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FightBack Forums > Queries > Speeding and other Criminal Offences
Alex2016
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2016
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 13 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A34, Radley
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 6
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 - Hello,

I got NIP saying I was driving 82 on A34 where the limit they claim was 60 MPH. I know this road very well (commuting everyday) and I don't recall any temporary signs restricting speed to 60, it must be 70. So I'm confused by this letter and not sure what to do. it says attended eqpt was used.

Thanks,
Alex


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: Thu, 17 Nov 2016 20:06:15 +0000
Jlc
What you have to do is name the driver.

Even if it was a 70, the driver was exceeding that...
Logician
QUOTE (Jlc @ Thu, 17 Nov 2016 - 21:08) *
What you have to do is name the driver. Even if it was a 70, the driver was exceeding that...


You must name the driver, failure to do so is an offence carrying 6 points. I suggest you ask Highways England (New name for the Highways Agency) if there were roadworks or other reason for a speed restriction on the A34 on the date in question.

southpaw82
Not that its massively relevant but is the A34 a motorway?
Logician
No, dual carriageway at that point, not motorway anywhere AFAIK.
typefish
Are you a van?
BaggieBoy
60 is a strange speed restriction for roadworks, 50 or 40 I would believe.

However were you driving a vehicle that that a speed limit of 60 on dual carriageway, such a van, motorhome, bus etc? speed limits
Alex2016
it's normal car, not a van. And yes it's dual carriage way which doesn't change the issue. So very weird 60 limit, no roadworks that I remember of..
BaggieBoy
Pulling a trailer?
Logician
As I said above, I suggest you ask Highways England (New name for the Highways Agency) if there was a speed restriction on the A34 on the date in question.
Jlc
QUOTE (Alex2016 @ Fri, 18 Nov 2016 - 09:41) *
it's normal car, not a van. And yes it's dual carriage way which doesn't change the issue. So very weird 60 limit, no roadworks that I remember of..

They may have made a mistake on the prevailing limit. But that matters not - the allegation is exceeding the limit (and not a specific limit). What's the exact wording of the legislation covering the limit?

Given the speed is in excess of any possible maximum limit then there's no defence there.

However, 82 in a 60 or 70 is the same fixed penalty (3 points £100). The only difference is that an awareness course could be offered for 82 in a 70 to avoid the points if one hasn't been done in the last 3 years.

None of this changes the requirement to name the driver. But try making a bemused phone call and you never know if they'll drop it out of 'embarassment' rather than any legal necessity. (We have seen this before)

But if you end up on 9 points then you are 1 offence away from a 6 months totting ban. (If you receive 12 points in any 3 year rolling period, based upon the date of the offences)
The Slithy Tove
I thought the A34 was 70 all the way from Oxford to Newbury, except 50 as you go round Oxford. Mid you, you'll need to get used to slowing down, as there's a chance they'll reduce the limit along that road following the recent fatal accident there. <Editorial>Not a road to be doing >80 along.</Editorial>
The Rookie
Just to be clear, what is the make and model of the car?
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