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91 in 70 - Staffordshire, What to expect?
Rambo1701
post Thu, 11 Oct 2018 - 20:18
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Had an NIP from Staffordshire Police, 91 in a 70mph, on the A34 Talke Rd between A500 & Parkhouse Rd W.

Seen photos online which are all off the rear of the car, no face shots.

I accept I was speeding, don't want to wriggle out, don't want to say someone else was driving, it was me and I am happy to please guilty to speeding.

But its not a particular powerful car and at the time I don't remember my speedo reading over 90mph, so I am quite frankly shocked they have me at 91mph.

But there is no device calibration certificate available online.

It says capture device is LTI.20.20 ULTRALYTE 1000

Now I never spotted a camera van or officer anywhere, and it was obviously on the opposite side of the dual carriage way as all the photos are off the rear of my car.


Can I request the device calibration certificate?

Or do I just accept the NIP and send it off? If so what should I expect? A weeks wage and 4-6 points as it falls under band B I believe, if true gutted as only 1mph over from been band A, which is kind of why I want certificate, plus I'd be shocked my car was going so fast as surely 91 GPS be like 100 on speedo and my speedo was nowhere near that.
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post Thu, 11 Oct 2018 - 20:18
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BaggieBoy
post Thu, 11 Oct 2018 - 20:29
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It will be a fixed penalty of £100 and 3 points. Those "other" penalties are only applicable if the case goes to court, which there is no reason for it to do.
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Logician
post Thu, 11 Oct 2018 - 20:37
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QUOTE
Can I request the device calibration certificate?


You can request what you like, but it is some sort of urban myth that such a certificate may help you, even if it is out of date it does not override the statutory assumption that the device is accurate. After many years on this forum I have never come across a case where a calibration certificate was of any use at all, so my advice is to forget about that and just accept the fixed penalty.


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Rambo1701
post Thu, 11 Oct 2018 - 21:33
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QUOTE (Logician @ Thu, 11 Oct 2018 - 21:37) *
QUOTE
Can I request the device calibration certificate?


You can request what you like, but it is some sort of urban myth that such a certificate may help you, even if it is out of date it does not override the statutory assumption that the device is accurate. After many years on this forum I have never come across a case where a calibration certificate was of any use at all, so my advice is to forget about that and just accept the fixed penalty.


OK so can I accept the NIP online or do I still need to fill in the form and post it off.

If all I am getting is 3 points and £100 is fine, I just thought because it was 91 in a 70 that puts me in the Band B which is a weeks wage and 4-6 points, did not realise the harsher penalties/fines were only applicable for court.
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Jlc
post Thu, 11 Oct 2018 - 21:39
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Court would normally be for 96mph+


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Kickaha
post Thu, 11 Oct 2018 - 23:17
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QUOTE (Rambo1701 @ Thu, 11 Oct 2018 - 22:33) *
QUOTE (Logician @ Thu, 11 Oct 2018 - 21:37) *
QUOTE
Can I request the device calibration certificate?


You can request what you like, but it is some sort of urban myth that such a certificate may help you, even if it is out of date it does not override the statutory assumption that the device is accurate. After many years on this forum I have never come across a case where a calibration certificate was of any use at all, so my advice is to forget about that and just accept the fixed penalty.


OK so can I accept the NIP online or do I still need to fill in the form and post it off.

If all I am getting is 3 points and £100 is fine, I just thought because it was 91 in a 70 that puts me in the Band B which is a weeks wage and 4-6 points, did not realise the harsher penalties/fines were only applicable for court.

You need to fill the form in and return it. Take a copy of the filled in form and get proof of posting when you post it.

As you now realize, the harsher penalties are for if the case goes to court, which will only happen in this case if you step outside of the system (for example by asking for calibration certificates).
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Logician
post Thu, 11 Oct 2018 - 23:37
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QUOTE (Rambo1701 @ Thu, 11 Oct 2018 - 22:33) *
If all I am getting is 3 points and £100 is fine, I just thought because it was 91 in a 70 that puts me in the Band B which is a weeks wage and 4-6 points, did not realise the harsher penalties/fines were only applicable for court.


The sentencing guidelines for offences dealt with in court were revised in April 2017, and it was so badly announced and reported that confusion like yours is widespread. Fixed penalties are normally offered up to 50 mph in a 30 limit (55 in some areas) and up to 25 mph over the limit for limits of 40 to 70 mph.



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