[NIP Wizard] Helicopter catches me speeding? N. Wales, knew absolutely nothing, until I recieve NIP through post! Legal? |
[NIP Wizard] Helicopter catches me speeding? N. Wales, knew absolutely nothing, until I recieve NIP through post! Legal? |
Mon, 17 Jun 2019 - 18:52
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#1
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New Member Group: Members Posts: 1 Joined: 17 Jun 2019 Member No.: 104,334 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - May 2019 Date of the NIP: - 4 days after the offence Date you received the NIP: - 6 days after the offence Location of offence (exact location as it appears on the NIP: important): - A5 approx. 0.5km east of jctn. with B4407, Pentrefoelas, OS grid ref. 85810 51287, Conwy Was the NIP addressed to you? - Yes Was the NIP sent by first class post, second class or recorded delivery? - First 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 - Coming back from a large Porsche evnt in Llandudno (over 1,000 Porsches on the day). Came home with my mate following me, as always, aware of everything! (Road conditions excellent, visibilty 100% and roads were bone dry). Road users, junctions, road signs, markings etc. No sign of any fixed cameras or camera signs, speed trap areas, absolutely nothing.... By total surprise myself and my mate get NIP's through the post at this location. At this time, had no idea what road or what speed this was, as I actually had no clue, where we had even been spotted/caught speeding. I was doing 70mph, my friend 98mph! Anyway, I posted this on a FB page and then in came the info.... someone confirmed where this was, it's a 60 mph, national speed limit, road, apparently. It was also mentioned that a helicopter was operating in this area at this time 16:34, and then later someone else confirmed this and that it was in fact a Police Helicopter! I then began to remember hearing, looking for it and then seeing a helicopter! I believe this is what caught both me and my mate this Sunday afternoon! IS this actually legal? All I have is an NIP with my registration and make of vehicle, speed - 70 mph, location (Approximate and stated in km's!) and time and date, which seems correct with where we were that afternoon. 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? - Wales NIP Wizard Recommendation Based on these responses the Wizard suggested that this course of action should be considered:
Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 17 Jun 2019 18:52:44 +0000 This post has been edited by 996 GT3: Mon, 17 Jun 2019 - 18:55 |
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Mon, 17 Jun 2019 - 18:52
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Mon, 17 Jun 2019 - 18:56
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#2
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Is what actually legal?
-------------------- 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. |
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Mon, 17 Jun 2019 - 19:21
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#3
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
At this time, had no idea what road or what speed this was, as I actually had no clue, where we had even been spotted/caught speeding. It's a single carriageway without any signs to the contrary so it was a NSL. I was doing 70mph, my friend 98mph! You're in course/fixed penalty territory. You friend is looking at a court visit and likely ban. I then began to remember hearing, looking for it and then seeing a helicopter! I think it's more likely you've been caught by the average speed system (here). Ask for a photo to assist in the identification of the driver first (But this doesn't stop the 28 day clock to name the driver). That exact location is in their cameras stats here. No sign of any fixed cameras or camera signs, speed trap areas, absolutely nothing.... None are required. This post has been edited by Jlc: Tue, 18 Jun 2019 - 08:41 -------------------- 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. |
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Tue, 18 Jun 2019 - 10:50
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#4
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
No sign of any fixed cameras or camera signs, speed trap areas, absolutely nothing.... None are required because you're expected to comply with the speed limit 100% of the time, regardless of whether there's any overt enforcement. Nothing you mention amounts to a defence. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 18 Jun 2019 - 12:14
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#5
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Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
No sign of any fixed cameras or camera signs, speed trap areas, absolutely nothing.... Many people mistakenly believe that there is a legal requirement for speed camera signs for speed cameras to be used. This is presumably due to the fact that many years ago New Labour dishonestly stated that this was the case. What they actually did was made a rule that in order to keep the money from the fines the SCPs had to meet the conscipicuity requirements for 85% of cameras. If they failed to do so, they could then report themselves to themselves and decide whether or not they still wanted to keep the money. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Thu, 20 Jun 2019 - 20:45
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
It's not just labour, a tory minister announced at some point last year that all the grey cameras would be painted bright yellow by October 2018, the HADECS 2 cameras on the M20 are still grey.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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