____________________
Passed Mod 2 19th June 2014. First 'Big Bike' Ducati Monster 600 Smile
 Back to top
View user's profile Send private message You must be logged in to rate posts

Kris
World Chat Champion



Joined: 03 Feb 2002
Karma :

PostPosted: 11:11 - 05 Sep 2014    Post subject: Reply with quote

What's the punishment if you accept the bribe Fixed penalty?
____________________
NSR125RR - ZXR750H1 - ZX9R E1 - GSF600S - GSF600SK3 - VFR400-NC30 - SV1000N - ST1100-R - CBR900RR-R - GSF1200SK5 - GSF600SK1 - VFR1200FA - GSXR1000K2 - ZZR1400 D8F
www.prisonplanet.com
 Back to top
View user's profile Send private message You must be logged in to rate posts

Crazy-Duck
Nitrous Nuisance



Joined: 05 Mar 2013
Karma :

PostPosted: 11:31 - 05 Sep 2014    Post subject: Reply with quote

box at the bottom of the letter

" Under section 172 of teh road traffic act 1988 you are required to supply the information requested abovewithin 28 days beginning with the date of service. on conviction for failure to supply the informatiuon, the penalty carries a maximum of £1000= 6 penalty points"
____________________
Passed Mod 2 19th June 2014. First 'Big Bike' Ducati Monster 600 Smile
 Back to top
View user's profile Send private message You must be logged in to rate posts

map
Mr Calendar



Joined: 14 Jun 2004
Karma :

PostPosted: 11:33 - 05 Sep 2014    Post subject: Reply with quote

So this is just tell us who was riding then?
So they can then send the bribe amount fine to the right person?

You haven't actually got any court papers?

Did you get any proof of posting for the original?
Bet you will for this one.
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger? Very Happy
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts

Kris
World Chat Champion



Joined: 03 Feb 2002
Karma :

PostPosted: 11:36 - 05 Sep 2014    Post subject: Reply with quote

Right first of all you have received a Section 172 - which you should fill out and return asap or you will be taken to court and fined.

A section 172 is basically their way of identifying who was riding that vehicle at that particular time. Fill it out and return it and see what they come back with.

[edit] Oh and as Map says, get a proof of postage this time okay? Very Happy
____________________
NSR125RR - ZXR750H1 - ZX9R E1 - GSF600S - GSF600SK3 - VFR400-NC30 - SV1000N - ST1100-R - CBR900RR-R - GSF1200SK5 - GSF600SK1 - VFR1200FA - GSXR1000K2 - ZZR1400 D8F
www.prisonplanet.com
 Back to top
View user's profile Send private message You must be logged in to rate posts

Monkeypony
World Chat Champion



Joined: 21 Sep 2011
Karma :

PostPosted: 11:42 - 05 Sep 2014    Post subject: Reply with quote

Quote:
a month after I passed my test


Assuming you were using your own bike and not the schools, does the 14 day period for receiving a nip apply to bus lane infractions as well as speeding fines? (no idea on this one)

If you were using the schools bike, then they've already had the nip, given the plod your details and now your screwed I'm afraid.
____________________
Current bike - 2018 H2-SX, 2004 SV1000s, 2016 Aprilia RSV4 RF, 2017 Sherco SERF 300, 2003 Suzuki DRZ400 (stolen - AY53 JUU)
 Back to top
View user's profile Send private message You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 11:48 - 05 Sep 2014    Post subject: Re: NIP...:/ Reply with quote

Crazy-Duck wrote:
I’m sure you are all aware you go where the instructor tells you to go.

Stop you there.

Nobody is responsible for your riding choices except you.

I absolutely wouldn't bawww "Instructor made me do it" as a defence. At best it's mitigation.

You're not there yet though.

Return the S172 now. Sign it, don't sign it, your choice. Get proof of delivery.

Only then will you be sent a FPN bribe demand, or ideally an offer of an 'awareness' course.

Here's what I'd do:

Take the course if offered.

I'd probably take the FPN.

If you want to give it bigguns, explicitly reject the offer of the FPN.

Await a summons.

You can have your instructor summonsed to court to give testimony in your defence. Reckon they'll remember the incident or own up to it? I very much doubt it, and a hostile witness will harm your case, so I wouldn't unless they volunteer to turn up, or to give a useful witness statement. Talk to them about it now, don't be aggressive and make it clear that they're not on trial for anything.

Turn up to court.

If the CPS and their witness turn up, I'd plead guilty, accept full responsibility for the dreadful, terrible crime, but put forward the issue of instruction as mitigation.

