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[NIP Wizard] Average Speed Camera in Barnsley
post Fri, 22 Jul 2016 - 07:59
Post #1


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Joined: 14 Apr 2012
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2016
Date of the NIP: - 10 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): - A616(T) West from 800m past A61 island for 1.77km, Barnsley
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? - Spouse of owner
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 - 8:30pm - Behind a convoy of slow moving vehicles who drove at 40-45 in the 60mph speed limit areas but then slow down to 30-35 for bends. At this point the road goes uphill and there is an additional lane on my side of the road to allow progress. Performed overtake of line of vehicles. If the average speed is correct then the overtake obviously over a distance was too fast although I did not consider my speed excessive at the time just progressive.

The NIP lists my speed as 70mph. There are photo's and/or video evidence but not had sight of it yet.

One comment is that the NIP is photocopy signed but I do not know by who as it is on behalf of the Chief Constable. Can we be sure that the person signing the form is still authorised to collect the data?

Will I be likely offered a course?

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? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. 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, 22 Jul 2016 07:59:42 +0000

This post has been edited by Umtwebby: Fri, 22 Jul 2016 - 08:02
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post Fri, 22 Jul 2016 - 07:59
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post Fri, 22 Jul 2016 - 08:30
Post #2


Group: Members
Posts: 33,864
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223

The law doesn't allow for 'making progress' - even if it was arguably appropriate.

If it was 70 in a 60 then a course should be offered.

You aren't entitled to photographic evidence at this stage - but it's not that exciting, just 2 snaps with timestamps 'proving' the time over distance calculation.

I would find if difficult to believe you are not being pursued with the necessary authority but ask them if you like.

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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