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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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BaggieBoy
post Thu, 5 Oct 2017 - 08:30
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QUOTE (cowgirl1512 @ Thu, 5 Oct 2017 - 09:13) *
Got home last night and had another NIP for doing 75 in a 70

Not saying I don't believe you but 75 in a 70 is below the normal threshold for prosecution (79). Is the speed limit perhaps lower than you think (60) due to the van?
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cowgirl1512
post Thu, 5 Oct 2017 - 08:45
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Thanks for the reply BaggieBoy

it may because of the van but also the road varies between single and dual carriageway (3 miles of one, 3 miles of the other etc.) so I'm wondering if its on a stretch of the single?

Regardless the van just wouldn't do this speed in limp mode, I couldn't overtake anyone, I struggled pulling out of junctions into fast traffic etc. it was a nightmare to drive and I was 150 miles from home.
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Jlc
post Thu, 5 Oct 2017 - 09:02
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QUOTE (cowgirl1512 @ Thu, 5 Oct 2017 - 09:13) *
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".

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?

It's all very nice having such a letter but one suspects they have evidence from an approved device to the contrary. Do you know what sort of camera it was? (Or the location?)

And it won't be for 75 in a 70 as already noted. More likely a 60 (either by road or type of vehicle) - If so, 75 is the upper limit for a course.

QUOTE (cowgirl1512 @ Thu, 5 Oct 2017 - 09:13) *
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?

Assuming you are not the registered keeper then your details would have been provided manually and perhaps someone else has misspelt your name whilst doing so. But it's not going to give you a defence.

This probably deserves being split into a new thread to avoid confusion with the original. (Hit !Report and ask a mod nicely if they don't spot)

This post has been edited by Jlc: Thu, 5 Oct 2017 - 09:05


--------------------
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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The Rookie
post Thu, 5 Oct 2017 - 10:30
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QUOTE (cowgirl1512 @ Thu, 5 Oct 2017 - 09:13) *
The NIP has a spelling mistake on my surname but I'm assuming this is insignificant due to this "slip" rule?

It can't be corrected under the 'slip rule' no, that part of the magistrates court act only applies to court produced paperwork, however it doesn't need correcting, you know its for you.


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cowgirl1512
post Thu, 5 Oct 2017 - 10:40
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Thanks for the replies everyone - so where do I go from here? It's just impossible that I was doing 75?
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The Rookie
post Thu, 5 Oct 2017 - 10:52
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I would write and ask for 'photo's to help confirm the drivers identity' or similar, this will give you a better idea of what happened, you use that ruse as you aren't entitled to see evidence at this stage. It may or may not help.

I presume the van is not car derived so even on a dual carriageway it would have a 60 limit? The van is a.......?


--------------------
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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Jlc
post Thu, 5 Oct 2017 - 11:26
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Ask for the photo as above.

Where was the camera?


--------------------
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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cowgirl1512
post Thu, 5 Oct 2017 - 11:59
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Sorry gents I do not know where the camera was or what type - if I send a letter off and ask will the 28 day return period for the NIP still keep running?
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mynamegoesinhere
post Thu, 5 Oct 2017 - 12:06
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Could it have been on a downhill stretch where it could have got up to that speed despite being in GMH mode?
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peterguk
post Thu, 5 Oct 2017 - 12:16
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QUOTE (cowgirl1512 @ Thu, 5 Oct 2017 - 12:59) *
Sorry gents I do not know where the camera was or what type - if I send a letter off and ask will the 28 day return period for the NIP still keep running?


Yes. The 28 day period does not extend.


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Jlc
post Thu, 5 Oct 2017 - 12:17
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Ok, the location given...? (Road/junction etc)


--------------------
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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The Rookie
post Thu, 5 Oct 2017 - 12:50
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QUOTE (The Rookie @ Thu, 5 Oct 2017 - 11:52) *
I presume the van is not car derived so even on a dual carriageway it would have a 60 limit? The van is a.......?