Do all that and you'll likely still get slammed for more than the FPN, plus a "victim surcharge", which is why I wouldn't bother.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
 Back to top
View user's profile Send private message You must be logged in to rate posts

Bubblin77
Nitrous Nuisance



Joined: 29 Apr 2013
Karma :

PostPosted: 11:59 - 05 Sep 2014    Post subject: Reply with quote

I thought riding in a bus lane was £70, with no points,
____________________
Kawasaki Z800 (SOLD)
 Back to top
View user's profile Send private message You must be logged in to rate posts

The Disapproving Brit
World Chat Champion



Joined: 10 Sep 2008
Karma :

PostPosted: 12:39 - 05 Sep 2014    Post subject: Re: NIP...:/ Reply with quote

Rogerborg wrote:

Return the S172 now. Sign it, don't sign it, your choice. Get proof of delivery.


No, sign it. Going unsigned is still an option in Scotland, but in England/Wales you'll be convicted of failure to furnish.
____________________
Current Bikes: 1983 Honda VF400FD / 2003 Honda VT750 Shadow
Bike Test Passed 18/03/09, Car Test Passed 14/05/13


Last edited by The Disapproving Brit on 12:41 - 05 Sep 2014; edited 1 time in total
 Back to top
View user's profile Send private message You must be logged in to rate posts

DrSnoosnoo
World Chat Champion



Joined: 28 Mar 2012
Karma :

PostPosted: 12:41 - 05 Sep 2014    Post subject: Reply with quote

Racist
____________________
I'm Sam; Northern, Ginger, Lover
Did have: '95 ZZR600 '83 CG125 '97 ZZR1100 '15 Hypermotard 821 SP Do Have: '10 ZX10R
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

yen_powell
World Chat Champion



Joined: 22 Jun 2008
Karma :

PostPosted: 12:55 - 05 Sep 2014    Post subject: Reply with quote

Ahhh, the old fixed penalty notice lesson ploy.

If you put up pics of all signage and road markings I might see a technical get out you can use as grounds for appeal.
____________________
Blackmail is a nasty word........but not as nasty as phlegm!
XT1200Z and a DR350 in bits
 Back to top
View user's profile Send private message You must be logged in to rate posts

Crazy-Duck
Nitrous Nuisance



Joined: 05 Mar 2013
Karma :

PostPosted: 13:51 - 05 Sep 2014    Post subject: Reply with quote

I cant get pics up because I'm at work, I have taken a screen shot from google earth. signage is crap, and I have shown to several people and they had to read it a few times to understand it.

Unfortunatly unless i wait till monday I wont be able to get proof of purchase, I'm working today till 5 and tomorrow 9-5.
____________________
Passed Mod 2 19th June 2014. First 'Big Bike' Ducati Monster 600 Smile
 Back to top
View user's profile Send private message You must be logged in to rate posts

Crazy-Duck
Nitrous Nuisance



Joined: 05 Mar 2013
Karma :

PostPosted: 13:55 - 05 Sep 2014    Post subject: Reply with quote

If any of you would like to look it up it is Grove Road through to Brazengate, Norwich.
____________________
Passed Mod 2 19th June 2014. First 'Big Bike' Ducati Monster 600 Smile
 Back to top
View user's profile Send private message You must be logged in to rate posts

skatefreak
World Chat Champion



Joined: 06 Feb 2010
Karma :

PostPosted: 14:40 - 05 Sep 2014    Post subject: Reply with quote

I think his argument is less about the 'being under instruction' and more so that the temp lane is in effect untill 9:30 however the vehicle he was in did not have a clock and therefore makes it a little difficult to judge the time accurately.

Not likely to get you off the hook however again may contribute to mitigating as well.

Still need to weigh up the lesser of two evils...

Fine/Points VS Fine/Points/Victim surcharge?

-Jvr
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Crazy-Duck
Nitrous Nuisance



Joined: 05 Mar 2013
Karma :

PostPosted: 15:02 - 05 Sep 2014    Post subject: Reply with quote

I'd prefer not to have any fine or points. This is my first licence and if i get 6(or more?) points in my first 2 years they will take it away from me and I'll have to re-do my test!
____________________
Passed Mod 2 19th June 2014. First 'Big Bike' Ducati Monster 600 Smile
 Back to top
View user's profile Send private message You must be logged in to rate posts

mattyfattyboo...
Scooby Slapper



Joined: 05 Feb 2014
Karma :

PostPosted: 15:17 - 05 Sep 2014    Post subject: Reply with quote

Bus lane infringements are non-endorsable
 Back to top
View user's profile Send private message You must be logged in to rate posts

mentalboy
World Chat Champion



Joined: 05 May 2012
Karma :

PostPosted: 15:23 - 05 Sep 2014    Post subject: Reply with quote

Crazy-Duck wrote:
I'd prefer not to have any fine or points. This is my first licence and if i get 6(or more?) points in my first 2 years they will take it away from me and I'll have to re-do my test!


