[NIP Wizard] 52 MPH in 30. Leighton Street, Bedfordshire, Threads merged |
[NIP Wizard] 52 MPH in 30. Leighton Street, Bedfordshire, Threads merged |
Wed, 8 May 2019 - 10:04
Post
#1
|
|
Member Group: Members Posts: 83 Joined: 4 Sep 2012 Member No.: 56,964 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - April 2019 Date of the NIP: - 3 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): - Leighton Street, South West of jct with Timber Ln, Bi-directional, Woburn, Bedfordshire, UNITED KINGDOM Was the NIP addressed to you? - Yes Was the NIP sent by first class post, second class or recorded delivery? - Not known 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 don't recall seeing the camera. However, google maps review indicates it was a very long straight bit of road and night time, so this may have happened. Was driving through from Linslade to Peterborough. 52 mph in 30. 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? - Unsure Do you know who was driving? - Yes NIP Wizard Recommendation Based on these responses the Wizard suggested that this course of action should be considered:
Generated by the PePiPoo NIP Wizard v3.3.2: Wed, 08 May 2019 10:04:04 +0000 I am thinking about requesting for some evidence before providing the driver details. Is this reasonable? Is there also anything way this ticket can be avoided, or voided? This post has been edited by imkaz: Wed, 8 May 2019 - 10:08 |
|
|
Advertisement |
Wed, 8 May 2019 - 10:04
Post
#
|
Advertise here! |
|
|
|
Sun, 1 Sep 2019 - 21:56
Post
#21
|
|
Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
What should I do? If you believe you are guilty you should plead guilty Is there a benefit to pleading guilty in court rather than via the post/online? No Also could I plead guilty to a lower speed of 50mph to reduce the penalty? No. If you contest the speed alleged you must plead guilty but say you disagree with the speed alleged. The court will decide whether to hold a hearing to establish which version of events is accepted. You will need to provide evidence why the speed you think you were doing should be accepted. Is there also a list valid mitigating circumstances that are allowed to be submitted, if plead guilty? Mitigation is circumstances which makes the offence less serious. What do you suggest does so? |
|
|
Sun, 1 Sep 2019 - 22:08
Post
#22
|
||||
Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
If you believe you are guilty you should plead guilty Noting the weaselly "should", is that just an opinion? -------------------- Regards,
Fredd __________________________________________________________________________
|
|||
|
||||
Sun, 1 Sep 2019 - 22:57
Post
#23
|
|
Member Group: Members Posts: 83 Joined: 4 Sep 2012 Member No.: 56,964 |
For the online vs in court guilty plea I think can include differences in time scales before recieving the penalty ie. a court hearing might take longer than using the SJPN process. Also the penalty may be reduced by appearing in person, taking it more seriously and showing remorse, rather than filling in a form and waiting.
On mitigation, as in opposite to aggrivating circumstances, what I can think of are; no traffic on road, good weather conditions, clean license and no passengers. I would like to know if there is a full list of suitable mitigating factors so that I can include any that are applicable to the circumstances. In terms of if I think I'm guilty, I think its likely considering the circumstances. Also evidence for the not guilty plea could be the calibration status and error on the camera device, and therefore can bring doubt to what the actual speed was as opposed to the measured amount. |
|
|
Mon, 2 Sep 2019 - 05:58
Post
#24
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
An absence of aggravating circumstances isn’t mitigation. If the Police mention aggravating circumstances that were not there then that’s worth mentioning.
A court also may take the view that you’ve wasted their time with a hearing if you really do little more than stand there looking smart...... unless there is real mitigation to present I’d suggest it will be a waste of your time as well. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Mon, 2 Sep 2019 - 07:50
Post
#25
|
|
Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
Having a clean licence is not mitigation, it just means you haven't been caught in the last few years. I doubt anything you could say will make the slightest difference the outcome, you will be sentenced by the book.
|
|
|
Mon, 2 Sep 2019 - 09:31
Post
#26
|
|
Member Group: Members Posts: 11 Joined: 2 Jun 2008 Member No.: 20,020 |
"...There is a single terminal sign here but repeaters would be required... Worth checking out the TRO with the council too."
