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Full Version: [NIP Wizard] I THINK THE COPPER MISSED THEM AND TRANSFERED IT TO ME
FightBack Forums > Queries > Speeding and other Criminal Offences
les58
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2007
Date of the NIP: - 2 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): - M180,BELTOFT.
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? - 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 - I WAS TRAVELING EAST ON THE M180 AT 12.45 IN THE AFTERNOON THE WEATHER WAS DRY , BRIGHT AND CLEAR, OTHER TRAFFIC ON THE ROAD INCLUDED THREE YOUNGSTERS ALL WITH BASEBALL CAPS WEAVEING IN AND OUT OF THE TRAFFIC IN THERE THREE CARS AS THEY CAME UP TOWARDS ME I WAS INDICATEING AND PULLING OUT TO OVER TAKE A WAGON IN THE INSIDE LANE, AS I PAST THE WAGON THE THREE SHOT PAST ME. LOOKING TO MY LEFT TOWARDS THE HARD SHOULDER I NOTICED (AT THE LAST MINUTE) ON THE RAISED MOUND MARKED ( POLICE PATROL VEHICLES ONLY) A VAN MARKED WITH CHEVRONS AND THE WORDS ENVIROMENTAL CAMERA VAN. IMEDIATELY I LOOKED AT MY SPEEDOMETER WHICH WAS READING 71MPH MY ROAD ANGEL WAS READING 69MPH SO I WAS MORE THAN SUPPRISED TO RECIEVE A N.I.P ANY HELP WOULD BE GREATFULLY ACCEPTED. PS THE RAISED MOUND I SPOKE OF IS HIDDEN BY TREES UNTILL THE LAST TWO HUNDRED YARDS. LES.58

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, 15 Jan 2008 20:43:13 +0000
bama
As speedo all overread it look like you were not speeding.
My bet is that this was an LTI laser gun (take a look at the "The whole 109 yards" thread among others..
You will have to request the video.
Check out the Obtaining the Evidence FAQ
mr2gti
Hi folks, i'm Les' son.

Right, need a few things clearing up, just to help him on his way....

All evidence and alike was request, calibration certificates, the lot.

All the came, was 2 photo's. One with a speed reading and usual LTi Info. Blurred car and BLURRED number plate.

2nd was a photo close up, with a sharper focus, this shows my fathers car with correct plate. This had NO speed on it.

FIRST PICTURE has the centre of the photo, lining up the crosshair lines, to the CENTRE BOTTOM of the front number plate which has been seen to provide false readings in the past.

The biggest issue I have, is the severe lack of information that the Police have provided. He HAS pleady not guilty for the obvious reason that he wasn't speading, the road angel is used for a precise speed readout as he travels a lot.

Any more advice folks will be greealy appreciated.



bama
(take a look at the "The whole 109 yards" thread among others..
You will have to request the full session video - this will involve a hard fight so gird your loins.
Check out the Obtaining the Evidence FAQ.

As you are sure no actual speeding was involved it is highly likely a 'dodgy session' so press hard and true for the full session video. CPS will fight tooth and nail (and dirty) not to reveal it but you are entitled to it. The usual laughably feeble excuses reasons trotted out by the CPS are well documented here plus the required responses. the mags and the in Court Legal Advisor have a habit of nodding through the CPS's 'arguments' for non-disclosure as if they were valid, they are NOT valid.

the choice is yours fight or fold. if you are going to fight you have some reading to do but by the sounds of it you have every chance of prevailing if you put the work in. Don't forget it will be you in court not us so you have to be prepared.
Those that prepare well in circumstances such as yours seem to prevail.
les58
Thanks very much bama I will be trawling through everthing I can tonight as I am in court tomorrow.
I think I have found a good bit of information so far just need the finer bits .. I rang the court today and spoke to a young lady about my rights to evidence ie: calibration certs, training certs and video evidence that I had requested some months ago but only recieved two photographs which my son has explained. She her self rang the C.P.S asking the why no Disclosure and she too was fobbed off by the duty lawer . She advised me to attend court as normal tomorrow and see if the C.P.S brings any evidence extra with them, if so I am to address the bench and ask for a dismissal because of the lack of disclosure.
Am I being advised right.???
jobo

Confused Your nip wiz says the offence was jan 07 did you mean 08



Have you had the pre trail hearing yet if not that will be tommorow event


If this is the real Trial, you should have had any info they intend to use to convict, or any you have legitimatly requested ( at the pre trial hearing or letterS) ect 7 days before the hearing. that means for thier evidence they can only use what they sent to you (the photos ) dont let them read statements, show videos ect

With regard to your evidence you can ask for a dismissal for failure to allow you a fair trial) ( abuse of process) maybe youl get it mabe a postponment


good luck

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