[NIP Wizard] 50 in an (allegedly) 40 - variable speed limit Options

[ayemase99]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2021
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M25 anti-clockwise, Swanley_4116B
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? - N/A
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 - Variable speed limit due to upcoming traffic
I am roughly 75% the Gantry before the speed camera advertised a 50mph speed limit. Im very familar with area and know there is a camera there, honestly belived i was dong the limit so i was very shocked to get flashed. I would like to think (desperately hope) that the camera was set to the limit shown ahead or after the camera or that it was last miniute change . (the gantries further ahead, after the camera, did display a 40 mph limit )

There was a queue shortly after the camera for the exit so i was in the vicinity for a while and did see several people (at least 5-6 ) get flashed by the camera in the space of 10 minutes which also makes me hope that there was some sort of mistake.


Unfortunately in the images on the online NIP it says the the limit had been enforced for 2 hours before my offence additionaly they have pictures of the gantries displaying 40mph limit but i strongly supsct that this was the gantry after the camera and not the gantry before which i honestly believe showed 50mph limit.

Should i just accept the loss and pay the fine or should i attempt an appeal? Any advice appreciated, Thanks in advance

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: Mon, 29 Nov 2021 18:53:17 +0000

[Advertisement]

[Jlc]

Unfortunately in the images on the online NIP it says the the limit had been enforced for 2 hours before my offence additionaly they have pictures of the gantries displaying 40mph limit but i strongly supsct that this was the gantry after the camera and not the gantry before which i honestly believe showed 50mph limit.

Then you suspect wrong. HADECS3 takes an auxiliary shot of the sign being enforced, with your car just past it.

[The Rookie]

HADECS3 uses two cameras, one photos you at close range as you go past the gantry, the other further back up the road shows the gantry and the displayed limit proving the limit you were breaking.

[ayemase99]

HADECS3 uses two cameras, one photos you at close range as you go past the gantry, the other further back up the road shows the gantry and the displayed limit proving the limit you were breaking.

Ahh okay, Many thanks for clarification.

Let me go and face the music as it were *heavy sigh*