PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

NIP Recieved
widget123
post Wed, 6 Dec 2017 - 12:36
Post #1


Member


Group: Members
Posts: 27
Joined: 22 Feb 2014
Member No.: 68,937



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.

Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 6)
Advertisement
post Wed, 6 Dec 2017 - 12:36
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Wed, 6 Dec 2017 - 12:46
Post #2


Member


Group: Members
Posts: 2,305
Joined: 3 Dec 2010
Member No.: 42,618



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.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Go to the top of the page
 
+Quote Post
Logician
post Wed, 6 Dec 2017 - 12:58
Post #3


Member


Group: Members
Posts: 11,199
Joined: 28 Mar 2010
Member No.: 36,528



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.


--------------------



Go to the top of the page
 
+Quote Post
widget123
post Thu, 7 Dec 2017 - 10:11
Post #4


Member


Group: Members
Posts: 27
Joined: 22 Feb 2014
Member No.: 68,937



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.
Go to the top of the page
 
+Quote Post
The Rookie
post Thu, 7 Dec 2017 - 11:13
Post #5


Member


Group: Members
Posts: 38,363
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



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.


--------------------
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 8-0 PPC's
Go to the top of the page
 
+Quote Post
NewJudge
post Thu, 7 Dec 2017 - 11:18
Post #6


Member


Group: Members
Posts: 1,330
Joined: 29 Oct 2008
Member No.: 23,623



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.
Go to the top of the page
 
+Quote Post
Logician
post Thu, 7 Dec 2017 - 11:46
Post #7


Member


Group: Members
Posts: 11,199
Joined: 28 Mar 2010
Member No.: 36,528



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.



--------------------



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: Wednesday, 23rd May 2018 - 10:49
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.