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[NIP Wizard] 58mph on a 50mph zone not sure i was the driver
slick01
post Mon, 6 Aug 2018 - 22:48
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2018
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A406 100m east of A1000 N12 to A406 nr Connaught Dr N3(1171181)
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? - 0
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 - I was alleged to have exceeded a 50mph limit by 58mph at 01: 08 and I quote as in the NIP "we believe you are the driver". No photograph was sent and I am 90% sure i was not on that road by 1am coz I had work 8am in the morning. i have traced my journeys that day and tried to recall with my girlfriend which we had a date same day and we both concluded i was not driving at that time as i have dropped her off at Edmonton that night before 12am (A406 is one the routes to get to hers). I have earlier recieved a NIP on the 25th by the City of london police with a photo of the rear of my car saying I did 36mph on a 30mph zone at Lower thames street by St Mary At hill. I responded on the next day 26th and i got a letter on the 31st offering me the speed awareness course which means if i accept the 58mph NIP I get the fine and 3points which i am not sure i was the driver. i am a new driver with my licence just 4months old. I am thinking of requesting for the photographic evidence before filling the NIP so as to be sure my plate number was not cloned as i got the car 3 months ago from a dealer on AutoTrader. Please help me guys on what step to take

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? - Unsure
Do you know who was driving? - Unsure who was driving

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, 06 Aug 2018 22:48:56 +0000
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post Mon, 6 Aug 2018 - 22:48
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The Rookie
post Tue, 7 Aug 2018 - 00:59
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Don’t ask for evidence (which you aren’t entitled to) write and ask for photos to help you identify the driver.

As you seem to have been in the area it’s odds on it was your car I’d suggest but a plate misread isn’t out of the question.

I presume exceeding the 50mph by 58mph (that is doing 108mph) is a typo.

If you’ve only had your licence 4 months your going to have to slow the ‘heck’ down, at this rate you’ve only got another 4 months at most.


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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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Logician
post Tue, 7 Aug 2018 - 01:00
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Cloned plates are rare, but plates are misread. I suggest you write back asking for any available photographs to assist in identifying the driver, making no mention of proof or evidence which you are not entitled to at this stage. If it does turn out to be your car in the photo, presumably you accept that you were the driver?
This does not stop the time running on the 28 days you have to respond. Failing to identify the driver is a much more serious offence than speeding, so do not risk that.


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Jlc
post Tue, 7 Aug 2018 - 06:30
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If the driver is not identified (presuming it was your car) then you’ll face a potential 6 points and a visit to court. That would mean revocation - be careful how you proceed. (Who else could have been driving?)


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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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Earl Purple
post Tue, 7 Aug 2018 - 08:49
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It's an average speed camera.

So they took 2 photos of your car at the points mentioned and calculated the time between them and the average spsed was 58mph, which is one more than the threshold. As you won't get any points on the licence for the one that you do the course you won't lose your licence just yet but it's advisable you try to stick to speed limits because your licence is certainly at risk.

Do not rely on getting away with speed limit + 10% + 2 and try to drive at the limit. (Cruise control can be very useful for this purpose. You accelerate to the limit, put it into cruise control then can watch the road instead of the speedometer).

If your number plate was cloned you will have to inform the police. If you dropped someone in Edmonton and you live in say Wembley then that section of the A406 is probably one you regularly use.

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Jlc
post Tue, 7 Aug 2018 - 09:02
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QUOTE (slick01 @ Mon, 6 Aug 2018 - 23:48) *
...I quote as in the NIP "we believe you are the driver".

Does it really say that?


--------------------
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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slick01
post Tue, 7 Aug 2018 - 21:52
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QUOTE (Jlc @ Tue, 7 Aug 2018 - 10:02) *
QUOTE (slick01 @ Mon, 6 Aug 2018 - 23:48) *
...I quote as in the NIP "we believe you are the driver".

Does it really say that?

yes.. Don't understand why.
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Churchmouse
post Tue, 7 Aug 2018 - 22:39
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QUOTE (Jlc @ Tue, 7 Aug 2018 - 10:02) *
QUOTE (slick01 @ Mon, 6 Aug 2018 - 23:48) *
...I quote as in the NIP "we believe you are the driver".

Does it really say that?

Or this?
QUOTE
I responded on the next day 26th and i got a letter on the 31st offering me the speed awareness course which means if i accept the 58mph NIP I get the fine and 3points which i am not sure i was the driver.


If a course has been offered, then the driver must already have been identified (which the above seems to imply), so it's a bit late to be unsure who was actually the driver. Take up the offer.

--Churchmouse
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slick01
post Wed, 8 Aug 2018 - 01:34
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QUOTE (Churchmouse @ Tue, 7 Aug 2018 - 23:39) *
QUOTE (Jlc @ Tue, 7 Aug 2018 - 10:02) *
QUOTE (slick01 @ Mon, 6 Aug 2018 - 23:48) *
...I quote as in the NIP "we believe you are the driver".

