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[NIP Wizard] my car isnt on all the photo's provided as evidence, Threads merged
Uromastyx
post Thu, 28 Dec 2017 - 05:38
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2017
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A580 East Lancs Road, app to Moorside Road, Swindon, U.K
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
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 - Caught doing 49 in a 40 by a fixed camera at 20.20 on 10/12/17.
No real reason for it. Don't even no why I was speeding as I know the camera is there and don't really speed anywhere. I was shocked when the notice of intention to prosecute came.
I've looked at the evidence on gmppas website and there are three pictures. First has a very blurred image of my registration number. Second two has two trucks on it and my car is not there. Not sure if this is grounds to appeal against it or if I would be better to just fill the form in and hope for a course to be offered


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: Thu, 28 Dec 2017 05:38:15 +0000
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post Thu, 28 Dec 2017 - 05:38
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Uromastyx
post Thu, 28 Dec 2017 - 05:38
Post #2


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Group: Members
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Joined: 28 Dec 2017
Member No.: 95,708



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2017
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A580 East Lancs Road, app to Moorside Road, Swindon, U.K
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
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 - Caught doing 49 in a 40 by a fixed camera at 20.20 on 10/12/17.
No real reason for it. Don't even no why I was speeding as I know the camera is there and don't really speed anywhere. I was shocked when the notice of intention to prosecute came.
I've looked at the evidence on gmppas website and there are three pictures. First has a very blurred image of my registration number. Second two has two trucks on it and my car is not there. Not sure if this is grounds to appeal against it or if I would be better to just fill the form in and hope for a course to be offered


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: Thu, 28 Dec 2017 05:38:21 +0000
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The Rookie
post Thu, 28 Dec 2017 - 06:45
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An appeal comes after a conviction.

You could query why your car doesn’t appear to be in the photo, it could just be a hosting error and they have a perfectly good photo of your car exceeding the limit.

None of this means you have a get out from nailing the driver in the required timescale.

That camera is a so called speed on green, so it monitors for red light offences and speeding.

This post has been edited by The Rookie: Thu, 28 Dec 2017 - 06:47


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
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Jlc
post Thu, 28 Dec 2017 - 08:49
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QUOTE (The Rookie @ Thu, 28 Dec 2017 - 06:45) *
None of this means you have a get out from nailing the driver in the required timescale.

Seems a bit harsh for a minor speeding offence? laugh.gif

I would call them up and see if they can explain. The pictures will not be the evidential ones they would use but there's a long shot of 'embarrassment' where they might consider cancelling. The pictures on the website in themselves do not stop them progressing should they have the correct evidence.

I'm also wondering if you triggered the camera but the trucks were partially obscuring you.

This post has been edited by Jlc: Thu, 28 Dec 2017 - 08:50


--------------------
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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superSmiffy
post Thu, 28 Dec 2017 - 09:55
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Your vehicle must be in the 2 images to prosecute so you need to point this out to the police ticket office.

They should be able to clear this up before you do anything else.
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NewJudge
post Thu, 28 Dec 2017 - 16:13
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QUOTE (superSmiffy @ Thu, 28 Dec 2017 - 09:55) *
They should be able to clear this up before you do anything else.


But if they don't you still need to name the driver within 28 days.
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The Rookie
post Thu, 28 Dec 2017 - 16:33
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QUOTE (superSmiffy @ Thu, 28 Dec 2017 - 10:55) *
Your vehicle must be in the 2 images to prosecute so you need to point this out to the police ticket office.

They should be able to clear this up before you do anything else.

Well in two images, not necessarily the two hosted.

As for my auto correct error, I apologise!


--------------------
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 8-0 PPC's
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Uromastyx
post Tue, 2 Jan 2018 - 15:04
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Just to let you guys know. I contacted the ticket office by emailed to ask for further evidence as my vehicle didn't seem to be in the photos provided. They have replied today and cancelled the ticket and I don't need to reply to the N.I.P.
Thank for the advise
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superSmiffy
post Tue, 2 Jan 2018 - 15:20
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QUOTE (Uromastyx @ Tue, 2 Jan 2018 - 15:04) *
Just to let you guys know. I contacted the ticket office by emailed to ask for further evidence as my vehicle didn't seem to be in the photos provided. They have replied today and cancelled the ticket and I don't need to reply to the N.I.P.
Thank for the advise

Sorted. smile.gif
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TheDisapprovingB...
post Tue, 2 Jan 2018 - 16:03
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In the interest of covering all bases, I'd be inclined to respond to the NIP naming the driver regardless, including a cover letter referring to your conversation and thanking them for cancelling. The reason being that failing to respond to a s.172 notice is a separate offence, and if you trigger that offence you're potentially opening the door to a lot more hassle sorting that one out.
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superSmiffy
post Tue, 2 Jan 2018 - 17:45
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QUOTE (TheDisapprovingBrit @ Tue, 2 Jan 2018 - 16:03) *
In the interest of covering all bases, I'd be inclined to respond to the NIP naming the driver regardless, including a cover letter referring to your conversation and thanking them for cancelling. The reason being that failing to respond to a s.172 notice is a separate offence, and if you trigger that offence you're potentially opening the door to a lot more hassle sorting that one out.

There will be a note on the notice in the computer record and the status will be set to NFA so no need to do what you suggest.
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Churchmouse
post Tue, 2 Jan 2018 - 18:38
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QUOTE (superSmiffy @ Tue, 2 Jan 2018 - 17:45) *
QUOTE (TheDisapprovingBrit @ Tue, 2 Jan 2018 - 16:03) *
In the interest of covering all bases, I'd be inclined to respond to the NIP naming the driver regardless, including a cover letter referring to your conversation and thanking them for cancelling. The reason being that failing to respond to a s.172 notice is a separate offence, and if you trigger that offence you're potentially opening the door to a lot more hassle sorting that one out.

There will be a note on the notice in the computer record and the status will be set to NFA so no need to do what you suggest.

Yes. But do it anyway.

--Churchmouse
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cp8759
post Wed, 3 Jan 2018 - 23:28
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QUOTE (Churchmouse @ Tue, 2 Jan 2018 - 18:38) *
QUOTE (superSmiffy @ Tue, 2 Jan 2018 - 17:45) *
QUOTE (TheDisapprovingBrit @ Tue, 2 Jan 2018 - 16:03) *
In the interest of covering all bases, I'd be inclined to respond to the NIP naming the driver regardless, including a cover letter referring to your conversation and thanking them for cancelling. The reason being that failing to respond to a s.172 notice is a separate offence, and if you trigger that offence you're potentially opening the door to a lot more hassle sorting that one out.

There will be a note on the notice in the computer record and the status will be set to NFA so no need to do what you suggest.

Yes. But do it anyway.

--Churchmouse

+1


--------------------
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.
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Uromastyx
post Thu, 4 Jan 2018 - 19:12
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Thank you. I will respond to the NIP to cover myself.
Cheers
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roythebus
post Sun, 7 Jan 2018 - 15:13
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Belt and braces, as you've seen, they make mistakes.
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