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Speeding on Tower bridge., Possibly wrongly worded NIP.
krtmotorcare
post Mon, 30 Nov 2020 - 11:20
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Hello All.

Got a NIP thought the post for speeding over Tower bridge. I am the driver of the vehicle (had my Tacho card in ) but the wording on the NIP is confusing and just wanted to see whether it was worth fighting.

It's a standard NIP with all the usual details of time of offence and date but then the next paragraph confuses me.

It states

" contrary to section Contrary to the above local traffic order and sections 84 and 89(1) of the Road Traffic Regulation Act 1984 and Schedule 2 to the Road Traffic Offenders Act 1988 "

The two contrary's at the start of the sentance are confusing me.

Is this just a misstatement or is it an error worth fighting?

Do I just fill in the form and take it up the arse so to speak.

I have a clean licence at the moment so would not cause too much of a problem.

I would be grateful for any help on this one.

Regards.

KRT.


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post Mon, 30 Nov 2020 - 11:20
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NewJudge
post Mon, 30 Nov 2020 - 11:42
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I would say it is not worth fighting. The NIP has to inform you of the "nature of the alleged offence and the time and place where it is alleged to have been committed." Only if you believe it did not do that is it worth challenging.
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Jlc
post Mon, 30 Nov 2020 - 11:57
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QUOTE (krtmotorcare @ Mon, 30 Nov 2020 - 11:20) *
Do I just fill in the form and take it up the a*** so to speak.

I think the guidelines only allow for a course, ban, points & fines. I'm not aware of any other forms of 'punishment'... laugh.gif

If the speed is up to 31mph then they'll probably offer a course, up to 34mph it will be a fixed penalty (3 points £100) - higher excesses go to court.

QUOTE (krtmotorcare @ Mon, 30 Nov 2020 - 11:20) *
" contrary to section Contrary to the above local traffic order and sections 84 and 89(1) of the Road Traffic Regulation Act 1984 and Schedule 2 to the Road Traffic Offenders Act 1988 "

The two contrary's at the start of the sentance are confusing me.

Is this just a misstatement or is it an error worth fighting?

It's a typo (on a proforma template no doubt) - but as already noted I think you'd struggle to show that the nature of the alleged offence is unclear.

This post has been edited by Jlc: Mon, 30 Nov 2020 - 11:58


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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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Logician
post Mon, 30 Nov 2020 - 12:23
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Bend over, a course may not be too painful.


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Gerfc1
post Mon, 30 Nov 2020 - 13:12
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Sections 84 and 89(1) of the Road Traffic Regulation Act 1984 relate to the Speed Limit.

Section 2 of the Road Traffic Offenders Act 1988 relates to use of NIP
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Jlc
post Mon, 30 Nov 2020 - 13:28
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QUOTE (Gerfc1 @ Mon, 30 Nov 2020 - 13:12) *
Section 2 of the Road Traffic Offenders Act 1988 relates to use of NIP

Schedule, not section...


--------------------
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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The Rookie
post Mon, 30 Nov 2020 - 13:49
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QUOTE (Jlc @ Mon, 30 Nov 2020 - 13:28) *
QUOTE (Gerfc1 @ Mon, 30 Nov 2020 - 13:12) *
Section 2 of the Road Traffic Offenders Act 1988 relates to use of NIP

Schedule, not section...

it’s section 2 as well..... but yes the NIP says schedule

This post has been edited by The Rookie: Mon, 30 Nov 2020 - 13:52


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krtmotorcare
post Mon, 30 Nov 2020 - 14:17
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Okeydokey then.

Guess I'll just fill it in and take the penalty.

As you have all said, It is clear regarding the offence.

I would imagine they have some poor sod doing the forms and they just don't get checked that well.

Once again. I thank you.

KRT.


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andy_foster
post Mon, 30 Nov 2020 - 21:40
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What's it with you and 20mph limits? ;p


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krtmotorcare
post Tue, 1 Dec 2020 - 10:04
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QUOTE (andy_foster @ Mon, 30 Nov 2020 - 21:40) *
What's it with you and 20mph limits? ;p


Hello Andy.

You remembered. laugh.gif laugh.gif laugh.gif

Yup. I still have a thing for 20mph limits.

I just can't seem to keep to them. Perhaps I should get a scooter.


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