I'd have thought your instructor will have remembered the incident - surely he'll be trying to wriggle out of the same offence, thus his presence at the time will already be confirmed by his ticket!!!?

Which, whilst Roger is correct in saying that you're the one in control of the offending vehicle and any lawbreaking is entirely your own lookout, the fact that you were under the guidance of somebody who should clearly know better may have some standing if you go to court.
Even more so if you're a new driver on the road, they probably wouldn't let a new biker with 30 years car driving experience get away with it as they should be familiar with driving on the roads but you may just be able to swing the n00b sympathy vote - but I wouldn't count on it.
____________________
Make mine a Corona.
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

thx1138
World Chat Champion



Joined: 06 Oct 2005
Karma :

PostPosted: 15:23 - 05 Sep 2014    Post subject: Reply with quote

mattyfattyboomboom wrote:
Bus lane infringements are non-endorsable



if I win the lottery, I'll just use them all the damned time then Laughing
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

mentalboy
World Chat Champion



Joined: 05 May 2012
Karma :

PostPosted: 15:28 - 05 Sep 2014    Post subject: Reply with quote

thx1138 wrote:
mattyfattyboomboom wrote:
Bus lane infringements are non-endorsable



if I win the lottery, I'll just use them all the damned time then Laughing


...why? Will you sell your bike and get a bus pass? Wink
____________________
Make mine a Corona.
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

mattyfattyboo...
Scooby Slapper



Joined: 05 Feb 2014
Karma :

PostPosted: 16:03 - 05 Sep 2014    Post subject: Reply with quote

thx1138 wrote:
mattyfattyboomboom wrote:
Bus lane infringements are non-endorsable

if I win the lottery, I'll just use them all the damned time then Laughing


I do now. Sadly it's because I drive a bus Laughing
 Back to top
View user's profile Send private message You must be logged in to rate posts

yen_powell
World Chat Champion



Joined: 22 Jun 2008
Karma :

PostPosted: 18:50 - 05 Sep 2014    Post subject: Reply with quote

Do you mean this one?

https://goo.gl/maps/H3CAI

Get a picture of it set to the bus only face so I can have a look, because the two warning signs leading up to it aren't right, so they may have messed that one up making it non compliant.
____________________
Blackmail is a nasty word........but not as nasty as phlegm!
XT1200Z and a DR350 in bits
 Back to top
View user's profile Send private message You must be logged in to rate posts

shereen
World Chat Champion



Joined: 15 Mar 2011
Karma :

PostPosted: 19:56 - 05 Sep 2014    Post subject: Reply with quote

yen_powell wrote:
Do you mean this one?

https://goo.gl/maps/H3CAI

Get a picture of it set to the bus only face so I can have a look, because the two warning signs leading up to it aren't right, so they may have messed that one up making it non compliant.


Watching this thread with interest. I agree that those signs are not right, they do not imply that it's a bus lane only during those times. Although saying that I have never seen that type of sign before so maybe I'm totally wrong.
____________________
"The Internet is the first thing that humanity has built that humanity doesn't understand, the largest experiment in anarchy that we have ever had"
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Crazy-Duck
Nitrous Nuisance



Joined: 05 Mar 2013
Karma :

PostPosted: 21:14 - 05 Sep 2014    Post subject: Reply with quote

I have a pic of the sign nice an clear on my phone. Just my phone won't let me upload it on here. :/
____________________
Passed Mod 2 19th June 2014. First 'Big Bike' Ducati Monster 600 Smile
 Back to top
View user's profile Send private message You must be logged in to rate posts

Crazy-Duck
Nitrous Nuisance



Joined: 05 Mar 2013
Karma :

PostPosted: 21:16 - 05 Sep 2014    Post subject: Reply with quote

Ok. Gonna try this....
____________________
Passed Mod 2 19th June 2014. First 'Big Bike' Ducati Monster 600 Smile
 Back to top
View user's profile Send private message You must be logged in to rate posts

yen_powell
World Chat Champion



Joined: 22 Jun 2008
Karma :

PostPosted: 21:17 - 05 Sep 2014    Post subject: Reply with quote

It's not actually a bus lane, it's a bus gate sign on the advance warning signage.
____________________
Blackmail is a nasty word........but not as nasty as phlegm!
XT1200Z and a DR350 in bits
 Back to top
View user's profile Send private message You must be logged in to rate posts
Old Thread Alert!

The last post was made 11 years, 134 days ago. Instead of replying here, would creating a new thread be more useful?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> General Bike Chat All times are GMT
Goto page 1, 2, 3  Next
Page 1 of 3

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.11 Sec - Server Load: 0.75 - MySQL Queries: 13 - Page Size: 131.54 Kb