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NIP 3 Months late & is Camera Out of Calibration
Jay Harris
post Sat, 12 Oct 2019 - 17:52
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Hi,

I have today received an NIP for an alleged speeding offence.

The date of the speeding offence was 14/07/19. 61 through a 50 (roadworks). Motorway. Gantry camera. I received the NIP dated 11/10/19, today, 12/10/19.

My question is twofold.

This appears to be worth appealing as it is outside the 14 day window. The address on the NIP is correct, there are no issues with a transfer of ownership as I have owned the car for three years. No issues with a change of address as I have been at the current address for over 12 months. This appears worth contesting.

I received another NIP dated 02/10/19, for the same camera, on the same Gantry, on the same motorway, for the alleged offence of 64 through a 50 (roadworks) on 14/08/19, for which, I have now booked a speed awareness course.

I remember, for both alleged offences, the Gantry speed was 60 as I never exceed the speed limit (I have had a clean license for over 5 years) with all the cameras around these days, yet, the proof on speed website has photos which demonstrate the alleged speed, on both the Gantries, at the time of both offences, was 50 MPH.

The calibration document for the camera in question (which covers both offences) states the following:

Radar Calibration 05/10/18 until 04/10/19.

As both these alleged offences were close to the renewal of the calibration date, is it possible that this camera has slipped out of calibration?

If this camera has been re-calibrated as of 04/10/19 is there a way to obtain, not just the re-calibration certificate, but the differential at the point of calibration, to demonstrate the camera was out of whack as the end of its calibration period (04/10/19)?

I have not had any speeding offences in well over five years and now, ONE camera on the motorway, which I pass regularly and I consistently see flashing away, has caught me twice in two months, a short time before it is due to be re-calibrated.

1. Is the latest alleged offence arguable on the basis that it is out of time (14 windows)?
2. Am I able to obtain the new calibration data and the differential data (was it off when they re-calibrated on 104/10/19) from the previous to the new calibration, as this camera appears to be out of calibration at the end of it's calibration period?

This feels off and smells off.

Interested to hear peoples' thoughts on this.

Thank you for your time.
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NewJudge
post Sun, 13 Oct 2019 - 14:25
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QUOTE (Jay Harris @ Sat, 12 Oct 2019 - 18:52) *
As both these alleged offences were close to the renewal of the calibration date, is it possible that this camera has slipped out of calibration?


Why would the device "slip out of calibration"? If you want to show it is inaccurate and so cannot be relied upon the burden rests with you to do so. An expired calibration certificate is unlikely to assist you with that.

Your strongest hope of avoiding a penalty is the late NIP, but as mentioned, you need to be sure of your ground before going down that road.
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