Speeding nip returned but now received reminder |
Speeding nip returned but now received reminder |
Fri, 16 Aug 2019 - 23:31
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#1
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New Member Group: Members Posts: 4 Joined: 12 Jul 2019 Member No.: 104,753 |
Hello,
My wife has received a NIP, for an offence on 30th June 2019, allegedly doing 37 in a 30 zone on Peel way in Bury. This is a trip she takes regularly, and knows the speed camera is there, and doesn't believe she was speeding. When we have looked on the public access system, the photos just show the car on the road, with no speed indication. The supposed calibration certificates are supposed to be viewable on the site, but it is just a blank page, so we have no real evidence to show she was speeding at all. Neverthelss, we received the nip on 3rd July, and returned the form by recorded delivery, which shows it was delivered on the 30th July, just within the 28 days. Now however, today 16th August, she has received a final request for information, even though we can prove it was received by them already, which means my wife will now lose the chance to do a course through no fault of her own. Any advice would be gratefully appreciated. |
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Fri, 16 Aug 2019 - 23:31
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Sat, 17 Aug 2019 - 00:19
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#2
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
On the first s172 nomination, did your wife write anything that could make the nomination equivocal? Or did she just name herself? Were all the necessary details (date of birth, DL number etc..) provided? Was the form signed? Was it actually addressed to your wife (i.e. is she the registered keeper)?
Calibration certificates are not required at all so that's not an angle worth pursuing. -------------------- 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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Sat, 17 Aug 2019 - 00:57
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#3
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New Member Group: Members Posts: 4 Joined: 12 Jul 2019 Member No.: 104,753 |
Yes she named herself as driver, and completed all the details
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Sat, 17 Aug 2019 - 06:24
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#4
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Why will she lose the chance of a course?
-------------------- 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 10-0 PPC's |
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Sat, 17 Aug 2019 - 08:54
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#5
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New Member Group: Members Posts: 4 Joined: 12 Jul 2019 Member No.: 104,753 |
Because to qualify for a course, you have to name the driver within 28 days. Although she has done that, they are claiming not to have received it yet.
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Sat, 17 Aug 2019 - 09:01
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#6
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The course usually has to be completed within 4 months of the offence itself - there should be plenty of time to clear up the driver nomination confusion.
It's most likely a crossing in the post and an automated letter... Notwithstanding there's no right to a course. so we have no real evidence to show she was speeding at all. In hindsight photo's should have been requested to assist in the driver identification. They will usually supply. It appears to be Gatso's here so the secondary check could be confirmed. There is no entitlement to 'evidence' at this stage. The course/fixed penalty is for those who want to dispose of the matter without a prosecution but if they are rejected then they are lost and normal court sentencing applies. If one was to go to trial and lose then a bill over £1,000 would not be unusual. The evidence they intend to prosecute with can be examined but even going guilty will be far more costly. (33% weekly earnings, £85 costs, surcharge of at least £30) This post has been edited by Jlc: Sat, 17 Aug 2019 - 08:57 -------------------- 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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