Help - Search - Members - Calendar
Full Version: NIP - SAME PLACE TWICE IN ONE YEAR
FightBack Forums > Queries > Speeding and other Criminal Offences
smurphy
Hi All, firstly a great site and everyones debates/information is very usefull.

I thought I'd come to this forum to see if I have a viable case against a recent NIP issued.

I have been driving for 13 yrs and in that time I have never had a speeding conviction nor any penalty points on my licence. Last year I got caught doing 37 in a 30 zone. It was a dual carriageway I wasn't driving wrecklessly, and the road was just off a main motorway, going any slower and there would have been serious congestion. Anyway I received the NIP signed it sent it off and paid my fine and received 3 penalty points, I was aggrieved but like most I took the punishment.

Fast forward 10 months later and last Sunday on the exact same spot the exact same road I was caught doing 38mph in the same 30mph zone. Now I know most of you would think I should have learnt my lesson the first time but this is an absolute joke, and my reasons for this are :

1. Their were no cars in any near distance in front of behind me.
2. There were no pedesterians in sight
3. At no stage was I driving wrecklessly or without due care or attention going any slower and I would stop!!

After receiving the NIP form I actually went back down to the same stretch of road and noticed the following.
The sign for the 30mph speed limit was on a lamp post but was really small, there is no way you would see this in the distance. I stood on the side of the road for half an hr and in that time witnessed 18 cars getting flashed and I can honestly say none were driving in an unsafe manner.

I am totally aggrieved that the law abiding citizen is the easy target to get money off but more to the point increase my penaly points to 6 points and now I will have to pay more in insurance. People who don't have any insurance or MOT get off more lightly!!

With everyones experience and any advice you may have would I have a case to fight this ? If there is no chance on beating the establishment on this then your advice would be advisable but would I have any case
if I contested this and wanted to go to court to ? Also at this stage should I use the PACE reply when sending back my NIP ?

Any advice on this would be greatfully appreciated.
Maths For Fun And Insight
QUOTE (smurphy @ Thu, 20 Apr 2006 - 11:02) *
I am totally aggrieved that the law abiding citizen is the easy target to get money off but more to the point increase my penaly points to 6 points and now I will have to pay more in insurance. People who don't have any insurance or MOT get off more lightly!!

Quite right - you have caused absolutely no danger whatsoever - and yet you are about to lose half your driving license (and important freedom which should not be taken away so frivolously), and get the equivalent of 4 years probation.

Do you have a preference for your defence from the FAQ?

Also, until the scameraships start to prioritise safety over number of convictions, it is, IMO, a good idea to use a camera detector.
smurphy
Thanks for the reply........I have looked in the FAQ but it doesn't really give any advice to whether I have a leg to stand on or not. It would be handy if someone could advise of any similiar cases and that there could be a chance the possible prosecution could be quashed if I went to court and someone with half a brain ie the magistrate listened and thought I was right. I don't want to end up going to court only to find they double the points penalty and my fine !!
The Rookie
If the signing is not as per TRSGD you MAY have a defence, suggest you go to the ABD's website (www.abd.org.uk/speed_limit_signs.htm) and check it out, come back here then for more specific issues.

Simon
andy_foster
QUOTE (smurphy @ Thu, 20 Apr 2006 - 11:02) *
The sign for the 30mph speed limit was on a lamp post but was really small, there is no way you would see this in the distance.


Is there a system of streetlighting - lamps at least 6m high and no less than 183m apart?
Was the 30mph sign combined with a speed camera warning sign (bottom right hand pic)?
Quattro
QUOTE (smurphy @ Thu, 20 Apr 2006 - 11:02) *
The sign for the 30mph speed limit was on a lamp post but was really small, there is no way you would see this in the distance.


Could you expand on this please?

Did you come between two large 30 mph limit signs prior to the little one on the lamp post?

Where did it happen?

Perhaps you could answer to FAQ questions smile.gif
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.