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[NIP Wizard] NIP received - 79mph in 70 limit
Syndicate451
post Fri, 8 Feb 2019 - 13:00
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2019
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A1(M) near Ingmanthorpe
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 tend to do multiple South of England -> North of Scotland road trips per year and reached the conclusion 82mph on the cruise control was the level at which the Police wouldn't pursue (i.e. I believed this was 78mph true speed). Turns out that was wrong - NIP states speed of 79mph. I recall seeing the camera and am aware that by then it would have been too late to take any action anyway.

Only question I have, is it likely a SAC will be offered? I have never before received an NIP / had Points / attended a course, so this is new territory for me.


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: Fri, 08 Feb 2019 13:00:06 +0000

This post has been edited by Syndicate451: Fri, 8 Feb 2019 - 13:01
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post Fri, 8 Feb 2019 - 13:00
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peterguk
post Fri, 8 Feb 2019 - 13:01
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SAC should result,

Enforcement normally starts at 110% + 2mph.

This post has been edited by peterguk: Fri, 8 Feb 2019 - 13:02


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Syndicate451
post Fri, 8 Feb 2019 - 13:05
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Much obliged. As such I'm inclined to complete the S172 sooner rather than later to minimise the (presumably low) risk of something stopping said SAC.
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Darkatmosphere
post Fri, 8 Feb 2019 - 13:05
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QUOTE (peterguk @ Fri, 8 Feb 2019 - 13:01) *
SAC should result,

Enforcement normally starts at 110% + 2mph.

110%? Is that not 10%+2MPH


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There are a lot of laws in this country, but there isn't any justice.
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peterguk
post Fri, 8 Feb 2019 - 13:06
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QUOTE (Syndicate451 @ Fri, 8 Feb 2019 - 13:05) *
Much obliged. As such I'm inclined to complete the S172 sooner rather than later to minimise the (presumably low) risk of something stopping said SAC.

There is no advantage to holding back your reply.


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Jlc
post Fri, 8 Feb 2019 - 13:20
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QUOTE (Darkatmosphere @ Fri, 8 Feb 2019 - 13:05) *
QUOTE (peterguk @ Fri, 8 Feb 2019 - 13:01) *
SAC should result,

Enforcement normally starts at 110% + 2mph.

110%? Is that not 10%+2MPH

Oh no, the dreaded maths discussion again!

110%+2mph is correct. (110% of 70 is 77, 77+2=79)

10% of 70 is 7.

QUOTE (Syndicate451 @ Fri, 8 Feb 2019 - 13:00) *
...reached the conclusion 82mph on the cruise control was the level at which the Police wouldn't pursue (i.e. I believed this was 78mph true speed). Turns out that was wrong - NIP states speed of 79mph.

An indicated 82 is pushing it, but the threshold is not in addition to the actual speed limit.

This post has been edited by Jlc: Fri, 8 Feb 2019 - 13:20


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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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Darkatmosphere
post Fri, 8 Feb 2019 - 13:40
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QUOTE (Jlc @ Fri, 8 Feb 2019 - 13:20) *
QUOTE (Darkatmosphere @ Fri, 8 Feb 2019 - 13:05) *
QUOTE (peterguk @ Fri, 8 Feb 2019 - 13:01) *
SAC should result,

Enforcement normally starts at 110% + 2mph.

110%? Is that not 10%+2MPH

Oh no, the dreaded maths discussion again!

110%+2mph is correct. (110% of 70 is 77, 77+2=79)

10% of 70 is 7.

QUOTE (Syndicate451 @ Fri, 8 Feb 2019 - 13:00) *
...reached the conclusion 82mph on the cruise control was the level at which the Police wouldn't pursue (i.e. I believed this was 78mph true speed). Turns out that was wrong - NIP states speed of 79mph.

An indicated 82 is pushing it, but the threshold is not in addition to the actual speed limit.

Why thankyou good man, Having dyscalculia often confuses me on the best of mathematics.


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There are a lot of laws in this country, but there isn't any justice.
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The Slithy Tove
post Sat, 9 Feb 2019 - 10:47
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QUOTE (Jlc @ Fri, 8 Feb 2019 - 13:20) *
Oh no, the dreaded maths discussion again!

