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[NIP Wizard] Should I pay or fight?
M1R2A
post Tue, 23 Jan 2018 - 15:02
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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: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - At M25 Junction 15 to 16, IVER
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 - Road works on M25 at 23:43. I was under the impression they are fixing lights as well as cameras on test. Also sign were not clear but according to the pictures limit was 40 and I was doing 55

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: Tue, 23 Jan 2018 15:02:18 +0000
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post Tue, 23 Jan 2018 - 15:02
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Landshark
post Sat, 17 Feb 2018 - 23:47
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QUOTE (Churchmouse @ Sat, 17 Feb 2018 - 17:02) *
QUOTE (Landshark @ Thu, 15 Feb 2018 - 21:08) *
One speed limit per carriageway.

I’m surprised at the aquittall and guess that the mags weren’t supplied with the right info. You cannot have two limits for the same carriageway.

The new MS4 signals are only to the nearside.

Yes the gantries malfunction (or more likely are not set up properly). The individual lane control relates to the lane closures.

There's always the possibility of human error, no?

--Churchmouse



Limits are generally set automatically by Midas with no human involvement. If a lane closure is set (Red X) then that is manually done by setting the Red X location and lane and the system then sets all the rest of the signals.

The human error could come from the initial set up of the system/gantries.
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Churchmouse
post Sun, 18 Feb 2018 - 10:24
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In the photo above, what is the single speed limit for that carriageway?

--Churchmouse
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Landshark
post Mon, 19 Feb 2018 - 00:03
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QUOTE (Churchmouse @ Sun, 18 Feb 2018 - 10:24) *
In the photo above, what is the single speed limit for that carriageway?

--Churchmouse




50mph as it’s the highest limit showing (although I can’t see it from the photo). The good thing about HADECS3 (if it’s classed as good), is that it takes a picture of the gantry at the same time)
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mazzer
post Mon, 19 Feb 2018 - 11:33
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QUOTE (Landshark @ Mon, 19 Feb 2018 - 00:03) *
QUOTE (Churchmouse @ Sun, 18 Feb 2018 - 10:24) *
In the photo above, what is the single speed limit for that carriageway?

--Churchmouse




50mph as it’s the highest limit showing (although I can’t see it from the photo). The good thing about HADECS3 (if it’s classed as good), is that it takes a picture of the gantry at the same time)


I wonder if the gantry in the photo would have been fixed sooner if it had a HADECS3 fitted to it?
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Churchmouse
post Mon, 19 Feb 2018 - 23:20
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QUOTE (Landshark @ Mon, 19 Feb 2018 - 00:03) *
QUOTE (Churchmouse @ Sun, 18 Feb 2018 - 10:24) *
In the photo above, what is the single speed limit for that carriageway?

50mph as it’s the highest limit showing (although I can’t see it from the photo). The good thing about HADECS3 (if it’s classed as good), is that it takes a picture of the gantry at the same time)

I vote for your reasonable interpretation, but the regulation doesn't seem to agree:

QUOTE
The M25 Motorway (Junctions 7 to 16) (Variable Speed Limits) Regulations 2012
3.—(1) No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.

There is nothing in there to suggest that signs displaying a lower speed do not apply, so if "a speed limit sign" is "passed" at a higher speed, the offence would appear to be complete. Unless there's an exception somewhere else, of course.

--Churchmouse
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