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[NIP Wizard] NIP - Variable speed limit sign not showing in my lane
FX1
post Wed, 20 Jun 2018 - 10:17
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2018
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M42 (NB - ATM) between junctions 3A & 4(NB), United Kingom
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? - 6
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 along the M42 running slightly late. As is nearly always the case, the variable speed limits were up and displaying speed limits when the road was at average capacity for that time of day with no obvious roadworks, incidents or occurrences.


A number of gantrys showed 60mph and so I reduced my speed to match. However, I recall seeing one gantry that had 60mph in the lanes next to it but both the number and the red circle of the lane I was in were not showing.

I drove through this at 70mph thinking that it was the NSL and given the fact that the road traffic arround me was doing about a similar speed even though there lanes were restricted, I thought nothing of it other than the fact that I could at least get to collect my young son on time.

A couple of days later, I was informed by my a family member that I had a NIP, that they were forwarding to me as my address on my V5 and driving licence is directed to them.


I kicked myself for taking that chance but equally feel slightly miffed as I think that if their equipment is not working correctly, then they should not be able to issue NIPs. I can't tell for sure that the gantry lane I was in was blank, as I have no evidence but I drove along the same stretch a couple of days later and took photgraphs of some of the gantrys that may/may not have been the gantry I went under also showing speed restrictions in some lanes but blank in others e.g. Lane 1 and 3 showing 60mph and Lane 2 not being illumianted.


I have 6 points on my licence at present and have been generally maintaining the speed limit. Clearly here had I been driving at 72 throughout the journey, multiple gantries would have recorded me. Also the fact that the speed I was recorded at was 72mph shows that I was not outwardly intent on warp speed, merely what I perceived to be the actual speed limit for my lane.


As mentioned I have photographs of a different day but I am not sure which exact gantry this and they relate to.


What do you think I should do next? Ask for photgraphic ID of the driver to see if the gantry sign is extinguished in the lane I was in? Would this be a defence or is the fact that the other lanes were illuminated enough to prosecute?


Finally, with 6 points do you think a speed awareness course might be an option?


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? - 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: Wed, 20 Jun 2018 10:17:04 +0000
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post Wed, 20 Jun 2018 - 10:17
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disgrunt
post Mon, 25 Jun 2018 - 13:38
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On the M25 recently the inside 2 lanes said 40 (there was an incident on the next slip road) and the outside 2 lanes said 60.

What is the consensus regarding the limit on that occasion? I did 60 in the outside lane and haven’t had any comeback.
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thisisntme
post Fri, 29 Jun 2018 - 13:03
Post #22


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QUOTE (disgrunt @ Mon, 25 Jun 2018 - 14:38) *
On the M25 recently the inside 2 lanes said 40 (there was an incident on the next slip road) and the outside 2 lanes said 60.

What is the consensus regarding the limit on that occasion? I did 60 in the outside lane and haven’t had any comeback.


Which junction? If two lanes are separating as at the M26 junction anticlockwise with the shorter lines separating both sets of lanes, then they can show different speed limits


--------------------
I reserve the right to be wrong.
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notmeatloaf
post Fri, 29 Jun 2018 - 14:19
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Depends on the section too. The legislation for different sections does have small variations in what different scenarios mean.

However, as has been said the software is the same and will normally disable the cameras if an error is detected with the display. This was obviously enough of an issue (possibly with people arguing the toss rather than technical issues) for the extra expense of slave cameras for HADECS3 to be worthwhile.
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