Does it really say that?

Or this?
QUOTE
I responded on the next day 26th and i got a letter on the 31st offering me the speed awareness course which means if i accept the 58mph NIP I get the fine and 3points which i am not sure i was the driver.


If a course has been offered, then the driver must already have been identified (which the above seems to imply), so it's a bit late to be unsure who was actually the driver. Take up the offer.

--Churchmouse


I guess I have no choice but to accept I was the driver .. will it make any difference if I write a letter with the NIP pleading for leniency to pay the fine but not be given the points as I have learnt my lesson in addition to attending the speed awareness course. Thanks everyone for your time.
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The Rookie
post Wed, 8 Aug 2018 - 02:16
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QUOTE (Churchmouse @ Tue, 7 Aug 2018 - 23:39) *
QUOTE (Jlc @ Tue, 7 Aug 2018 - 10:02) *
QUOTE (slick01 @ Mon, 6 Aug 2018 - 23:48) *
...I quote as in the NIP "we believe you are the driver".

Does it really say that?

Or this?
QUOTE
I responded on the next day 26th and i got a letter on the 31st offering me the speed awareness course which means if i accept the 58mph NIP I get the fine and 3points which i am not sure i was the driver.


If a course has been offered, then the driver must already have been identified (which the above seems to imply), so it's a bit late to be unsure who was actually the driver. Take up the offer.

--Churchmouse

Read again, two different cases......


--------------------
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
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slick01
post Wed, 8 Aug 2018 - 02:45
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Dear Sir/Madam Officer in Charge,
I am writing this letter to express my sincere remorse for my actions and appeal to you sir/madam for leniency concerning my speeding offence. I had no idea I was going over the limit on this particular day as I was sure I was within the limit but I acknowledge there is no excuse for my action, I have learnt my lesson and I accept full responsibility.
I have only had my licence for less than 4months and I have been carefully driving without problems with the law. I was recorded going at 36mph on a 30mph zone at Lower Thames street by St Mary (Ref-0483050030614220, LM33/180037) dated 24/07/2018 and received on the evening 25/07/2018 which I returned back on the 26th accepting I was the driver and I have been offered the speed awareness course which I have already booked and keen to attend because I believe it will further make me more speed conscious and become a better driver.
I am appealing to your benevolent side and plead that you will be lenient to me when making your decision. I will be very grateful if I can pay the fine without the points added on my licence as this will mean I will be three points away from my licence been revoked for the next two years which has been mind bogging and will place a stress on me each time I am driving.
Thank you for your time and in anticipation of a favourable response Sir/Madam.

Yours faithfully,


Is it alright to send this letter begging for leniency along with the NIP?
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The Rookie
post Wed, 8 Aug 2018 - 05:16
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Ok to send, yes, will it make any difference whatsoever, no it won't. To be honest it's a waste of your time and paper.

There is no mechanism for paying a fine and not getting points anyway, so that's a completely irrelevant suggestion.

From your wording I am presuming English is not your first language and you weren't born here? That sort of letter may work elsewhere (especially if accompanied by a bank note or two) but not with UK camera offices.


--------------------
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
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southpaw82
post Wed, 8 Aug 2018 - 16:24
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There is no legal mechanism for them to issue you with a fine but no points. Pointless (pun not intended) asking.


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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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peterguk
post Wed, 8 Aug 2018 - 16:27
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QUOTE (slick01 @ Wed, 8 Aug 2018 - 03:45) *
I will be very grateful if I can pay the fine without the points added on my licence as this will mean I will be three points away from my licence been revoked for the next two years which has been mind bogging and will place a stress on me each time I am driving.

I'm not sure moaning about being put under pressure to drive within the law is going to help. Let's face it, millions of drivers manage it every day.


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Logician
post Wed, 8 Aug 2018 - 19:19
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Sending that letter cannot possibly do any good.


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Churchmouse
post Wed, 8 Aug 2018 - 23:52
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QUOTE (The Rookie @ Wed, 8 Aug 2018 - 03:16) *
QUOTE (Churchmouse @ Tue, 7 Aug 2018 - 23:39) *
QUOTE (Jlc @ Tue, 7 Aug 2018 - 10:02) *
QUOTE (slick01 @ Mon, 6 Aug 2018 - 23:48) *
...I quote as in the NIP "we believe you are the driver".

Does it really say that?

Or this?
QUOTE
I responded on the next day 26th and i got a letter on the 31st offering me the speed awareness course which means if i accept the 58mph NIP I get the fine and 3points which i am not sure i was the driver.


If a course has been offered, then the driver must already have been identified (which the above seems to imply), so it's a bit late to be unsure who was actually the driver. Take up the offer.

--Churchmouse

Read again, two different cases......

Oh, sorry about that, OP...

--Churchmouse
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