110%+2mph is correct. (110% of 70 is 77, 77+2=79)

10% of 70 is 7.

It's really just a matter of interpretation.
The speed at which enforcement starts is 110% + 2, i.e. 79 in a 70
The excess above the limit at which enforcement starts is 10% + 2, i.e. an excess of 9 in a 70.

This post has been edited by The Slithy Tove: Sat, 9 Feb 2019 - 10:51
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LaughingLeaf
post Sat, 9 Feb 2019 - 18:44
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QUOTE (Darkatmosphere @ Fri, 8 Feb 2019 - 13:40) *
QUOTE (Jlc @ Fri, 8 Feb 2019 - 13:20) *
QUOTE (Darkatmosphere @ Fri, 8 Feb 2019 - 13:05) *
QUOTE (peterguk @ Fri, 8 Feb 2019 - 13:01) *
SAC should result,

Enforcement normally starts at 110% + 2mph.

110%? Is that not 10%+2MPH

Oh no, the dreaded maths discussion again!

110%+2mph is correct. (110% of 70 is 77, 77+2=79)

10% of 70 is 7.

QUOTE (Syndicate451 @ Fri, 8 Feb 2019 - 13:00) *
...reached the conclusion 82mph on the cruise control was the level at which the Police wouldn't pursue (i.e. I believed this was 78mph true speed). Turns out that was wrong - NIP states speed of 79mph.

An indicated 82 is pushing it, but the threshold is not in addition to the actual speed limit.

Why thankyou good man, Having dyscalculia often confuses me on the best of mathematics.


Presumably your dyscalculia doesn't prevent you from realising that 82 (or even 79) is more than 70. So why set your cruise control at that level?
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Jlc
post Sat, 9 Feb 2019 - 19:17
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QUOTE (LaughingLeaf @ Sat, 9 Feb 2019 - 18:44) *
Presumably your dyscalculia doesn't prevent you from realising that 82 (or even 79) is more than 70. So why set your cruise control at that level?

Wrong poster.


--------------------
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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andy_foster
post Sat, 9 Feb 2019 - 20:03
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QUOTE (LaughingLeaf @ Sat, 9 Feb 2019 - 18:44) *
Presumably your dyscalculia doesn't prevent you from realising that 82 (or even 79) is more than 70. So why set your cruise control at that level?


As you hijacked a thread to ask the wrong person the wrong question, hopefully you won't mind me answering yours.

We are here to offer constructive advice to motorists facing legal problems, not to sit in judgment of them. That is one of this site's most fundamental rules.
If you were to employ basic reading and comprehension skills, you would be aware that the OP had set his cruise control at that speed in the belief that he world be safe from prosecution as his actual speed would be just within the ACPO guidelines.

The problem with pushing the envelope (other than receiving sanctimonious replies) is that you have little or no safety margin for any of the numerous factors that cold feasibly result in the recorded speed being at or above the enforcement threshold.


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Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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southpaw82
post Sat, 9 Feb 2019 - 20:27
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QUOTE (LaughingLeaf @ Sat, 9 Feb 2019 - 18:44) *
Presumably your dyscalculia doesn't prevent you from realising that 82 (or even 79) is more than 70. So why set your cruise control at that level?

Enjoy your time away from here.


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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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Mayhem007
post Sun, 10 Feb 2019 - 09:50
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FTA of the OP
I don't know if you have the same facility on your car as my Skoda.


I have affectively 2 options to view on the dashboard screen, both collect real time data for time and distance, which can be reset. I leave the first option continuous until the end of my journey.

The other option I regularly reset the recorded readings back to zero, when I put my cruise control on. The average speed then comes up after approximately 300 hundred yards of resetting. If it reads 79mph hour I'll reduce the speed to 77mph. I do this regularly to match the 10% above any speed limit. I regularly travel between perth-Dundee-Aberdeen, pretty much of all those sections of my travel are average speed cameras. Never had a ticket.
Also, use this determine how far my speedo overreads at any given speed. I found that the speedo overreads by 3mph at 79mph, and thus was my reason for using the above method.


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