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[NIP Wizard] Caught by country speed trap 3 times, desperately need help.
dcomp1
post Fri, 6 Jul 2018 - 17:11
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2018
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A32, WARNFORD ROAD, CORHAMPTON, HAMPSHIRE, UNITED KINGDOM
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? -
How many current points do you have? - 3
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 - Driving out of a town area, through empty country roads (i don't recall there being lights here, and it goes from a 60 to a 30 to a 60 again, pretty fast)

Police van was hidden just after a left corner, caught my speed as 37mph in a 30 zone. I feel like i was doing significantly less speed. However, this is the third time they've 'caught' me on the exact same road, a lot of people think they use this area as a cash grab, as it's not at all urban, and there's really no crashes or road crime around that area.

I've accepted the first 3 points, but i feel certain that out of the three times i've been accused, the 37mph cannot be accurate.

If i lose my car, i will lose my job, my ability to look after my grandparents, and a lot more besides.

Please, please help.


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? - Unsure
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, 06 Jul 2018 17:11:09 +0000
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post Fri, 6 Jul 2018 - 17:11
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NewJudge
post Fri, 6 Jul 2018 - 17:49
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I assume you had one Speed Awareness Course and one fixed penalty for the previous two offences.

You should be offered a fixed penalty for this latest offence but if you decide to take the matter to court you will have to show that either the device was not working correctly or that it was not operated correctly. Simply saying "I don't think I was doing 37" will not do.

Why do you think you will lose your licence? Did you pass your test less than two years ago?
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southpaw82
post Fri, 6 Jul 2018 - 18:17
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Joined: 2 Apr 2008
From: Not in the UK
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QUOTE (dcomp1 @ Fri, 6 Jul 2018 - 18:11) *
no crashes or road crime around that area.

Other than speeding, presumably? What makes you think you weren’t doing 37?


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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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notmeatloaf
post Fri, 6 Jul 2018 - 20:10
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When you say you feel certain you weren't going 37mph, what reasons do you have for that?

E.g. "Having been caught twice I am always conscious of that exact stretch of road, and without fail put my speed limiter on" is different to "what are the chances of being caught three times?".

It matters because it is very likely the police measurement is right, unless you have a very good reason why it is likely to be wrong.
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