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FightBack Forums > Queries > Speeding and other Criminal Offences
Gwenty
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2017
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M4 Jnc 23a to Jnc 24 W/B Gwent 50 3
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? - 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 - Probably a very regular occurrence.
Speed camera turn on for a section of "smart motorway" heading into Gwent. All the signs are electronic, and the speed limit is variable. Signs/speed limits change frequently (I have seen two adjacent signs drop from 60 to 50 then to 40 before I have passed the second sign).
On this occasion, I vaguely recollect the speed sign changing from 60 to 50 just before I arrived at the section with the road markings. I will do some timings tomorrow, but I would only have had seconds to slow down, and I don't like braking suddenly whilst on a motorway.. Therefore my NiP was issued for doing 57mph on a stretch of road where the limit was 60mph seconds before my speed was measured.
It may be I still don't have a good defence, but I would like to know if there are any recommendations or official means to find out about "grace periods".
(Also considering putting in a FoI regarding rear-end shunts on the same stretch)


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? - Wales

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, 28 Nov 2017 21:45:52 +0000
peterguk
IIRC, there is 40 seconds between speed limit change and enforcement of the new limit.

A reduction of 10mph can easily be achieved without any sudden heavy braking, else we'd have dozens more cases here.

I've never heard or read of any rear end shunt resulting from a speed limit change of 10mph.
Jlc
The SI (Here) requires at least 10 seconds.

As Peter has noted the cameras are often set higher than this.
Logician
If you had got down even to 56mph you would have been OK!
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