???


--------------------
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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cowgirl1512
post Thu, 5 Oct 2017 - 14:28
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Sorry The Rookie - its a ford transit LWB custom 2.0 diesel

Mynamegoesinhere - no pretty much flat for 10 miles or so along that stretch - will get exact position/junction etc when I get home and take another look.

This post has been edited by cowgirl1512: Thu, 5 Oct 2017 - 14:30
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The Rookie
post Thu, 5 Oct 2017 - 14:44
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So speed limit is 60 on a dual carriageway, hence why a recorded 75 justified a NIP.

Could you complete the NIP wizard and have the output added to the thread?


--------------------
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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cowgirl1512
post Wed, 11 Oct 2017 - 09:26
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Hello again everyone

The Rookie - The NIP Wizard stated that I hadn't answered enough questions for a post to the Forum?? Here's what I answered which is all correct:

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? - Wales

I now understand it was on a dual-carriageway but the max speed for the Van was 60mph - I have to admit I thought it was 70 mph so this is a learning experience for me finding out that its only 60 but I now understand the Law totally.

However, that doesn't negate the fact that the Van was only capable of doing 60 mph at the time. No downhill stretches involved.

I think that the camera was on a bridge (mobile) overlooking the carriageway - I have now received the photos and have been given until 23/10 to name the driver.

The photo does NOT identify me as the driver, it's poor and the reflection on the windscreen just means you cant actually see me properly at all.

Any thoughts on next steps would be gratefully received.
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Jlc
post Wed, 11 Oct 2017 - 09:34
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QUOTE (cowgirl1512 @ Wed, 11 Oct 2017 - 10:26) *
I think that the camera was on a bridge (mobile) overlooking the carriageway - I have now received the photos and have been given until 23/10 to name the driver.

Ok, and the photo confirms the speed?

QUOTE (cowgirl1512 @ Wed, 11 Oct 2017 - 10:26) *
The photo does NOT identify me as the driver, it's poor and the reflection on the windscreen just means you cant actually see me properly at all.

Nor does it have to. The photo is to identify the vehicle and the alleged offence only. If you know who was driving then they should be named - don't be tempted to think this provides any 'defence'.


--------------------
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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disgrunt
post Wed, 11 Oct 2017 - 10:05
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Can I just ask whether you are certain it was you driving at the time. I'm thinking there are 2 possibilities that you should check out because with your other thread you are looking at a totting ban if I recall correctly.

Is the location close to the hire centre, could you have returned the van and a hire company employee taken it for a quick spin up the road to check it out?
Hire firms often have cars/vans with sequential plates, could you have had one either side and the hire company misread the original NIP when naming you?


Probably both long shots but you never know?
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samthecat
post Wed, 11 Oct 2017 - 10:11
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QUOTE (cowgirl1512 @ Thu, 5 Oct 2017 - 09:13) *
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.



QUOTE (disgrunt @ Wed, 11 Oct 2017 - 11:05) *
Can I just ask whether you are certain it was you driving at the time. I'm thinking there are 2 possibilities that you should check out because with your other thread you are looking at a totting ban if I recall correctly.


Seems the OP was the only one driving on the day in question. Presumably the OP has checked the VRM on the supplied photographs and its the correct vehicle.


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If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.
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Logician
post Wed, 11 Oct 2017 - 11:38
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QUOTE (cowgirl1512 @ Wed, 11 Oct 2017 - 10:26) *
...........the Van was only capable of doing 60 mph at the time. No downhill stretches involved. I think that the camera was on a bridge (mobile) overlooking the carriageway - I have now received the photos and have been given until 23/10 to name the driver. The photo does NOT identify me as the driver, it's poor and the reflection on the windscreen just means you cant actually see me properly at all. Any thoughts on next steps would be gratefully received.


Does the photo confirm the speed?



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