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NIP for 75 in a van
cowgirl1512
post Thu, 5 Oct 2017 - 08:13
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Thank you to everyone for their answers and help - you know the saying it never rains, it pours?

Got home last night and had another NIP for doing 75 in a 70......itself not unusual but it was actually on the day I should of turned up to my Court date and I was in a Hired Van - part of my work "emergency".

So the NIP's finally got to me - speeding at 5:10PM. The only thing is the van broke down at 1PM and went into get home mode (limp home) and wouldn't do more than 60mph !!

I reported this to my work, who called the Van garage, I coached the van home with no power, and the following day it went into the workshop and a major fault was found.

I've spoken to the garage and the mechanic has no problem doing me a letter stating that the vehicle would not physically be able to do 75mph at that time - I also took a photo of all the warning lights on the dash at the time as I emailed them to the garage?

So how the hell have I been clocked at 75mph and what do I do? The NIP has a spelling mistake on my surname but I'm assuming this is insignificant due to this "slip" rule?

I'm really in the wars at the moment aren't I? Thanks in anticipation.
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post Thu, 5 Oct 2017 - 08:13
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The Rookie
post Wed, 11 Oct 2017 - 12:02
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The NIP wizard works and doesn't say you haven't answered enough questions if you press the additional questions button and answer the rest of them......


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cowgirl1512
post Thu, 12 Oct 2017 - 13:50
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Disgrunt - the Van is our company vehicle, not hired, we had to hire one the day after as from 1pm that day it was in limp home mode. I was over 150 miles from home location. I understand what you are saying (and appreciate it) but I think that's a no go.

Samthecat and logician - I haven't checked the Speed on the photo or the VRM and the van has just been sold as it was too much trouble so we have a new one. I could get the VRM and I simply forgot to bring the photo with me to work today to check. Will do this tomorrow thanks.

The Rookie - I noticed the "additional questions" now but need the NIP to fill it in correctly, again will do tomorrow.

Many thanks and appreciation to all.
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cowgirl1512
post Thu, 12 Oct 2017 - 14:42
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OK the photo does not say the speed anywhere on it?

There are 2 photos - neither show speed, one is so poor registration is not legible, other is poor registration is just readable but the D’s could be mistaken for B’s?

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Jlc
post Thu, 12 Oct 2017 - 15:11
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They are stills from the video - annoyingly, it appears they've sent stills after the speed has timed out - presumably because the pictures have been supplied to assist in identifying the driver.

But seems sufficient to confirm whether it was the vehicle in question.


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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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Thu, 12 Oct 2017 - 15:48
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QUOTE (cowgirl1512 @ Thu, 12 Oct 2017 - 15:42) *
OK the photo does not say the speed anywhere on it? There are 2 photos - neither show speed, one is so poor registration is not legible, other is poor registration is just readable but the D’s could be mistaken for B’s? Attached photos


Perhaps they could, but they weren't, were they? They were read as D's and that is why the NIP reached you.

The only time I was driving a vehicle that went into limp mode, I found that if I stopped it drove apparently normally for a period of time before going back into limp mode. I note that you called your work and then coaxed the van back, if the same thing happened to you it might have been driving normally at that particular time. Anyway I think that a court faced with a speed reading made by a trained operator with an approved device are likely to accept that speed despite a letter from your mechanic, so I would not recommend taking this to court.



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cowgirl1512
post Thu, 12 Oct 2017 - 16:08
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Logician - the only time a vehicle would resume normally and cancel limp home mode is if it was an intermittent fault. In my case a sensor failed permanently - the mechanic had fitted a “ generic” sensor in the vehicle only the week earlier.

He admitted he should have fitted an OEM sensor, and he fitted one the following day, and didn’t charge us the extra money (double the cost) for the sensor or any Labour. You cannot perform a rolling reset on this part as the ECU needs a diagnostic device plugged in to do this.

Look - the vehicle wouldn’t do more than 60 - I was getting people blowing their horns at me all that afternoon for taking a lifetime to get to 30? It’s quite simple that I refuse to be prosecuted for something I simply didn’t do.

And a qualified mechanic takes 3 years to train - a speed camera operator? A weeks course at best?

Technology fails - that’s why I’m here in this position. I know you’re trying to help and I thank you, but the facts are the facts I’m not trying to bull**** the court or anyone else.

Ooh- just complicate matters I’m a Snowboard Instructor and I’m off to Andorra shortly until May 2018 - how will that work?

This post has been edited by cowgirl1512: Thu, 12 Oct 2017 - 16:12
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disgrunt
post Thu, 12 Oct 2017 - 16:27
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I believe your story and can see why you'd not want to accept a penalty when you are innocent. Can I point out a potential issue though : you appear to be in the outside lane, "the fast lane".

The pragmatic thing to do would be accept a course if offered, not sure it would be though, and think of all the times you were speeding and didn't get caught.
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southpaw82
post Thu, 12 Oct 2017 - 16:35
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Whether to accept a course or fixed penalty or take the matter to court is entirely a matter for you. All we can do is advise you on the prospects of success and the pitfalls of going to court. Lose at court and the prosecution will ask for costs of £620 plus the costs of any expert they may have brought in. The fine will also be income related rather than fixed at £100.


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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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