[NIP Wizard] NIP - Average Speed Check Area Options

[dramallama]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2018
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - At M25/M3 Inter, Chertsey to Basingstoke slip and M3
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 - I have received a NIP stating I did 61mph in a 50mph average speed area. I don't recall the 50mph speed limit on this stretch of the motorway. It's definitely my car, however there's no apparent proof showing the 50mph was in-force.

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: Mon, 09 Apr 2018 17:02:28 +0000

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[666]

They do not have to provide evidence unless and until you have opted for court and plead not guilty.

All you have to do at this stage is meme the driver.

[Ocelot]

You may be able to get some photos if you ask for them. Since it comes from an average speed camera, there should be some available.

If the photos show you to be speeding, and you haven't done a speed awareness course in the last 3 years you should be eligible for one (no points but a fee payable).

If you don't ask for or receive any, you won't be eligible for further proof, as such, unless you opt for Court and plead NG. This would seem overkill.

[The Rookie]

If it’s an average system it will be there for a while, what sort of proof do you want, I’m sure they will have sufficient evidence to convict you if you want to try a not guilty plea.

[dramallama]

Thanks all - my only concern was that I know the speed limit kept varying. I have been on a SAC but think that was longer than 3 years ago.

[Ocelot]

They may send you the photos if you request them.

[I am Weasel]

There has been a 50mph limit on that junction for years

[BaggieBoy]

There has been a 50mph limit on that junction for years

The limit in place if you leave the M25 to go southbound on the M3, it starts on the slip roads and is permanently signed. It is also in force on the M3 southbound from just before the M25. As was said it has been there for years but was temporarily merged with the roadworks average speed check until last year when it became standalone again.

]I have received a NIP stating I did 61mph in a 50mph average speed area. I don't recall the 50mph speed limit on this stretch of the motorway. It's definitely my car, however there's no apparent proof showing the 50mph was in-force.

As it is permanently signed, it's always in force so no proof needed.

Here is the signage coming from the M25 c/w to the M3 s/b.

https://www.google.co.uk/maps/@51.3994498,-...33;8i6656?hl=en