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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69270
Experience:  Over 5 years in practice.
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I have just received 2 NIP's I already have 6 points - 3

Resolved Question:

Hi I have just received 2 NIP's I already have 6 points - 3 points in 2011 and 3 very recently. I also only just went on a speed awareness course to avoid getting another 3. It's fair to say I would be banned if I hadn't gone on this course. So if I identify the driver on these 2 NIPS that's 6 points. I already have 6 (are the 3 from 2011 still active) I am considering ignoring the 2 NIPS and hoping I get forgotten about. I'm so scared I'm going to get banned. How long do 12 points on licences bans last for?
Thanks so much.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you proposing to ignore a S172 request?
Customer: replied 1 year ago.
Yes I guess so!
I'm so scared!! I can't get banned....
Obviously I don't want you to advise me to be a bad person but do these things become very serious very quickly if I do ignore and hope for the best? Or will I go to prison?
Expert:  Jo C. replied 1 year ago.
If you ignore the S172 forms then they may charge you with failing to identify which carries 6 points.
You may be lucky. Sometimes they do not prosecute everything but it is obviously a risk.
If you receive 6 points on each offence then you will be banned for totting for six months unless you can convince the court that you will suffer exceptional hardship if you are banned.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Customer: replied 1 year ago.
Ok in your experience what are my chances of getting away with it?
What kind of trouble will I be in if I do ignore it?
I'm moving house very soon - Will this change of address help be avade capture?
Should I just leave the country (lol! Nervous laugh)
Expert:  Jo C. replied 1 year ago.
1 Not particularly good to be wholly honest. It might happen. There is probably about a 10% chance. You can't rely on it.
2 As I said above really.
3 No. It wont help at all.
4 No. They will just proceed in your absence and then you will get a costs order too.
Customer: replied 1 year ago.
Would you advise me, in that case to surrender my details as the named driver and face the consequences?
Will the points for 2011 still be active? If yes these 2
NIPS will bring to 12 points.
Do 12 points usually always become a ban?
Thanks you've been really helpful so far.
Expert:  Jo C. replied 1 year ago.
You should certainly respond to the S172 request. You achieve nothing in not doing so.
The points from 2011 would only be active if they were within three years of the offence dates of these matters.
12 points lead to a ban save for exceptional hardship cases.
Customer: replied 1 year ago.
These last 2 NIPS you mean? Not from the last 3 I received?
I have been issued with 9 points in the last 6 months basically. This is going to look terrible isn't it? How long does the ban last for totting up?
Could I just reply to one of these and say I did not receive the other one? And hope for the best on that one? Will they just send a reminder? Or will
I get a massive fine and 6 points instantly?
I'm really a good person - I just drive a bit fast sometimes and have been doing loads of driving of late.... Argggggh!
Expert:  Jo C. replied 1 year ago.
No, not particuarly. It doesn't aggravate the sentence.
but if you get 12 points then that wil lead to a bad for six months.
You cannot say you didn't receive the others because that is a lie and that is perverting the course of justice and then you would be going to prison for up to a year.
Anyway they will just send out reminders.
Customer: replied 1 year ago.
Ok. Thanks Jo.
You've been really helpful.
Pray for me. I will slow down from on. And no I won't lie prison is not for me.
Many thanks
Expert:  Jo C. replied 1 year ago.
No problem.
It seems to me that you would only have 9 points with these two anyway.
Customer: replied 1 year ago.

Yes this is true. 9 is extremely worrying.

I have decided to wait to receive reminders and then send the forms back. Good idea or can't you advise? In the meantime I'll pray for a miracle.

Expert:  Jo C. replied 1 year ago.
There is no real risk in waiting for reminders. The only issue is that they might not send them but that is rare.
9 points will not lead to a ban.
Customer: replied 1 year ago.

Ok thanks again and have a great evening.

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69270
Experience: Over 5 years in practice.
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