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[NIP Wizard] Broken speedo speeding fine
DSticket
post Thu, 14 Jul 2016 - 22:32
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2016
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 13 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Weedon Road, Aylesbury
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? -
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 was driving my classic car to an annual club rally on Saturday evening. The speedo cable is not working properly, though the car had passed its MOT a week prior.

I ended up passing through this town, when I should have bypassed it. I was rushing to get back on the correct road to my destination when the offence occurred. I was not aware I was speeding, nor that I had been snapped doing so, until the NIP arrived.

Driving conditions and visibility were good, as far as I can recall, though I did pass through some showers on my trip between west London and Little Horwood.



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: Thu, 14 Jul 2016 22:32:57 +0000
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post Thu, 14 Jul 2016 - 22:32
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southpaw82
post Thu, 14 Jul 2016 - 22:36
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Just in case you think this, not being aware you were speeding and/or having a broken speedometer won't form a defence. Do you have any particular question?


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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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Logician
post Thu, 14 Jul 2016 - 22:37
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Hopefully you were not thinking that a broken speedo would be any kind of defence, it isn't and in fact is a C&U offence in its own right.


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kommando
post Fri, 15 Jul 2016 - 08:03
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Working speedo is not part of the MOT, I fit bicycle speedos to all my old bikes as the originals fail a lot and are not that accurate.
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Jlc
post Fri, 15 Jul 2016 - 08:19
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What's the alleged speed/limit?

Appears to be a 30, also a Gatso there.


--------------------
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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Unzippy
post Fri, 15 Jul 2016 - 08:49
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QUOTE (kommando @ Fri, 15 Jul 2016 - 09:03) *
Working speedo is not part of the MOT, I fit bicycle speedos to all my old bikes as the originals fail a lot and are not that accurate.



You can fail an MOT for:

"2. Speedometer incomplete, clearly inoperative or the dial glass broken or missing."
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southpaw82
post Fri, 15 Jul 2016 - 12:19
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Not that it really matters, as the OP hasn't been charged with a construction and use offence.


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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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kommando
post Fri, 15 Jul 2016 - 20:00
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Speedos do not need to be working to pass the MOT, just be there looking pretty, if they are smashed up with broken glass thats another matter. As long as it does no get tań∑en out on the road why would the tester notice unless the mileage is unchanged from previous test, on some old speedos you need to be doing 10 mph before the needle budges.

This post has been edited by kommando: Fri, 15 Jul 2016 - 20:07
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Bipolar
post Fri, 15 Jul 2016 - 20:27
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If you have a smartphone you can download an app that will show your speed calculated by GPS. Might be a cheaper fix then trying to find the right one for your car.

This post has been edited by Bipolar: Fri, 15 Jul 2016 - 20:28
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