NIP (alleged speeding (variable camera)) |
NIP (alleged speeding (variable camera)) |
Sun, 3 Dec 2017 - 16:16
Post
#1
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Member Group: Members Posts: 30 Joined: 13 May 2014 Member No.: 70,605 |
Hello,
NIP received within the 14 days of alleged offence. "Exceed a variable speed limit - automatic camera device at **:** on **/**/2017 at M62, BETWEEN JUNCTIONS 25 & 26 WESTBOUND" "The speed of the vehicle on this occasion was recorded at 63 mph" "For variable speed limit offences only, the speed limit at the time was 50 mph." OK, the time of the alleged offence was in the early afternoon in a week day. From what the evidential photographs depict (not many vehicles actually in the images), traffic was free flowing. It is unknown if there was a nearby accident/breakdown. The weather appears to be clear in the images and the condition of the road's surface looks to be dry. It is also unknown if there were any pedestrians/road workers or debris in the road. I have had a look at the photographic evidence (the images are very small and of pretty poor quality - with the web page at 100% view, the images are about 4x3cm). The Public Access System portal states: "Please note that the quality of photographs viewed on this site may differ from the originals seen within the Central Ticket Office, as we have the ability to enhance the images.". I may write a letter requesting all evidence and photographs of the vehicle. Paragraph 4 of S172 of the RTA 1988 intrigues me: "A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was." Whilst I may have been driving and without admitting any guilt, I wonder if I can successfully use this paragraph as part of my defence. The speed limits of the M62 and most other motorways are usually 70 mph. I realise that some motorways are considered to be 'smart' and that someone in a control room enforces, amongst other things, variable speed restrictions at the touch of a button. What I wonder is perhaps there was a small incident (I've tried to look this up) which required the speed to be lowered to 50 some maybe five or ten minutes earlier, but the person in the control room failed to raise the speed limit back to 70 or even 60, when it was perhaps considered safe to do so. I still almost have the full 28 days to respond. Can I respond with a written letter stating that I do not know who was driving the vehicle at the alleged time of the offence, and that I wish to see all evidence and photographs of the vehicle so that I can help identify the driver? Is it English case law that I have to complete the reverse side of the NIP and return it? I may scan and redact personal data from the NIP, if it helps at all to see it. Perhaps the wording of the NIP is inaccurate or there is something missing. All advice is appreciated. |
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