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[NIP Wizard] mip19lot, Caught by Average Speed Camera
mip19lot
post Fri, 25 Nov 2022 - 21:17
Post #1


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Group: Members
Posts: 49
Joined: 14 Mar 2011
From: Portchester
Member No.: 45,094



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - 11/11/2022
Date of the NIP: - 14/11/2022
Date you received the NIP: - 17/11/2022
Location of offence (exact location as it appears on the NIP: important): - At A338 Cooper Dean to Blackwater
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First class
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - None
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - At 02:29 on the morning of the 11/11/2022 I was clocked doing 65mph on a 50mph dual carriageway. I remember that the road was pitch black and the weather wasn’t good. It might have been raining.
I happened to travel on the same road a few evenings later and I paid special attention when approaching the site of the cameras. I observed that the Terminal sign wasn’t lit, nor did it have reflective material on the sign. It was pitch black again, so I assumed the sign wasn’t lit because it wasn’t within 183 metres of a street light.
I have once again travelled on this section of road, but during daylight hours this time and I observed that in close proximity to the cameras, there were multiple street lights that were clearly switched off during the hours of darkness.
I also observed that the 40mph Terminal sign on this dual carriageway were not lit, and that there were several signs on this carriageway that were not compliant.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Fri, 25 Nov 2022 21:17:59 +0000

This post has been edited by mip19lot: Wed, 30 Nov 2022 - 22:07
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The Rookie
post Sat, 3 Dec 2022 - 19:52
Post #21


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Group: Members
Posts: 56,195
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (mip19lot @ Sat, 3 Dec 2022 - 18:00) *
I do not follow your logic whatsoever. Illuminated by electricity is the means by which it is illuminated. Just switching them off doesn’t change that!!.

Your opinion, frankly I’d pay for the popcorn for everyone who wanted to watch you try that in court.

Illuminated has one meaning and it’s not ‘would be illuminated if it was switched on’.

On that basis I’m glad you’ve decided not to cost yourself 10 times as much.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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post Sat, 3 Dec 2022 - 19:52
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BertB
post Mon, 5 Dec 2022 - 14:15
Post #22


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Group: Members
Posts: 497
Joined: 14 Nov 2011
Member No.: 51,087



Can you show us these streetlights on google streetview? If there aren't any, I don't know how they can ever be turned on?

QUOTE (BertB @ Fri, 2 Dec 2022 - 11:24) *
QUOTE
Location of offence (exact location as it appears on the NIP: important): - At A338 Cooper Dean to Blackwater


Maybe I'm looking at the wrong section, but I can't see any streetlights on the A338 between Cooper Dean & Blackwater.

I can see average speed cameras though, and a few 50mph signs.

https://goo.gl/maps/4wdJvA9hMMg758sV7

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