PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

[NIP Wizard] 49 in a 40 NIP received. Advice on variable limit enforcement
Sharky69
post Sat, 21 Sep 2019 - 11:32
Post #1


Member


Group: Members
Posts: 70
Joined: 25 Apr 2009
Member No.: 28,152



Additional info-
I have already received the photos which are below. There was an overlap of when the NIP was sent and when my address was updated on the V5 so the original NIP went to my old address. I remember where the alleged offence took place and believe it was 50mph until the 40mph gantry ahead which is shown in my photo.

Time int = 0.35 seconds.

The gantry ahead has 40mph set for 15mins and 13 seconds. I am looking for advice on how to query the previous variable speed limits before the gantry ahead of where I received the NIP for. Are the speed limits enforced from the gantry or camera location? I think I am still travelling at the 50mph set from the previous gantry and then reduced to 40mph nearer the gantry in the photo. You can see other cars following gain on me which I think backs up my theory.

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2019
Date of the NIP: - 38 days after the offence
Date you received the NIP: - 44 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M1, South Bound Tibshelf
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 3
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 - 50mph variable speed limit set. Lane closure reported ahead. I only remember the 40mph variable limit set start at the gantry ahead of when my photo was taken.

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? - No
Was there a valid reason for the NIP's late arrival? - 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: Sat, 21 Sep 2019 11:32:29 +0000

This post has been edited by Sharky69: Sat, 21 Sep 2019 - 12:01
Attached thumbnail(s)
Attached Image
Attached Image
Attached Image
 
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Sat, 21 Sep 2019 - 11:32
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Sat, 21 Sep 2019 - 12:05
Post #2


Member


Group: Members
Posts: 41,503
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



HADECS3 - picture taken past the gantry limit signs (40 in this case). No realistic chance I'm afraid.

This post has been edited by Jlc: Sat, 21 Sep 2019 - 12:06


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
Sharky69
post Sat, 21 Sep 2019 - 12:17
Post #3


Member


Group: Members
Posts: 70
Joined: 25 Apr 2009
Member No.: 28,152



QUOTE (Jlc @ Sat, 21 Sep 2019 - 13:05) *
HADECS3 - picture taken past the gantry limit signs (40 in this case). No realistic chance I'm afraid.


Yes, you’re right, I didn’t really notice that. I’m guessing there is no way for verification e.g markings in the road like with a gatso?

This post has been edited by Sharky69: Sat, 21 Sep 2019 - 12:17
Go to the top of the page
 
+Quote Post
Jlc
post Sat, 21 Sep 2019 - 12:21
Post #4


Member


Group: Members
Posts: 41,503
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (Sharky69 @ Sat, 21 Sep 2019 - 13:17) *
QUOTE (Jlc @ Sat, 21 Sep 2019 - 13:05) *
HADECS3 - picture taken past the gantry limit signs (40 in this case). No realistic chance I'm afraid.

Yes, you’re right, I didn’t really notice that. I’m guessing there is no way for verification e.g markings in the road like with a gatso?

It's an auxiliary camera that snaps the gantry when you're past the signs.

Nope, you can't verify your speed with their photos.

That excess qualifies for an awareness course, otherwise 3 points £100.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
The Rookie
post Sat, 21 Sep 2019 - 12:25
Post #5


Member


Group: Members
Posts: 56,197
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



The car has to fall between the two yellow projected lines to confirm its speed is that as measured, if yours is that dark exec saloon then the speed measurement is confirmed.


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

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
Sharky69
post Sat, 21 Sep 2019 - 12:30
Post #6


Member


Group: Members
Posts: 70
Joined: 25 Apr 2009
Member No.: 28,152



QUOTE (Jlc @ Sat, 21 Sep 2019 - 13:21) *
QUOTE (Sharky69 @ Sat, 21 Sep 2019 - 13:17) *
QUOTE (Jlc @ Sat, 21 Sep 2019 - 13:05) *
HADECS3 - picture taken past the gantry limit signs (40 in this case). No realistic chance I'm afraid.

Yes, you’re right, I didn’t really notice that. I’m guessing there is no way for verification e.g markings in the road like with a gatso?

It's an auxiliary camera that snaps the gantry when you're past the signs.

Nope, you can't verify your speed with their photos.

That excess qualifies for an awareness course, otherwise 3 points £100.


My current 3 points are just under 3 years old so I’ll be getting another 3 unfortunately. Thank you for your help.

QUOTE (The Rookie @ Sat, 21 Sep 2019 - 13:25) *
The car has to fall between the two yellow projected lines to confirm its speed is that as measured, if yours is that dark exec saloon then the speed measurement is confirmed.


Thanks for the info. That brings me back to my initial thought then, can/should I request the info for the variable speed previous to the gantry ahead as I believe it was 50mph?

This post has been edited by Sharky69: Sat, 21 Sep 2019 - 12:31
Go to the top of the page
 
+Quote Post
NewJudge
post Sat, 21 Sep 2019 - 12:42
Post #7


Member


Group: Members
Posts: 4,746
Joined: 29 Oct 2008
Member No.: 23,623



QUOTE (Sharky69 @ Sat, 21 Sep 2019 - 13:30) *
Thanks for the info. That brings me back to my initial thought then, can/should I request the info for the variable speed previous to the gantry ahead as I believe it was 50mph?

Why would you want to know that? It is your speed after the gantry with the "40" limit displayed that is the essence of the offence. You're already well into the period allowed for a course or a fixed penalty to be offered. If you fanny about for too long (or you give them the impression that you may be disputing the matter) those offers will not be made.

This post has been edited by NewJudge: Sat, 21 Sep 2019 - 12:42
Go to the top of the page
 
+Quote Post
The Rookie
post Sat, 21 Sep 2019 - 12:45
Post #8


Member


Group: Members
Posts: 56,197
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



The photo is just after you’ve driven under the gantry showing a 40, so the limit was 40. That’s all that matters not what some other gantry may say!

In case you’re confused the photo showing the gantry is from a camera set well before the one that takes the evidential photo, the photos are taken at the same time.

This post has been edited by The Rookie: Sat, 21 Sep 2019 - 12:46


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

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
southpaw82
post Sat, 21 Sep 2019 - 12:46
Post #9


Member


Group: Members
Posts: 33,610
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Sharky69 @ Sat, 21 Sep 2019 - 13:30) *
My current 3 points are just under 3 years old so I’ll be getting another 3 unfortunately. Thank you for your help.

Your points aren’t relevant for a course.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 13:46
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here