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NIP for 73mph in a company van "speed limited" to 70mph?
Stormofyou
post Fri, 8 Feb 2019 - 18:00
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I have a company van, just came off the motorway doing 70, speed limit became 50 as it was now single carriageway, slowing down gradually as I came round the bend and there was the speed van. Now I had a feeling I'd been caught at the time, but I was VERY surprised to see it says I was doing 73mph... In a van with a speed limiter set at 70mph, and I wasn't even maxed out (I had let off the accelerator and was slowing). I had expected to be within the awareness course bracket although I don't know the exact speed I was doing.

Is it even worth fighting? If I get an offer of 3pts and £100 it may well be just worth taking it on the chin but I'm sure I wasn't going that fast sad.gif. Any advice appreciated.
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post Fri, 8 Feb 2019 - 18:00
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peterguk
post Fri, 8 Feb 2019 - 18:06
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QUOTE (Stormofyou @ Fri, 8 Feb 2019 - 18:00) *
Is it even worth fighting?

Not without evidence you were't exceeding the limit. If offered a CoFP, take it.


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Jlc
post Fri, 8 Feb 2019 - 20:05
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Initially ask for a photo to assist in the driver identification. They should provide a snap but don't have to.

The driver identity has to be supplied regardless.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Sat, 9 Feb 2019 - 03:25
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Having had experience of speed limiters in the past from the engineering side
1/ Many '70mph' limiters are actually set to 120kph (75mph) as the software is common pan europe and only certain kph values can be set.
2/ Won't stop you exceeding the limit on downhills anyway
3/ Some are 'soft cut' so if you accelerate hard onto it you'll exceed the limit for a short period anyway.

As above, if you were over the limit and get offered a fixed penalty then the punishment offered would be the same as exceeding 64mph anyway.....


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Stormofyou
post Wed, 20 Feb 2019 - 18:46
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Slight update. The NIP arrived at my address (previous to this I'd only had an email scan from the fleet department at work). It says 73mph in a 60mph zone so that works in my favour. May now get an offer of a speed awareness course. However I did go on one 7th March 2016... The current offence is over 3 years since the last offence but the course I took is less than 3 years. When does the count down start? Is there any advantage to me delaying my reply as long as I can? Thanks in advance

NIP is dated 15th Feb.
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NewJudge
post Wed, 20 Feb 2019 - 19:02
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QUOTE (Stormofyou @ Wed, 20 Feb 2019 - 18:46) *
... The current offence is over 3 years since the last offence but the course I took is less than 3 years. When does the count down start? Is there any advantage to me delaying my reply as long as I can? Thanks in advance


It's the date of the offences that are used for the calculation. If the earlier offence was more than three years prior to this one you should be offered a course. No point in delaying your response.
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Fredd
post Wed, 20 Feb 2019 - 19:17
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QUOTE (Stormofyou @ Wed, 20 Feb 2019 - 18:46) *
It says 73mph in a 60mph zone so that works in my favour.

If it was a single carriageway and your van isn't a car-derived one then your limit was 50mph, regardless of whether it's a "60mph zone" for cars.


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Slapdash
post Wed, 20 Feb 2019 - 19:28
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If a course isn't offered and you believe it is more than 3 years offence to offence it is worth calling and querying why there is no offer.

There have been reports of errors being made and a course then being offered when queried.
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Stormofyou
post Wed, 20 Feb 2019 - 21:37
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QUOTE (Fredd @ Wed, 20 Feb 2019 - 19:17) *
QUOTE (Stormofyou @ Wed, 20 Feb 2019 - 18:46) *
It says 73mph in a 60mph zone so that works in my favour.

If it was a single carriageway and your van isn't a car-derived one then your limit was 50mph, regardless of whether it's a "60mph zone" for cars.

I know it "should" be 50mph but the specific wording is:

...for the alleged offence of Exceed 60mph on Single Carriageway with a recorded speed of 73mph

Which I would take to be their error? (aside from the poor grammar).

QUOTE (NewJudge @ Wed, 20 Feb 2019 - 19:02) *
QUOTE (Stormofyou @ Wed, 20 Feb 2019 - 18:46) *
... The current offence is over 3 years since the last offence but the course I took is less than 3 years. When does the count down start? Is there any advantage to me delaying my reply as long as I can? Thanks in advance


It's the date of the offences that are used for the calculation. If the earlier offence was more than three years prior to this one you should be offered a course. No point in delaying your response.



QUOTE (Slapdash @ Wed, 20 Feb 2019 - 19:28) *
If a course isn't offered and you believe it is more than 3 years offence to offence it is worth calling and querying why there is no offer.

There have been reports of errors being made and a course then being offered when queried.

Thank you both. I'll get it sent back ASAP then.
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