I thought the requirement for repeater signs had been removed recently by some new legislation? Something to do with tidying up the country's roads from perceived 'unnecessary' signage? This post has been edited by gp3000000: Mon, 2 Sep 2019 - 09:32 |
|
|
Mon, 2 Sep 2019 - 09:36
Post
#27
|
|
Member Group: Members Posts: 622 Joined: 20 Oct 2007 Member No.: 14,668 |
|
|
|
Mon, 2 Sep 2019 - 09:53
Post
#28
|
|
Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
"...There is a single terminal sign here but repeaters would be required... Worth checking out the TRO with the council too." I thought the requirement for repeater signs had been removed recently by some new legislation? Something to do with tidying up the country's roads from perceived 'unnecessary' signage? Repeaters are still required but their spacing is now less specific. No repeaters are required or indeed allowed in a 30mph limit if there are lamp posts at less than 200yards spacing, but that road has no lamp posts. -------------------- |
|
|
Mon, 2 Sep 2019 - 11:11
Post
#29
|
|
Member Group: Members Posts: 938 Joined: 24 Sep 2014 Member No.: 73,212 |
There is a single terminal sign here but repeaters would be required... Worth checking out the TRO with the council too. That is a repeater, the terminal signs are here That's not a repeater, per se. It's an advisory sign indicating the possibility of speed cameras and a reminder of the limit. It's perhaps worth noting there is a 40mph limit before reaching the 30 terminal sign a fact that may be well known to local magistrates.. |
|
|
Mon, 2 Sep 2019 - 14:25
Post
#30
|
|
Member Group: Members Posts: 83 Joined: 4 Sep 2012 Member No.: 56,964 |
The charge sheet does note there are 30mph and 40mph speed limits. I cant recall seeing any speed limit signs, does the status of the signage or repeater make much of a difference to my case?
Question I have, because I am going away for the most of September and plan to drive from the airport. Is there a chance that by going through the Single Justice Procedure, could I end being banned and unable to drive before I return from to the country? Would pleading guilty in person delay the sentencing more than pleading guilty online? |
|
|
Mon, 2 Sep 2019 - 15:33
Post
#31
|
|
Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
The charge sheet does note there are 30mph and 40mph speed limits. I cant recall seeing any speed limit signs, does the status of the signage or repeater make much of a difference to my case? Question I have, because I am going away for the most of September and plan to drive from the airport. Is there a chance that by going through the Single Justice Procedure, could I end being banned and unable to drive before I return from to the country? Would pleading guilty in person delay the sentencing more than pleading guilty online? You will not be banned by the single justice, if he thinks it should be considered your case will go to a full court and you will be asked to attend. You will not be banned without a chance to appear in person at court. -------------------- |
|
|
Mon, 2 Sep 2019 - 15:49
Post
#32
|
|
Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
There is a single terminal sign here but repeaters would be required... Worth checking out the TRO with the council too. That is a repeater, the terminal signs are here Thanks - pretty clear terminals! That's not a repeater, per se. It's an advisory sign indicating the possibility of speed cameras and a reminder of the limit. There's also a roundel - it seems the limit was sufficiently conveyed... Would pleading guilty in person delay the sentencing more than pleading guilty online? If pleading guilty in person you'll be immediately sentenced. (You can't attend a SJPN so can use the postal plea or simply ask for the matter to be heard in the usual manner for which you'll be given a date) -------------------- 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. |
|
|
Mon, 9 Sep 2019 - 03:48
Post
#33
|
|
Member Group: Members Posts: 83 Joined: 4 Sep 2012 Member No.: 56,964 |
If I get a driving ban for a period of time, will I have 0 points on the license and be able to get 12 points before totting up occuring?
I am trying to understand if a driving ban for a period of time is better than points, should another offence occur, which could be the case. |
|
|
Mon, 9 Sep 2019 - 06:07
Post
#34
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
A ban of over 56 days would clear your points, but that’s not going to happen for 52/30. Besides insurers will load a ban higher as it usually represents a more serious offence.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Mon, 9 Sep 2019 - 07:51
Post
#35
|
|
Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
|
|
|
Mon, 9 Sep 2019 - 08:58
Post
#36
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
A ban of over 56 days would clear your points,... Are you sure about that (leaving aside that it won't happen)? He’d better not be. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
|
|
Fri, 27 Sep 2019 - 08:24
Post
#37
|
|
Member Group: Members Posts: 83 Joined: 4 Sep 2012 Member No.: 56,964 |
Update: Guilt was admitted online as I was out of the country. Received 6 points on the license and a fine.
|
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 05:41 |