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[NIP Wizard] [nip wizard] no speed on nip - exceeding speed limit manned equipment
dipsta
post Wed, 31 Jan 2018 - 21:23
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2018
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A1m northbound carriageway, ingmanthorpe
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 - Was driving to a work did not see any camera, could have been speeding.

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, 31 Jan 2018 21:21:58 +0000

Hello all, gutted to be on here again, a long time since the last, but here goes.
Was driving to head office, was speeding unsure of speed worries it could have been in excess off 100 but received an nip. There is no speed on the nip and there is no speed limit on the nip. Is this normal?
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post Wed, 31 Jan 2018 - 21:23
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BaggieBoy
post Wed, 31 Jan 2018 - 21:24
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Unusual not to state the speed but legally fine. Only the alleged offence, date. time and location are required. You could call them and ask. At this stage you are only being asked to name the driver.
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dipsta
post Wed, 31 Jan 2018 - 21:30
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ah okay, will give them a call and see what they say. Thanks
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Logician
post Wed, 31 Jan 2018 - 21:39
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I cannot see that listed as a location for fixed or mobile cameras, so it may have been a hand-held camera.


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dipsta
post Wed, 31 Jan 2018 - 21:46
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Woudl that potentially mean a police officer wih a gun?
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BaggieBoy
post Wed, 31 Jan 2018 - 21:56
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This is the known location here but that is on the southbound side. Nothing to stop them from pinging you going north if they have line of sight. Requesting a photograph "to aid with the identification of the driver" would confirm that.

This post has been edited by BaggieBoy: Wed, 31 Jan 2018 - 21:56
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dipsta
post Thu, 1 Feb 2018 - 09:49
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Morning and Hello, i have called the police and asked for photographic evidence to show me who was driving and they said that this did not have to be provided hnless i decided to go to court.
I asked specifically what the speed was and the lady said its unusual that it was not on the NIP and put me on hold whilst she spoke to her supervisor. She came back to me and said that this was just to find out who was driving snd therfore didn’t need to be shown on the nip.
She said send a letter with all people who could have been driving and we will go from there.
What are your thoughts on this?

Is it likely that the speed was that excessive they have not disclosed? Is this allowed?

Thansk in advance
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AntonyMMM
post Thu, 1 Feb 2018 - 09:53
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Surprised they didn't give the speed - but they don't have to. You shouldn't have used the word evidence, as you aren't entitled to that at this stage. A request for a photo "to help identify the driver" may have been better.

All you can do is name the driver and see what action follows -if you think you may have been at 100+, then it will be a summons to court.
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peterguk
post Thu, 1 Feb 2018 - 09:55
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QUOTE (dipsta @ Thu, 1 Feb 2018 - 09:49) *
What are your thoughts on this?


Simply name the driver as requested.


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dipsta
post Thu, 1 Feb 2018 - 10:02
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Hello sorry, I did ask for a photograph to help identify the driver as someone said earlier i should have been cleared but they said they didn’t have to provide until a court appearance.
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peterguk
post Thu, 1 Feb 2018 - 10:07
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QUOTE (dipsta @ Thu, 1 Feb 2018 - 10:02) *
Hello sorry, I did ask for a photograph to help identify the driver as someone said earlier i should have been cleared but they said they didn’t have to provide until a court appearance.


There is no obligation to supply you any evidence at this stage.


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Jlc
post Thu, 1 Feb 2018 - 10:41
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QUOTE (dipsta @ Thu, 1 Feb 2018 - 09:49) *
She said send a letter with all people who could have been driving and we will go from there.

There only appears to be one driver so the above 'advice' can be ignored.


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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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The Rookie
post Thu, 1 Feb 2018 - 11:41
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While most forces are happy to send out photo's to help ID the driver and the response is unusual, she is right.

Had you genuinely not been able to ID the driver you could have made more of it, but as you know who was driving you just have to no go ahead and submit the details.


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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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Logician
post Thu, 1 Feb 2018 - 11:46
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QUOTE
i have called the police and asked for photographic evidence to show me who was driving


We advise against using the word 'evidence' because indeed they do not have to provide evidence at this stage.


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The Rookie
post Thu, 1 Feb 2018 - 12:48
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I'd suggest the use of the word evidence in that context shouldn't be relevant, but maybe as it was a phone call she heard evidence and blanked out the rest, why we normally recommend a letter where its less likely to be misconstrued.


--------------------
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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nigelbb
post Fri, 2 Feb 2018 - 10:51
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QUOTE (The Rookie @ Thu, 1 Feb 2018 - 12:48) *
I'd suggest the use of the word evidence in that context shouldn't be relevant, but maybe as it was a phone call she heard evidence and blanked out the rest, why we normally recommend a letter where its less likely to be misconstrued.

There is nothing to be lost even now by sending such a letter.


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British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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thisisntme
post Fri, 2 Feb 2018 - 11:51
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As above, while remembering that the 28 day clock for returning a nomination doesn't stop while you wait...


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I reserve the right to be wrong.
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Foxy01
post Sun, 18 Feb 2018 - 20:44
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I came past this location on Saturday. There was a camera van parked at the edge of the first overbridge north of the services. Here
The van was positioned to the extreme eastern end and not readily visible until close to the bridge. Looking at the street view and with the curve of the road the ping could occur some distance away.

This post has been edited by Foxy01: Sun, 18 Feb 2018 - 20:48
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dipsta
post Wed, 8 Aug 2018 - 22:29
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Hello all,
I sent the NIP back recorded delivery within the timeframe given.
Its been over 6 months now since the nip date and i’ve heard nothing back. Original date was the 28th of January. I set a reminder on my phone at 6m and a week and it’s popped up.
I’ve checked the royal mail system and even though I sent the NIP back it says the item was not delivered. I cannot actually believe it. I’m expecting to get a court summons for failing to respond to the nip.

Where do I stand if this is the case?
Shouldn’t I have heard something by now?

Thanks in advance
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Logician
post Wed, 8 Aug 2018 - 23:58
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The DVLA probably routinely decline to sign for delivery as the volume is excessive, and royal Mail therefore record it as undelivered. The police routinely take all of the six months they are allowed, and then the court process it so a another week or two may be added. Very likely you will hear in the next few weeks. Alternatively your case may have got lost in the system, so keep everything crossed.


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