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Caught by community speedwatch - Suffolk
shaftonmatt
post Tue, 10 Apr 2018 - 12:01
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Was hoping someone could help with this latest scenario... just answered the door to the postie and one of the letters is from Suffolk Constabulary of a notice of intended prosecution.


I remember this as I was exiting my golf club and there was a car travelling on the road I was turning into, appeared to be at speed but possibly at the 30mph limit so I pulled out and accelerated safely to avoid any need for them to break (several hundred yards away). I realised I was over the 30mph (approx 35mph) speed limit and took my foot off the accelaration right at the time as I saw a "nothing better to do old dear" with an high viz jacket and camera.


I contunued my trip down the road at 30mph and thought nothing more of it as I quickly searched if this was enforceable (may have looked at the wrong site).. fast forward to today and it appears that I have a NIP. So...


1) My assumption, rightly or wrongly, was that if caught by a member of the public, that the police force could only issue a warning letter rather than a NIP?
2) Does the equipment need to be regularly calibrated and as such surely constant moving by members of the public could lead to regular calibrations being required?
3) I am the unproud owner of 3 points already from last year and prior to that had a speed awareness course in Yorkshire... is it likely that I will get the opportunity for a speed awareness course in Suffolk as I have read that if it was my first offense in that county then this is how it would be dealt with in this circumstance?
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post Tue, 10 Apr 2018 - 12:01
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thisisntme
post Thu, 12 Apr 2018 - 11:00
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QUOTE (cp8759 @ Thu, 12 Apr 2018 - 11:47) *
QUOTE (StuartBu @ Thu, 12 Apr 2018 - 01:16) *
QUOTE (BaggieBoy @ Thu, 12 Apr 2018 - 00:14) *
QUOTE (StuartBu @ Wed, 11 Apr 2018 - 23:53) *
No point in sending a "warning letter" ( if that's the outcome) to the registered keeper of the car as they might not have been driving .

That has happened to me though, my daughter was using my second car whilst hers was being repaired and passed a community speed watch (in Surrey) over the speed. as the RK I received a warning letter, there was no request to name the actual driver.

Thats plain daft- was it worded as though you were the driver?

Community speedwatch letters assume the RK is the driver, it's just a warning letter so there's no point in taking it further than that. They probably assume if the RK isn't the driver he'll make the driver aware.


That's not the case for the OP though, so he shouldn't follow your advice here, as he has a S172 notice/NIP


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cp8759
post Thu, 12 Apr 2018 - 11:32
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QUOTE (thisisntme @ Thu, 12 Apr 2018 - 12:00) *
QUOTE (cp8759 @ Thu, 12 Apr 2018 - 11:47) *
QUOTE (StuartBu @ Thu, 12 Apr 2018 - 01:16) *
QUOTE (BaggieBoy @ Thu, 12 Apr 2018 - 00:14) *
QUOTE (StuartBu @ Wed, 11 Apr 2018 - 23:53) *
No point in sending a "warning letter" ( if that's the outcome) to the registered keeper of the car as they might not have been driving .

That has happened to me though, my daughter was using my second car whilst hers was being repaired and passed a community speed watch (in Surrey) over the speed. as the RK I received a warning letter, there was no request to name the actual driver.

Thats plain daft- was it worded as though you were the driver?

Community speedwatch letters assume the RK is the driver, it's just a warning letter so there's no point in taking it further than that. They probably assume if the RK isn't the driver he'll make the driver aware.


That's not the case for the OP though, so he shouldn't follow your advice here, as he has a S172 notice/NIP

Of course, as he hasn't been sent a warning letter.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Fredd
post Thu, 12 Apr 2018 - 12:13
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QUOTE (shaftonmatt @ Wed, 11 Apr 2018 - 19:59) *
This is the first letter and whilst its not telling me I WILL be prosecuted it is a NIP asking for my details. Heres hoping it will be a warning letter

OP, could you clarify exactly what the letter does says it is? People have a habit of using terms like "NIP" loosely.

It can't be a NIP if it's not telling you that they aren't intending to prosecute you (or the driver anyway). If it's just a s172 notice then it will specifically state that you're required to provide the information under section 172 of the Road Traffic Act 1988. Anything else is just going to be some kind of warning letter. So what does it say, exactly?


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Fredd

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