Help - Search - Members - Calendar
Full Version: [NIP Wizard] NIP Motorway - 80mph
FightBack Forums > Queries > Speeding and other Criminal Offences
N1P
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2018
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 4 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M27 Motorway Between Junction 10 (Fareham North) & Junction 11 (Fareham East)
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? - 0
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 - Joined motorway at Jct 10 of M27 eastbound gaining enough speed to join traffic.
Once on the motorway pulled into 2nd of the overtaking lanes (4 lanes at this point) and accelerated again to overtake and avoid cars behind. Noticed a van stopped on a bridge ahead overlooking motorway, the speedo showed around 80 and eased off.
Received NIP with recorded speed of 80mph


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: Sat, 24 Nov 2018 13:44:44 +0000
Jlc
Any question? Will result in a course offer or 3 points £100 fixed penalty.
Ocelot
Have you been on a course in the last three years? That speed is 2mph into the speed they normally start enforcement, so unfortunate.
N1P
QUOTE (Jlc @ Sat, 24 Nov 2018 - 13:51) *
Any question? Will result in a course offer or 3 points £100 fixed penalty.


Sorry - Question was around the speed and if I had any recourse to challenge, especially being so close to the threshold.

Was sure my speedo was 80 or just over so either my speedo is wrong, their equipment is wrong or I miss-read and only looked once I'd eased off slightly.

I've done a speed awareness course in the past - 4.5 years ago so assume I'm eligible?
OUYSINEP
QUOTE (N1P @ Mon, 26 Nov 2018 - 11:36) *
QUOTE (Jlc @ Sat, 24 Nov 2018 - 13:51) *
Any question? Will result in a course offer or 3 points £100 fixed penalty.


Sorry - Question was around the speed and if I had any recourse to challenge, especially being so close to the threshold.

Was sure my speedo was 80 or just over so either my speedo is wrong, their equipment is wrong or I miss-read and only looked once I'd eased off slightly.

I've done a speed awareness course in the past - 4.5 years ago so assume I'm eligible?

You should be eligible for a course, its usually not offered if you have completed one in the last 3 years.

Challenging this would be entirely your own choice but in my opinion a foolhardy one, as I see no defence.
AntonyMMM
Quite likely that your speed was measured before you even saw the van and before you eased off and looked at the speedo (which probably does over-read).

The equipment is very accurate and difficult (and potentially) expensive to challenge.

You should be eligible for a course.
Jlc
QUOTE (N1P @ Mon, 26 Nov 2018 - 11:36) *
QUOTE (Jlc @ Sat, 24 Nov 2018 - 13:51) *
Any question? Will result in a course offer or 3 points £100 fixed penalty.

Sorry - Question was around the speed and if I had any recourse to challenge, especially being so close to the threshold.
Was sure my speedo was 80 or just over so either my speedo is wrong, their equipment is wrong or I miss-read and only looked once I'd eased off slightly.

Sorry, I'm not following - your speedo was around 80 or just over and the allegation is 80mph?

I presume the threshold you mean is the 79mph (as the normal point to prosecute)? (Even if you could show your speed was, say, 78mph it does not form a defence to exceeding the prescribed limit)
andy_foster
The purpose of the 10% +2mph guidelines is to ensure sufficient confidence that those prosecuted were actually exceeding the speed limit. If they prosecuted those recorded as doing 71mph and the margin of error was +/-2mph, then there is no certainty that they were actually speeding.
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.