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[NIP Wizard] Speeding Ticket for Distance
Cho
post Mon, 9 Jul 2018 - 20:54
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2018
Date of the NIP: - 11 days after the offence
Date you received the NIP: - 12 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A496, LLANELLYTB, BARMOUTH, GWYNEDD
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
If your are not the Registered Keeper, what is your relationship to the vehicle? - I'm Registered Keeper
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 went with a friend in Barmouth, on motorcycles a friend from the front I behind him. On the road came a policeman and stopped a friend and me, the policeman was alone with his motorcycle, he explained that there was a speeding where the speed should be 30 miles. showed my friend speed gun with 43 miles. then he called a team-mate on the radio in 5 minutes came a partner. he wrote to a friend '' Traffic Offence Report'' Then he start to write out '' Traffic Offence Report for me, arguing that my distance was the same. He did not fix my speed on speed gun. he wrote me the '' Traffic offence REport'' with the same speed. he start to explain that he had a very large experience of 20 years. After receiving NIP i wrote email about my situation.
my case was reviewed and suspended until 15.07.2018 I must choose their terms or elect a court hearing. I know that I did not exceed the speed, can anyone come across this situation, can help me what should I do?


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? - Да

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 09 Jul 2018 20:54:14 +0000
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post Mon, 9 Jul 2018 - 20:54
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Cho
post Tue, 10 Jul 2018 - 13:11
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QUOTE (NewJudge @ Tue, 10 Jul 2018 - 13:58) *
You need to be well aware of what you are risking here.

If you are found guilty you face a fine of a week's net income, a surcharge of 10% of the fine (Minimum £30, Maximum £170), and prosecution costs. These costs will be at least £350 and may be as much as £620. You could be facing a total bill of around £1,000. As well as that, although a short ban is possible, you will have a minimum of four points added to your licence.

The officer will give evidence that he measured your friend's speed using an approved device. He will also give evidence that he saw you travelling at the same or a similar speed. You will have to convince the court that the officer could not be sure of that second fact and that he was so much mistaken that his evidence cannot be relied upon to show that you were travelling above 30mph. If you think that is true (and you can convince a court that it is) then you should plead not guilty. But bear in mind the potential cost to you should you fail.

Out of interest, were you travelling above 30mph at the time?


I do not exceed the limit


can I ask for courses if I have a clean license
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Cho
post Tue, 10 Jul 2018 - 13:29
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QUOTE (thisisntme @ Tue, 10 Jul 2018 - 14:10) *
Might it have been better for the OP had he not stopped with his friend?


biggrin.gif biggrin.gif biggrin.gif I can't left him, but it is try
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peterguk
post Tue, 10 Jul 2018 - 13:36
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QUOTE (Cho @ Tue, 10 Jul 2018 - 14:11) *
can I ask for courses if I have a clean license

You can ask, but SACs are normally offered to 42mph, and you were above that, albeit by only 1mph. If they decline, do not be too disappointed.
Clean DL has nothing to do with SAC qualification.


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notmeatloaf
post Tue, 10 Jul 2018 - 13:37
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Unfortunately the speed is just over the threshold for a course.

Again, for roughly what distance could the police officer see you both? How far into the 30mph limit were you?

The issue you have is that, at that speed differential, you should have been noticeably dropping back. If you actually were 100m - 150m apart and the officer couldn't see you both travelling for a considerable period then it may be possible to convince a court that the officer was mistaken in his belief that you were travelling at the same speed. But so much depends on circumstance, and it remains a high risk option. Not least because if English is your second language it may be prudent to employ a solicitor to cross examine the officer, which you may not be able to recover the full costs for.

As has been said if you are on a bike and someone gets pulled - don't stop unless asked to!


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My username is notmeatloaf because I'm not made of meat loaf. I hope that clarifies things.
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thisisntme
post Tue, 10 Jul 2018 - 15:36
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QUOTE (Cho @ Tue, 10 Jul 2018 - 14:29) *
QUOTE (thisisntme @ Tue, 10 Jul 2018 - 14:10) *
Might it have been better for the OP had he not stopped with his friend?


biggrin.gif biggrin.gif biggrin.gif I can't left him, but it is try


Might have been better had you kept going and waited a layby or two ahead...


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I reserve the right to be wrong.
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Jlc
post Tue, 10 Jul 2018 - 15:50
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What is interesting is in my first post I had assumed it was a 'group' enforcement. It doesn't appear to be the case here. 100m or more behind is a significant distance which would have warranted a separate speed reading.

There's possibly an argument about how certain the officer was for the 2nd bike exceeding the limit - but I'm sure the officer will comment about making a reading and the following bike was matching...?

QUOTE (thisisntme @ Tue, 10 Jul 2018 - 16:36) *
Might have been better had you kept going and waited a layby or two ahead...

If the officer waved him down that probably wouldn't be a smart move... wink.gif


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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notmeatloaf
post Tue, 10 Jul 2018 - 17:37
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Indeed, which is why if things were as the OP says then it would seem highly irregular.

But to challenge it it will almost certainly involve cross examining the officer in court. Which is a punt at the best of times, but in the OPs case he would almost certainly need a solicitor.

Which is why I think annoyingly if true it is effectively a nonstarter.


--------------------
My username is notmeatloaf because I'm not made of meat loaf. I hope that clarifies things.
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Churchmouse
post Wed, 11 Jul 2018 - 01:17
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Better hope the mags don't ride bikes...because every biker knows that the one trying to catch up after getting separated always has to ride faster...

No way should you risk an easy COFP on this.

--Churchmouse
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Cho
post Wed, 11 Jul 2018 - 09:13
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can i ask for a free lawyer or is it just in the movies?
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peterguk
post Wed, 11 Jul 2018 - 09:16
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QUOTE (Cho @ Wed, 11 Jul 2018 - 10:13) *
can i ask for a free lawyer?


No.


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Jlc
post Wed, 11 Jul 2018 - 09:25
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QUOTE (Cho @ Wed, 11 Jul 2018 - 10:13) *
can i ask for a free lawyer or is it just in the movies?

Which movie have you been watching that has a free lawyer for a speeding defence?


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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notmeatloaf
post Wed, 11 Jul 2018 - 13:11
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Only some more serious offences attract legal aid rates and speeding isn't one of them.

If you pay upfront and win, or the prosecution drop the case at a late stage, then you can ask for costs to be awarded in your favour. But they typically only pay legal aid rates, and a decent solicitor will very likely charge more, which eats up any potential saving on the fine.

Basically going to court for minor offences tends to be financially worthwhile if you represent yourself, or if you want to prove a point even if you are acquitted.


--------------------
My username is notmeatloaf because I'm not made of meat loaf. I hope that clarifies things.
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Cho
post Wed, 11 Jul 2018 - 21:14
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Who can advise a lawyer? expect Google
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Jlc
post Wed, 11 Jul 2018 - 21:19
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http://www.fixedfeelawyer.co.uk/

Idea of costs...


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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