NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2019
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M1-4434A J30 - J31 Northbound
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
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 - I have no recollection of speeding. I was certainly at the location on the day but as I drive approx 50,000 a year can't remember exactly - I'm sure I would have noticed going 7mph faster than everyone else and wonder if the overhead signs were actually showing 50 or 60.

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: Tue, 10 Sep 2019 14:58:32 +0000

If the cameras there are HADECS3 then when the main camera triggers, another camera set back before the gantry takes a picture of the visible signs. Ask for photographs to "help identify the driver" and they may well send the photographs.

Its very likely correct, but you could write and ask for photo's that will help confirm the drivers ID (don't ask for 'evidence) or similar language, those cameras are I believe the latest HADECS 3 that take a photo of the gantry as well.

As enforcement starts at 57 in a 50, you may only have been going 0.1mph faster than everyone else for you to be the only one caught.

That speed qualifies you for a variable speed limit awareness course in lieu of points if you haven't done that exact course in the last 3 years.

Thanks for the prompt replies. I know I'm probably grasping at straws but I would like to know that those that seek to prosecute me are following all the rules they have to and are doing it correctly.

If I get offered a variable speed awareness course would it have to be in the county of the alleged offence or could I attend one closer to home?

You should be able to do it anywhere in E & W except Dorset.

BTW "I would have noticed going 7mph faster than everyone else". You possibly weren't. There's no reason to imagine you were alone in being caught.

Or everyone else was doing 56 and not triggering the camera.

The only ‘rule’ is that they have to convince a court that you were speeding, beyond reasonable doubt, having notified the driver or registered keeper within the relevant timeframe.

I wrote and asked for photos which have now arrived - seems strange they don't include them right from the start.

The photos appear to clearly show a rear view of a vehicle that looks like mine, although they are not clear enough to be able to read the reg number. I guess I'm 'bang to rights' and will have to accept it. It will be my first transgression in well over a million incident free miles driven. I can't think how I missed the gantry sign but I guess I did. I just hope I'm offered the course rather than just being given points.

Thanks to the group for your advice.

Some forces do. (There's no legal requirement to provide them)


No reason why you wouldn't...

I've been offered a course rather than points. Luckily it's only a 10 minute drive from home. I've researched the company and they have 'mixed' reviews - some of their staff are reported as nasty arrogant people - I'll be giving as good as I get if that's the case, there is no need for rudeness or a superior attitude. Thanks again for the advice given.

They may be telling you things you don't like or want to hear, but I doubt they'll be unpleasant about it. Just bear in mind that if they think you're being abusive or disruptive they'll just kick you out and refer you back to the police - no refund for the course, and you'll get the points and fine as well. Probably best just to keep quiet and seethe inwardly if you find it annoying.

Yes, it’s possible to ‘fail’. Just be contrite and suck it up.

Reviews - lol!

Maybe their nasty arrogance was calling out a speeder on some self justifying nonsense. It is meant to be driver education, and they are expected to challenge dangerous myths and habits.

Maybe they really are nasty and arrogant. In which case you have three choices:
- sit there, suck it up, waste half a day, no points
- mouth off, be sent home part way through, 3 points
- save yourself the effort of attending and ask to change your punishment to 3 points