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DIR Return to: Speeding and other criminal offences
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#Post#: 119944--------------------------------------------------
6 Points Already on License, Now received 2 different speeding
notices (NIP) in one week, yet to respond to them.
DIR By: Prolifier886
Date: May 28, 2026, 1:31 pm
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Hello all, I have been driving for about 6 years now and
currently have the following points:
June 2025: Speeding (SP30): 3 points
December 2025: Speeding (SP30): 3 points
I have received 2 NIPs in the space of a week asking me to
identify the driver. Both myself and partner are insured to
drive the car. Partner has no points on license.
NIP 1: Driving 40mph on a 30mph road
NIP 2: Driving 38mph on a 30mph road.
I have reviewed the photographic evidence in both NIPs, they
were gotten from the fixed camera on the roads. While I can
clearly see the car and number plate, it is impossible to see
who was driving, as it was late at night and dead dark. While I
cannot remember exactly who was driving it is likely to be me as
my partner typically does not speed, but we are not certain.
Is it possible the police has other images or video that could
help us identify who was driving? Is it better to say it was me
as this is most likely?
Please what do you think is the best way to proceed here. I have
not yet responded to either NIP. Thank you so much.
#Post#: 119947--------------------------------------------------
Re: 6 Points Already on License, Now received 2 different
speeding notices (NIP) in one week, yet to respond to them.
DIR By: andy_foster
Date: May 28, 2026, 1:54 pm
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If I didn't know any better, I would say that you were asking us
to conspire with you to pervert the course of justice.
Do NOT do that. We don't like people who pervert the course of
justice, and we dislike people who ask us to conspire with them
even more.
Google "Andyroo" and "PePiPoo".
Was this in England/Wales or Scotland? Have you done a Speed
Awareness Course for an offence committed less than 3 years
before the latest offences? In England/Wales, you should expect
to be offered a Speed Awareness Course for up to 42 in a 30
limit if eligible.
#Post#: 119948--------------------------------------------------
Re: 6 Points Already on License, Now received 2 different
speeding notices (NIP) in one week, yet to respond to them.
DIR By: Prolifier886
Date: May 28, 2026, 1:57 pm
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Thanks alot for your response.
No, I am not trying to pervert the course of justice at all and
understand that is a very serious and worse offence.
I am based in England and have previously attended a speed
awareness course in 2024.
#Post#: 119949--------------------------------------------------
Re: 6 Points Already on License, Now received 2 different
speeding notices (NIP) in one week, yet to respond to them.
DIR By: JustLoveCars
Date: May 28, 2026, 2:12 pm
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The pictures are primarily to identify the vehicle and the
offence. However, yes, they may have better (evidential) photos
than any they've supplied thus far.
Noting one insured driver has no points and the other could tot
along with a question about photo quality does whiff of
haddock...
The s172 requirement requires reasonable diligence to identify
the driver (irrespective of the current number of points and the
potential outcomes). Of course, there's always the statutory
defence if you do not know who was driving and could not
identify them after the aforementioned diligence - but failing
to convince the bench is 6 points apiece along with associated
costs.
#Post#: 119951--------------------------------------------------
Re: 6 Points Already on License, Now received 2 different
speeding notices (NIP) in one week, yet to respond to them.
DIR By: NewJudge
Date: May 28, 2026, 2:19 pm
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What would you do in this situation if you were on zero points?
#Post#: 119952--------------------------------------------------
Re: 6 Points Already on License, Now received 2 different
speeding notices (NIP) in one week, yet to respond to them.
DIR By: Prolifier886
Date: May 28, 2026, 2:27 pm
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Thank you very much for your response.
It is not worth it at all trying to lie about who was driving
and could lead to very catastrophic and life altering
consequences. My partner and I would sit down and recollect to
recall who was driving at that time.
If it was me driving, which I think is more likely though I am
not certain, I would definitely accept all liability.
What do you think is the likely outcome? Do you think it is
worth it getting a solicitor as all this is completely new to
me.
#Post#: 119973--------------------------------------------------
Re: 6 Points Already on License, Now received 2 different
speeding notices (NIP) in one week, yet to respond to them.
DIR By: NewJudge
Date: May 29, 2026, 2:51 am
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The almost certain outcome is that you will eventually be asked
to attend court where you will face a “totting up” ban of six
months.
You can avoid this disqualification if you can convince the
court that you or others will face “exceptional hardship” if you
are banned. Here’s the Magistrates’ guidance which they refer to
when considering such a claim:
"When considering whether there are grounds to reduce or avoid a
totting up disqualification the court should have regard to the
following:
It is for the offender to prove to the civil standard of proof
that such grounds exist. Other than very exceptionally, this
will require evidence from the offender, and where such evidence
is given, it must be sworn.
Where it is asserted that hardship would be caused, the court
must be satisfied that it is not merely inconvenience, or
hardship, but exceptional hardship for which the court must have
evidence.
Almost every disqualification entails hardship for the person
disqualified and their immediate family. This is part of the
deterrent objective of the provisions combined with the
preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the
risk to their licence of further penalty points, the court can
take this circumstance into account.
Courts should be cautious before accepting assertions of
exceptional hardship without evidence that alternatives
(including alternative means of transport) for avoiding
exceptional hardship are not viable.
Loss of employment will be an inevitable consequence of a
driving ban for many people. Evidence that loss of employment
would follow from disqualification is not in itself sufficient
to demonstrate exceptional hardship; whether or not it does will
depend on the circumstances of the offender and the consequences
of that loss of employment on the offender and/or others."
You don’t need a solicitor to do this. You can either present
your argument orally in court or, if you are not confidence to
do that, you can ask he Magistrates to read a written statement
explaining your situation. If you do that, take five copies, one
for the prosecutor, one each for the three Magistrates and one
for their legal advisor. Whichever way you present your
argument, you will still have to attend court as the prosecutor
or the Magistrates may have questions for you.
So, considering the guidance I have provided, will you or others
face any “exceptional hardship”?
#Post#: 120008--------------------------------------------------
Re: 6 Points Already on License, Now received 2 different
speeding notices (NIP) in one week, yet to respond to them.
DIR By: Prolifier886
Date: May 29, 2026, 8:31 am
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Thanks for your response. From what you’ve explained I don’t
think we can argue exceptional hardship.
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