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[NIP Wizard] NIP - M1, Threads merged
percycov
post Thu, 23 May 2019 - 21:59
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2019
Date of the NIP: - 14 days after the offence
Date you received the NIP: - 16 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M1. South Bound Tibshelf
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? - Work 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 - Travelling on the motorway, normal conditions, light traffic. Was in the inside lane when i saw a flash, didn't think anything of it because i was under 70mph. I don't recall seeing the signs above saying a different speed.
A week later my work recieved a NIP, who then nominated me as driver then i recieved a NIP in the post.
69mph in a 50 which i find incredible as traffic was very light so was no reason for it to be a 50 at the time.


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: Thu, 23 May 2019 21:59:21 +0000
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post Thu, 23 May 2019 - 21:59
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Irksome
post Thu, 23 May 2019 - 22:13
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You could ask for photographs to assist you in identifying the driver at the time of the alleged offence - don't use the word evidence. This is I think HADECs, so the money shot should include gangtry signs.
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Jlc
post Fri, 24 May 2019 - 06:37
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That excess will be a fixed penalty of 3 points £100.


--------------------
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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The Rookie
post Fri, 24 May 2019 - 07:03
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QUOTE (percycov @ Thu, 23 May 2019 - 22:59) *
traffic was very light so was no reason for it to be a 50 at the time.[/b]

Traffic doesn't have to be heavy for there to be a perfectly good reason for imposing a lower limit.


--------------------
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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cp8759
post Fri, 24 May 2019 - 11:23
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QUOTE (The Rookie @ Fri, 24 May 2019 - 08:03) *
QUOTE (percycov @ Thu, 23 May 2019 - 22:59) *
traffic was very light so was no reason for it to be a 50 at the time.[/b]

Traffic doesn't have to be heavy for there to be a perfectly good reason for imposing a lower limit.

And there doesn't need to be a "good" reason anyway, if the limit has been lawfully imposed on a road, it must be obeyed.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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percycov
post Sat, 13 Jul 2019 - 19:10
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Good evening

While in a work van I was allegedly clocked doing 69mph on the M1 near Tibshelf by a variable camera.

My work sent the NIP off stating I was driving, which I was and last week I received a conditional offer of 3 points and £100 fine.

Because I already have points I tend to stick to limits when driving. And I use waze which tells me when cameras are approaching so if I have crept over the limit I slow down.

But I know for a fact if the limit on the motorway was reduced to 50mph then I wouldn't carry on doing 70mph, and risk getting clocked.

How can they prove the 50 signs were working? If I would have seen 50 I would've slowed down.

Is it worth appealing? Should I just take it on the chin and accept it? If I knew for a fact I was in the wrong I could accept it but i'm 75% sure there was no 50 limit at the time of the alleged offence!
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Jlc
post Sat, 13 Jul 2019 - 19:58
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AIUI they are HADECS3 cameras that take an auxiliary shot of the prevailing limit.

Unless you asked for a photo prior to naming the driver then they won't supply one now short of going to court.


--------------------
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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andy_foster
post Sat, 13 Jul 2019 - 23:02
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QUOTE (percycov @ Sat, 13 Jul 2019 - 20:10) *
My work sent the NIP off stating I was driving, which I was and last week I received a conditional offer of 3 points and £100 fine.


After your employers named you as the driver, did you then receive a NIP/s. 172 in your own name and did you name yourself as the driver, or did they simply send you a COFP after being named by your employers?

edit: My bad. If had had bothered to check to see whether you had multiple threads for the same case (original thread here) I would have seen that you had simply omitted the details from this version of events.

This post has been edited by andy_foster: Sat, 13 Jul 2019 - 23:06


--------------------
Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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blackcross
post Sat, 13 Jul 2019 - 23:51
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As this started in May you should now have the photo. Does it show what limit was in force or not?

Opinions about whether 50 should have been in force are irrelevant. It either was or it wasn’t. If 50 was in force, the highway authority does not have to explain why.

This post has been edited by blackcross: Sat, 13 Jul 2019 - 23:53
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