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Full Version: [NIP Wizard] NIP undereading speedo & sun in eyes
FightBack Forums > Queries > Speeding and other Criminal Offences
pauljaq
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2016
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): - A18 Doncaster Road, Gunness, United Kingdom
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 - Is was in a line of traffic with a van in front of me. I travelled through a 30mph zone, and went round a 90 degree bend where soon after the 30mph zone ended. But as I turned the bend the low early morning sun was shining in my eyes and with a combination of this and the van in front I couldn't see the speed limit signs, or the speed camera signs or the mobile camera van, until I closed up to the van which shield me a little from the sun and then I saw the signs and the van and backed off my speed. The limit was 40mph and the NIP says I was doing 47mph. I originally didn't think I was doing that speed as I always thought speedos over read slightly (by about 10%). But I received 3 points in July for 57mph in a 50 limit where the 50 limit had just been applied to that stretch of road from the usual 60 limit. So I have checked my speedo against a sat nav and it doesn't over read, if anything it is bang on or 1 or 2mph under reading. I have since had a new remote key made for the car and the engineer asked me the history of the car and I confirmed I got it from the auctions and it was owned by black horse finance, it had been reposed. He said the car had probably been taken from the previous owner due to non payment of the loan for the car and the keys wouldn't have come with the car. On this basis to programme a new key for the car the dashboard is taken apart to gain access to code info. Apparently during this process the speedo speed reading can be affected. This has been confirmed by the fact that the speedo needle sits at approx. 3 - 4 mph below the zero and reads bang on of 1 - 2mph below at 10, 20, 30, 40, 50, 60, 70 mph. I'm not sure if it is worth passing this info. on to defend myself or if the sun in my eyes has any bearing and what process I go through to deal with this, and what costs or risks are involved, I haven't sent back the NIP yet.
I have driven nearly 20 years with no convictions and have got two now in two months! I have also driven a million miles with no accidents.


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, 04 Oct 2016 12:04:11 +0000
peterguk
Driving a car with a faulty speedometer is an offence in itself, not a defence.

Driving into sun to the extent you can't see is also no defence.
fedup2
Nobody seems to be interested that speeders arnt causing the accidents,if you exceed the speed limit your bad,simple.

As for your speedo as said it doesnt help,nor does anything else you have said.Closing up to another vehicle when you cant see is counter productive.Stick some sun glasses on and stick the visor down and INCREASE the gap.

If you have attentended a course within the last 3 yrs it didnt work,not that anyone cares about that either,but it looks like 3 points and a £100 fine.
Jlc
QUOTE (pauljaq @ Tue, 4 Oct 2016 - 13:04) *
I haven't sent back the NIP yet.

At this point in time the driver identity is being requested. Even if any of the above formed any defence or mitigation you would commit a separate offence by not replying correctly.

If there's time you could ask for any photo's to assist in the identification of the driver - to assess the pictures if they send them. However, the clock to respond doesn't stop.

Back to the matter at hand, there's a 10%+2mph tolerance before enforcement starts - even with the under reading speedo that tolerance was exceeded. Assuming the speed and signage was correct you do not appear to have a viable defence. The items you mention are actually aggravating instead of mitigating.
The Rookie
QUOTE (pauljaq @ Tue, 4 Oct 2016 - 13:04) *
. I travelled through a 30mph zone, and went round a 90 degree bend where soon after the 30mph zone ended.

When the 30mph limit ended, what was the speed limit? Presumably you went directly from a 30 to a 40, so you either spotted the 40 sign and exceeded it (by more than the speedo error) or thought you were still in a 30 and exceeded it by even more.....

The only 90 degree bend I can find at that location is a 40mph limit for some distance either side of the bend, can you provide a google street view link to the location of the 40 sign you missed?
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