PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

[NIP Wizard] Any advice greatly appreciated
Stokie101
post Sat, 23 Feb 2019 - 13:47
Post #1


New Member


Group: Members
Posts: 3
Joined: 21 Feb 2019
Member No.: 102,561



NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2019
Date of the NIP: - 5 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): - A50 near Uttoxeter between A522 overbridge and SOS telephone 1177B(1116) 70mph, UNITED KINGDOM
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 - Mobile camera van spotted on bridge above dual carriageway as i came over crest of a hill about 1Km away, attempted to slow down. I was travelling in the outside lane, i noted the road had less traffic than usual for the time and day

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: Sat, 23 Feb 2019 13:39:30 +0000

Also, Staffordshire police have a online portal to view evidence i.e. photos and calibration cert, however the log on is worded in a way which makes me think i will incriminate myself;

"This site monitors and records access and attempted access by logging your IP Address, Host Name, Date and Time, and Pages visited. It also records your responses entered in input fields, buttons and other controls. Your computer's IP address is: xxxxxx

Please select one of the following options to indicate whether you are the alleged offender or your relationship to the alleged offender:
Owner/Keeper/Hirer Driver Other

Before you can proceed to log on you must click on the following check box to acknowledge that you have read and accept the terms & conditions of access:
I have read and understand the Terms & Conditions (Opened in a new Window)"
[/i]

This post has been edited by Stokie101: Sat, 23 Feb 2019 - 13:48
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 6)
Advertisement
post Sat, 23 Feb 2019 - 13:47
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Sat, 23 Feb 2019 - 13:54
Post #2


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



What's the alleged speed? And do you have a question?

QUOTE (Stokie101 @ Sat, 23 Feb 2019 - 13:47) *
...however the log on is worded in a way which makes me think i will incriminate myself;

You have to do that anyway when returning the s172 nomination...


--------------------
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.
Go to the top of the page
 
+Quote Post
Stokie101
post Sat, 23 Feb 2019 - 13:58
Post #3


New Member


Group: Members
Posts: 3
Joined: 21 Feb 2019
Member No.: 102,561



89 Mph.

Am i likely to incriminate myself by accessing the online portal to view the evidence?

Many thanks

Go to the top of the page
 
+Quote Post
NewJudge
post Sat, 23 Feb 2019 - 14:38
Post #4


Member


Group: Members
Posts: 4,746
Joined: 29 Oct 2008
Member No.: 23,623



QUOTE (Stokie101 @ Sat, 23 Feb 2019 - 13:58) *
Am i likely to incriminate myself by accessing the online portal to view the evidence?

Why should you? To make out the speeding offence the prosecution has to prove that the vehicle was travelling above the prevailing limit and that you were driving it. Accessing an online portal does nothing to support either of those elements. Responding to their question as "driver" would certainly lead them to believe you were the driver but does not provide sufficient evidence to prove that you were.

As has been said, far more akin to "incriminating yourself" is responding to the request for driver's details by naming yourself as the driver. But you have to do that or you commit a more serious offence so accessing the online portal is the least of your worries in that respect.
Go to the top of the page
 
+Quote Post
Jlc
post Sat, 23 Feb 2019 - 16:43
Post #5


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



That excess is a fixed penalty of 3 points £100.

Accessing their site isn’t going to be used against you.

This post has been edited by Jlc: Sat, 23 Feb 2019 - 16:43


--------------------
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.
Go to the top of the page
 
+Quote Post
Stokie101
post Sun, 24 Feb 2019 - 18:40
Post #6


New Member


Group: Members
Posts: 3
Joined: 21 Feb 2019
Member No.: 102,561



After looking at the photo's the distance the measurement was taken at was 640.6m. The capture device used is a LTI ultralyte 100, the device manual states,

"The maximum measurement distance varies with target and environmental conditions.
The absolute maximum is approximately 610 metres." http://www.teletrafficuk.com/pdf/manual-ultralyte-100.pdf

However the calibration certificate is for a LTI ultralyte 1000 which has a range off 1000m


EDIT: The serial number on the NIP is the same as the cal certificate, it then says, to find out more info on this capture device and references the 100.

Would this be sufficient for an appeal?

Should I contact them to confirm which device was used?

Thank you in advance

This post has been edited by Stokie101: Sun, 24 Feb 2019 - 19:09
Go to the top of the page
 
+Quote Post
Jlc
post Sun, 24 Feb 2019 - 20:28
Post #7


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



They don't offer an 'appeal' service. They may confirm the device or not.

You have to name the driver. That excess will see a 3 point £100 fixed penalty offer. I suspect from your post you know you were exceeding 70mph. That fixed penalty is the best you'll get.

Any other challenge is at court. (Where running a defence would see more points and court costs to boot should you lose)

This post has been edited by Jlc: Sun, 24 Feb 2019 - 20:28


--------------------
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.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 16:12
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here