Printable Version of Topic

Click here to view this topic in its original format

FightBack Forums _ Speeding and other Criminal Offences _ NIP Recieved

Posted by: widget123 Wed, 6 Dec 2017 - 12:36
Post #1337514

Hi,

I've had an NIP this morning - its for a 38 in a 30. The NIP is accurate insomuch as the Name, Address, Location and Date of alleged offence are all correct.

I was driving my two year old to a swimming lesson at 10ish in the morning. The hand held camera operator was by themselves, in a small hi-viz, hidden round a corner where the speed reduced from 50 to 30 (dual carriage way to housing estate). I was decelerating too slowly and he must have caught me before I'd managed to get down to 30.

They have claimed there is photo/video of the alleged offence but not included it. Is it worth asking for it before filling out the NIP and sending it off?

The NIP is a "Excess 30 MPH - Manned Camera & Local Order" one from Cheshire Constabulary.

Many thanks for any advice.

W.


Posted by: cp8759 Wed, 6 Dec 2017 - 12:46
Post #1337518

You can ask for a photo, they normally provide it although technically they don't have to. It is irrelevant whether the operator was hidden behind a corner. Whether they send you a photo or not, you must reply to the NIP within 28 days. You do not appear to have a defence but for that speed you might be eligible for a speed awareness course.

Posted by: Logician Wed, 6 Dec 2017 - 12:58
Post #1337523

There really seems little point in asking for the photo, you know you were there and how it happened, you are within the parameter for a course, I would just reply nominating yourself.

Posted by: widget123 Thu, 7 Dec 2017 - 10:11
Post #1337745

Thank you. I'll just fill in the form and send it off and hope I get a course offer as an alternative to points. It's all a bit annoying as I've driven 10k this year and picked up this ticket 2 miles from home on the way to a water babies class! As much as getting the "proof" would be interesting if the police don't even "technically" need it then there is very little point as you say - I've always assumed that anything that has a large impact such as a possible court summons would require a bit more than the say so of a single police officer but then again I suppose very little surprises me these days.

Thanks for your support.

W.

Posted by: The Rookie Thu, 7 Dec 2017 - 11:13
Post #1337754

The officer is a witness, like any other he can give evidence of a crime, he also has his opinion you were committing a criminal offence backed up by the reading from what is almost certainly an approved device that is deemed accurate unless proven otherwise. How much more evidence do you think should be needed, its the way people have been caught speeding (pretty much) for 100 years.

Posted by: NewJudge Thu, 7 Dec 2017 - 11:18
Post #1337755

QUOTE (widget123 @ Thu, 7 Dec 2017 - 10:11) *
I've always assumed that anything that has a large impact such as a possible court summons would require a bit more than the say so of a single police officer but then again I suppose very little surprises me these days.

It does require a little more than his "say so". It normally requires him to produce evidence that he measured your speed using an approved device operated in the recommended manner. He will do so if you take the matter to court and the onus will be on you to demonstrate that there was some sort of deficiency in that process. The photograph which you mention is simply to identify the vehicle.

Posted by: Logician Thu, 7 Dec 2017 - 11:46
Post #1337760

QUOTE (widget123 @ Thu, 7 Dec 2017 - 10:11) *
I've always assumed that anything that has a large impact such as a possible court summons would require a bit more than the say so of a single police officer but then again I suppose very little surprises me these days. Thanks for your support. W.


The thing is that courses and fixed penalty tickets are offered and those who accept they were guilty of speeding can simply take them up and save themselves and the authorities the trouble of going through the court process. Those who do not accept they are guilty are fully entitled to require the prosecution to prove their case beyond reasonable doubt and that can involve a statement from the police officer that his opinion of speeding was confirmed by his trained operation of a Home Office approved device, proof that the road was subject to a 30mph speed limit and so on. The fine will be based on income and there will be costs to pay with a guideline figure of £620, it is up to the driver which route they want to go down.


Powered by Invision Power Board (http://www.invisionboard.com)
© Invision Power Services (http://www.invisionpower.com)