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[NIP Wizard] NIP: Travelling in the opposite sirection
Ozymandius
post Wed, 25 Jul 2018 - 09:22
Post #1


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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2018
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M6 (NB-ATM) between junctions 7 & 8(NB)
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 don't recall being in a 60 variable zone. I'm very surprised to be clocked doing 75, although that would have been far more likely if I was in an NSL on the M6. The query I have is that I was heading home, from Liverpool, i.e. heading South, junction 8-7.
Is this the fact that the camera was facing North, or have I been picked up in error?


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: Wed, 25 Jul 2018 09:22:28 +0000
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post Wed, 25 Jul 2018 - 09:22
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Ozymandius
post Fri, 17 Aug 2018 - 17:40
Post #21


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QUOTE (southpaw82 @ Fri, 17 Aug 2018 - 18:35) *
QUOTE (Ozymandius @ Fri, 17 Aug 2018 - 18:15) *
QUOTE (southpaw82 @ Fri, 17 Aug 2018 - 18:02) *
QUOTE (Ozymandius @ Fri, 17 Aug 2018 - 17:51) *
Well you could just say 'We caught you speeding and here's the photo'

And if there is no photo?


Then what evidence do they have that you were speeding?

C

The evidence of a witness who observed your vehicle speeding and used an approved device (such as a ProLaser) and report on the reading obtained by that device in their evidence.

As above, but the witness used their in car speedometer.

As above, but the witness used a VASCAR device.

Or, in fact, any offence where a photo isn’t taken (since we’re not just talking about speeding offences).


Good with any of those. That would, however, be the word of one *person* against another. But it's a fair point.

C
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Jlc
post Fri, 17 Aug 2018 - 17:42
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But that person would be sufficient.

However, there’s likely to be a video stream of the enforcement session, they just don’t have to show it now.

This post has been edited by Jlc: Fri, 17 Aug 2018 - 17:42


--------------------
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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Ozymandius
post Fri, 17 Aug 2018 - 17:44
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QUOTE (Jlc @ Fri, 17 Aug 2018 - 18:42) *
But that person would be sufficient.

However, there’s likely to be a video stream of the enforcement session, they just don’t have to show it now.


Not sure 'My word vs yours' is a great judicial system these days. What happens if it gets to court, and there is no video and it's just one person's word (I assume a police officer?) against the driver?

Just curious

C
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southpaw82
post Fri, 17 Aug 2018 - 17:47
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QUOTE (Ozymandius @ Fri, 17 Aug 2018 - 18:44) *
Not sure 'My word vs yours' is a great judicial system these days. What happens if it gets to court, and there is no video and it's just one person's word (I assume a police officer?) against the driver?

Then the court makes up its own mind as to whether it is sure that the accused is guilty, as in any other offence. Happens all the time.


--------------------
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.
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Ocelot
post Fri, 17 Aug 2018 - 17:48
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In theory, all they need is corroboration (such as a statement that they checked their calibrated speedo), or the opinion of another colleague who was with them at the time. It would be up to you to disprove them.
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Ozymandius
post Fri, 17 Aug 2018 - 17:49
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Thanks everyone smile.gif

C
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Ozymandius
post Sun, 26 Aug 2018 - 07:11
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Hi everyone

Just to finish this off, in response to my request for a photograph, I received a letter stating that there had been an error with the ticket and it had been cancelled.

I rather hope that means I wasn't speeding not just that they made some procedural error, but I wonder what percentage of people would have just paid up....

Thanks for all the useful input.

Cheers

C
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Ocelot
post Sun, 26 Aug 2018 - 10:05
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Sounds like a good result. Thanks for letting us know.
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cp8759
post Sun, 26 Aug 2018 - 11:29
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QUOTE (Ozymandius @ Sun, 26 Aug 2018 - 08:11) *
Hi everyone

Just to finish this off, in response to my request for a photograph, I received a letter stating that there had been an error with the ticket and it had been cancelled.

I rather hope that means I wasn't speeding not just that they made some procedural error, but I wonder what percentage of people would have just paid up....

Thanks for all the useful input.

Cheers

C

You can always write back and ask them why it was cancelled.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Ozymandius
post Sun, 26 Aug 2018 - 11:38
Post #30


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QUOTE (cp8759 @ Sun, 26 Aug 2018 - 12:29) *
QUOTE (Ozymandius @ Sun, 26 Aug 2018 - 08:11) *
Hi everyone

Just to finish this off, in response to my request for a photograph, I received a letter stating that there had been an error with the ticket and it had been cancelled.

I rather hope that means I wasn't speeding not just that they made some procedural error, but I wonder what percentage of people would have just paid up....

Thanks for all the useful input.

Cheers

C

You can always write back and ask them why it was cancelled.


Hmmm, interesting idea. I might just do that, thanks

C
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