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sootyridesagain
A few weeks ago i recieved a Notice of Intended Prosecution (NIP) as i was caught by a mobile speed camera doing 87mph on a dual carriageway where the speed limit was 70. At this point i joined this forum. In response to the NIP i posted (via recorded delivery) a PACE statement admitting that i was the driver.

Within a couple of days i then received a "Conditional Offer of a Fixed Penalty" offering me 3 points & a £60 fine.

What do i do next? I am on a limited budget so cannot afford massive legal fees. On the other hand i drive for a living & already have 6 points, another 3 will put me within one more offence of being banned (again!).

Please could some advise on my best course of action. If i decide to fight this do i stand a reasonable chance of getting away with it or not?!!
nemo
To continue the fight, you would have to ignore the COFP and any reminders. In due course, you may receive a summons for the offence(s) of excess speed and / or failure to supply driver details. If / when this happens, scan the contents of the summons bundle, edit to remove identifiable information and post the images into this thread. The bundle can be reviewed and (free wink.gif ) advice offered, accordingly.

In the meantime, there could be issues with the evidence gathering process to date which may be apparent if you could provide answers to the questions listed below:

QUOTE ("Read This First")
1. The name of the Constabulary:
2. Date of the offence:
3. Date of the NIP:
4. Date you received the NIP:
5. Location of offence (exact location as it appears on the NIP: important):
6. Was the NIP addressed to you?:
7. Was the NIP sent by first class post, second class or recorded delivery?:
8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? If not then what is your relationship with the vehicle?:
9. How many current points do you have? :
10. 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.:
Maths For Fun And Insight
QUOTE (sootyridesagain @ Mon, 8 May 2006 - 19:54) *
What do i do next?

My advice is to sit tight. It is my inexpert opinion that by the time your case goes to court, the PACE situation will have changed significantly one way or another.
sootyridesagain
QUOTE (nemo @ Mon, 8 May 2006 - 20:12) *
To continue the fight, you would have to ignore the COFP and any reminders. In due course, you may receive a summons for the offence(s) of excess speed and / or failure to supply driver details. If / when this happens, scan the contents of the summons bundle, edit to remove identifiable information and post the images into this thread. The bundle can be reviewed and (free wink.gif ) advice offered, accordingly.

In the meantime, there could be issues with the evidence gathering process to date which may be apparent if you could provide answers to the questions listed below:

QUOTE ("Read This First")
1. The name of the Constabulary:
2. Date of the offence:
3. Date of the NIP:
4. Date you received the NIP:
5. Location of offence (exact location as it appears on the NIP: important):
6. Was the NIP addressed to you?:
7. Was the NIP sent by first class post, second class or recorded delivery?:
8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? If not then what is your relationship with the vehicle?:
9. How many current points do you have? :
10. 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.:




Answers to the above as follows:

1) Norfolk Constabulary
2) Offence date was 19/03/06
3) Not sure (didn't take a copy) but it was definately within 14 days of the alleged offence.
4) Again not sure but definately within 14 days of the alleged offence.
5) A47 Kirby Beedon, towards Great Yarmouth
6) Yes it was addressed to me.
7) NIP received via 1st Class post.
8) Yes i am the registered keeper.
9) 6 valid points & 3 points which are over 3 years old but less than 4 years old.
10) I was driving down the A47 towards a friends house at a village called Acle (just off A47 North East of Norwich). I was on a dual carriageway & my speed was varying between 60 & 90 mph. I noticed a Police Car parked in a layby on my side of the road. I braked before i reached the car hoping that i'd reduced my speed enough for them not to notice. I did not notice any other Police vehicles or any unmarked camera vans. I passed the police car at approximately 65mph . The Police Car did not attempt to follow me so i continued on my journey. About 8 days later i received the NIP through the post. I then joined this forum & sent a completed PACE statement admitting that i was the driver (which i was). The only thing i found odd is that i did not see any static cameras, nor any camera vans, only a solitary police car parked facing in the same direction that i was travelling.

Hope this information is what you require!
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