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[NIP Wizard] TESTOS ROUNDABOUT ROADWORKS
atlantic
post Sun, 19 Jan 2020 - 13:37
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2019
Date of the NIP: - 65 days after the offence
Date you received the NIP: - 66 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A19 TESTOS ROUNDABOUT ROADWORKS (NORTHBOUND) UK
Was the NIP addressed to you? - No
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? - I was Driving it is my Fiancees car
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 driving back in the dark I had been away working for a month and not aware of new speed cameras in operation.

NIP arrived at my fianees home it was posted back with my address and sent out around 19th Dec I have just got site of it as Fiacee checked my home and it had been delivered whist I was away


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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. 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: Sun, 19 Jan 2020 13:37:23 +0000
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post Sun, 19 Jan 2020 - 13:37
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atlantic
post Sun, 19 Jan 2020 - 14:14
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https://imageshack.com/i/pnJNnWTvp
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Jlc
post Sun, 19 Jan 2020 - 14:49
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Any questions?

That excess qualifies for a course if the driver is confirmed ASAP.


--------------------
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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NewJudge
post Sun, 19 Jan 2020 - 14:52
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Do you have any particular questions?

53mph in a 40mph limit just qualifies for a speed awareness course. You should be offered one provided you have not done one of the same type for an offence that occurred in the three years prior to this one. It will cost you about £100 and half a day of your time, but no penalty points. If you don't fancy the course a fixed penalty of £100 and three points is the alternative.
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atlantic
post Sun, 19 Jan 2020 - 17:27
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QUOTE (NewJudge @ Sun, 19 Jan 2020 - 15:52) *
Do you have any particular questions?

53mph in a 40mph limit just qualifies for a speed awareness course. You should be offered one provided you have not done one of the same type for an offence that occurred in the three years prior to this one. It will cost you about £100 and half a day of your time, but no penalty points. If you don't fancy the course a fixed penalty of £100 and three points is the alternative.


I suppose I would like to know if I was going that speed and how do they prove it?

Or more importantly how I prove I wasn"t?
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morrisman
post Sun, 19 Jan 2020 - 17:38
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QUOTE (atlantic @ Sun, 19 Jan 2020 - 17:27) *
QUOTE (NewJudge @ Sun, 19 Jan 2020 - 15:52) *
Do you have any particular questions?

53mph in a 40mph limit just qualifies for a speed awareness course. You should be offered one provided you have not done one of the same type for an offence that occurred in the three years prior to this one. It will cost you about £100 and half a day of your time, but no penalty points. If you don't fancy the course a fixed penalty of £100 and three points is the alternative.


I suppose I would like to know if I was going that speed and how do they prove it?

Or more importantly how I prove I wasn"t?

The roadworks are covered by average speed cameras which appear to have detected you speeding.

Do you believe you were at or below the limit?
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Jlc
post Sun, 19 Jan 2020 - 18:04
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QUOTE (atlantic @ Sun, 19 Jan 2020 - 17:27) *
I suppose I would like to know if I was going that speed and how do they prove it?

Quite a simple speed calculation of distance over time.

They know the distance between each camera and they read your plate each time you pass one (with a timestamp). Calculating the average speed is dead easy.

It's highly unlikely it's wrong and it will be very costly trying to show otherwise.

Are you saying you didn't exceed 40mph?

This post has been edited by Jlc: Sun, 19 Jan 2020 - 18:06


--------------------
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.
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andy_foster
post Sun, 19 Jan 2020 - 19:49
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If you want to see the evidence against you, you have no right to see it at this stage, but if you write to them asking for copies of any photographs to help to determine who was driving, they will often oblige. There is a slim chance that there will be a major error, and an even slimmer one that any photos sent would make any such error readily apparent.

However, if you want to be offered a course, time might well be of the essence. I do not know what Northumbria's policy is, but TVP state that they will only offer a course if the s. 172 response admitting to being the driver is received within 74 days of the alleged offence.

Your description of events - it was dark and I was not aware of the new cameras - does not suggest that you are particularly likely to have a viable defence. It is perhaps understandable that you might want to see evidence that you actually committed the offence alleged before accepting punishment for it, but broadly speaking, unless you want to go to court and face substantial and disproportionate costs if you lose, it doesn't work like that.


--------------------
Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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666
post Sun, 19 Jan 2020 - 21:12
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OP. If you decide to fight this (which I think would be unwise) I would suggest you do NOT mention that you were not aware of the cameras. That gives the impression that you only obey the limits when you are likely to be caught.
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atlantic
post Mon, 20 Jan 2020 - 02:59
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Thanks for comments I have sent the NIP back confirming I am the driver
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