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[NIP Wizard] NIP and company car can I do anything?
10speeduk
post Wed, 17 Mar 2010 - 21:54
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2010
Date of the NIP: - 20 days after the offence
Date you received the NIP: - 22 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Central Ticket Office, Phoenix House, 2 London Road, Maidstone, Kent, ME16 8PZ
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - It is my company car. My company lease it from Arval for me.
How many current points do you have? - 6
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 - Going up A249 detling hill. this is a 50 mph zone. 50 metres from derestricted signs just over the brow of the hill I accelerated to 68mph and was caught by a mobile speed camera van parked just before the derestricted signs!

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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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: Wed, 17 Mar 2010 21:54:35 +0000
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post Wed, 17 Mar 2010 - 21:54
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The Rookie
post Thu, 18 Mar 2010 - 08:31
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I would suggest checking the TRO that sets the 5 limit to see where it states the limit ends, its not unknown for them to make mistakes!

Are you sure about the location of the offence being as you quote? I think you may have got that a little wrong!

Well known van lurking location for even a midlander!

Simon


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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10speeduk
post Thu, 18 Mar 2010 - 11:03
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Hi Simon,

Thanks for your response. What is TRO??? As for the location, I am pretty sure I am accurate.

I will research TRO on your reply.

Thanks

Paul
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7159keith
post Thu, 18 Mar 2010 - 13:31
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TRO = Traffic Restriction Order
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nemo
post Thu, 18 Mar 2010 - 13:33
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QUOTE (7159keith @ Thu, 18 Mar 2010 - 13:31) *
TRO = Traffic Restriction Order

Traffic Regulation Order.. wink.gif
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10speeduk
post Thu, 18 Mar 2010 - 20:53
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Ok guys, where can I check the TRO for the stretch of road I was camera'd?
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nemo
post Thu, 18 Mar 2010 - 20:56
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QUOTE (10speeduk @ Thu, 18 Mar 2010 - 20:53) *
Ok guys, where can I check the TRO for the stretch of road I was camera'd?

Here is a good place to start.
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southpaw82
post Fri, 19 Mar 2010 - 12:18
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QUOTE (10speeduk @ Thu, 18 Mar 2010 - 11:03) *
As for the location, I am pretty sure I am accurate.


Are you saying that the location of the offence, as listed on the NIP, is their office? huh.gif


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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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10speeduk
post Sun, 21 Mar 2010 - 17:50
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QUOTE (nemo @ Thu, 18 Mar 2010 - 20:56) *
QUOTE (10speeduk @ Thu, 18 Mar 2010 - 20:53) *
Ok guys, where can I check the TRO for the stretch of road I was camera'd?

Here is a good place to start.


Thanks Nemo!
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The Rookie
post Mon, 22 Mar 2010 - 09:22
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QUOTE (10speeduk @ Wed, 17 Mar 2010 - 21:54) *
Location of offence (exact location as it appears on the NIP: important): - Central Ticket Office, Phoenix House, 2 London Road, Maidstone, Kent, ME16 8PZ

Shum mishtake shorely - Hic......

No wonder they are miffed if you drove through their office my friend!

Simon

This post has been edited by The Rookie: Mon, 22 Mar 2010 - 09:30


--------------------
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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Gan
post Mon, 22 Mar 2010 - 10:08
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It would make an interesting S172 reply.

At the time of the alleged offence the vehicle was not at this location but at Detling Hill on the A249.

Could it be argued under the slip rule that the OP was not misled ?
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The Rookie
post Mon, 22 Mar 2010 - 11:23
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It would, but I suspect its the OP who has mislead us and read 'offence' as 'office'....he's then misunderstood my question as he's written the Detling hill in the description....which as an aside used to be scary fun to try and decend at the NSL!

Simon


--------------------
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
Go to the top of the page
 
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