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[NIP Wizard] NIP A616T East
Edgar
post Wed, 2 Nov 2016 - 12:30
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2016
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - at 19:11 on 27/10/2016 at A616T East from 80m past A6102 exit for 2.2km, 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? -
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 - I don't know but I'm sure I wasn't heading East on A616 at this time and date (19:11 27/10/2016). If I knew the exact location of the camera, I might have a better idea.

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? - Unsure
Do you know who was driving? - Unsure who was driving

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: Wed, 02 Nov 2016 12:30:38 +0000
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post Wed, 2 Nov 2016 - 12:30
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sharkfighter
post Wed, 2 Nov 2016 - 12:50
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The cameras are SPECS average speed and the location given is where the cameras are in relation to the other road, not the direction you were travelling. Were you travelling towards the A61 Tankersley roundabout by chance?
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NewJudge
post Wed, 2 Nov 2016 - 13:00
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At present you have 28 days from the day the notice was served to establish who the driver was and to provide that information. The responsibility is yours. You may ask for photographs to help identify the driver (do not ask for "evidence"). Most areas provide them but they are not obliged to do so and they are usually inconclusive anyway. Any such request does not stop the 28 day clock. Failure to unequivocably nominate a driver will almost certainly see you face a Section 172 (Failure to provide driver's details) offence. This carries a mandatory six points, a hefty fine and insurance grief for a number of years.

There is a statutory defence to the charge and you may be found not guilty if the court believes "...that you cannot and could not identify the driver that you did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was." But simply saying "I don't know" is not sufficient. So you now need to begin to exercise your "reasonable diligence". Why don't you know who was driving? How many people have access to the vehicle? How is access to it controlled? Where are the keys kept? Have you made enquiries of any others that have access? (etc. etc). Keep careful notes of who you ask, what you ask them and any other enquiries you may make. The hurdle of "reasonable diligence" is quite high and it is not easy to succeed.

This post has been edited by NewJudge: Wed, 2 Nov 2016 - 13:02
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Jlc
post Wed, 2 Nov 2016 - 13:39
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QUOTE (sharkfighter @ Wed, 2 Nov 2016 - 12:50) *
The cameras are SPECS average speed and the location given is where the cameras are in relation to the other road, not the direction you were travelling. Were you travelling towards the A61 Tankersley roundabout by chance?

There's SPECS cameras on the A616 for sure - here. But I don't see how the A6102 is relevant as this is much further south in Sheffield?


--------------------
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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The Rookie
post Wed, 2 Nov 2016 - 13:40
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Location is about as precise as it comes!


--------------------
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
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Jlc
post Wed, 2 Nov 2016 - 13:42
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QUOTE (The Rookie @ Wed, 2 Nov 2016 - 13:40) *
Location is about as precise as it comes!

On the face of it - but perhaps not?


--------------------
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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sharkfighter
post Wed, 2 Nov 2016 - 14:12
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The location given is for the first camera, 80 m past the junction with the A6102, which is Wortley Road, this joins the A616 and the first camera is not far from the junction. The distance covered is 2.2 km, hence the average speed. The road goes up hill and has two lanes, but is not a dual carriageway as there is no central reservation. A lot of people think because there are two lanes it is a dual carriageway and the higher speed limit applies. How fast were you travelling?
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peterguk
post Wed, 2 Nov 2016 - 14:21
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QUOTE (sharkfighter @ Wed, 2 Nov 2016 - 14:12) *
A lot of people think because there are two lanes it is a dual carriageway and the higher speed limit applies.


Despite the signs advising otherwise.

A road i travel on twice a day.


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Jlc
post Wed, 2 Nov 2016 - 14:51
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QUOTE (sharkfighter @ Wed, 2 Nov 2016 - 14:12) *
The location given is for the first camera, 80 m past the junction with the A6102, which is Wortley Road, this joins the A616 and the first camera is not far from the junction. The distance covered is 2.2 km, hence the average speed. The road goes up hill and has two lanes, but is not a dual carriageway as there is no central reservation. A lot of people think because there are two lanes it is a dual carriageway and the higher speed limit applies. How fast were you travelling?

Right got it - here. Wortley road does appear to be A6102 although not obvious on Bing/Google.


--------------------
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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sgtdixie
post Wed, 2 Nov 2016 - 16:13
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QUOTE
I don't know but I'm sure I wasn't heading East on A616


QUOTE
Were you driving? - Unsure
Do you know who was driving? - Unsure who was driving


Which one is correct?
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The Rookie
post Wed, 2 Nov 2016 - 18:36
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From: Warwickshire
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I think the issue is that the OP has misread the location as being he was heading East, when in fact it spans the average speed cameras from first location eastwards to the second location.


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