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[NIP Wizard] NIP - 39 in a 30. Hidden in bushes!
Bean_
post Tue, 5 May 2009 - 11:15
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2009
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - B3156 - Lanehouse Rocks Road, Weymouth
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 - The bottom of lanehouse hill is notorious for speed checks.
For this reason I try to ensure I'm within the speed limit in this area.

Up until the point when I received this NIP, I was completely unaware I'd done anything wrong. I saw no speed van that day and there are no camera warning signs on that road.

It's usually a police car with a radar gun at the bottom of the hill, tucked away in a side road covered each side by hedgerows where you can't see them AT ALL until you've actually driven past.

I can provide pictures of the road and the point where police sit and gun from if that helps?

Is it worth trying to fight from the angle that they should be visible? I remember reading 400m straight road somewhere?
I've not requested photos or anything but the letter does say they have video evidence.

What should I do?


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: Tue, 05 May 2009 12:15:26 +0100
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post Tue, 5 May 2009 - 11:15
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jobo
post Tue, 5 May 2009 - 11:39
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its a fair chance it was the scammers rather than the police, hidden somewhere in a unmarked van,

non of the i didnt see them issues stand up in court

writing for the photo to help id the driver, not proof or evidence is the way to go, to see if they got a clean ping


--------------------
jobo

anyone but Murray, Wish granted for another year,
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Bean_
post Tue, 5 May 2009 - 12:10
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My understanding is that any correspondance (i.e. requesting photos to id driver) doesn't affect the 28 days on the NIP.
Is this correct? So even though I'd have been in contact my 28 days are still counting down?

What should be included in the letter requesting photos? Is there a template floating about somewhere?

Cheers for your response.
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Ocelot
post Tue, 5 May 2009 - 12:22
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You are correct in that requesting the photos doesn't stop the clock.

All you need to say in the letter is something like:

"I would be grateful if you could provide me with photographs of the alleged incident as an aid to identify the driver."

I can confim what bama says regarding their hiding. Even if they were hiding inside a hay bail, with their van parked illegally, it wouldn't make any difference to the admissability of their evidence in practice.
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Bean_
post Tue, 5 May 2009 - 13:24
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Do I need to give reasoning as to why I'm asking to identify the driver?
For example, "I would be grateful if you could provide me with photographs of the alleged offence as an aid to identify the driver because at the time the car was for sale and the driver may have been a prospective buyer"

It's entirely possible it was a prospective buyer of the car (it's now been sold) although it's likely to be myself.
It'd been out on numerous test drives over the past four weeks and I hadn't recorded every detail of every driver or exactly what time they took it out.
Would this possibly stand up if I was unsure who it definitely was but could provide a list of who it could possibly be?

I'll write a letter requesting photographs tonight. Does it get sent to the same address as the NIP?

Regards
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Glacier2
post Tue, 5 May 2009 - 13:31
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You are best not to supply any reasons as to why you want the pictures apart from assisting to identify the driver.

Send that to the same address as on the NIP.
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Bean_
post Tue, 5 May 2009 - 13:39
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Okay thanks guys I'll report back if/when I receive my photos.
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