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FightBack Forums > Queries > Speeding and other Criminal Offences
r0bertb00th
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2008
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 12 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A40 Western Ave Ruislip jw West end RD EB
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? - NA
How many current points do you have? - 6
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 doing 68 on the A40 towards Northolt at 09:29 on the Sunday morning, there are no cameras so I can only guess I was picked up by Gatso on the polish war memorial, I actually I thought it was a 70 speed limit as the national speed limit signs are displayed, I have since discovered that as it is an A road the limit should be 60 which still doesnt explain why my NIP says 50 limit

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: Thu, 03 Apr 2008 09:18:22 +0100
jobo
were you driving a van

the limits lower for some ie big vans
martinbiz
I am not familiar with that stretch, but if it has NSL signs, and it is a dual carriageway A road with a defined central reservation then the limit is 70 for cars and 60 for vans/commercials upto 7.5t.

Are you sure there were no temp signs up for works etc as this obviously overules the NSL signs

What type of vehicle were you in.
r0bertb00th
I drive a BMW
The Rookie
In that case, if you are correct in saying there are NSL signs there, one of two things has happened
1/ The film has come from a different Gatso in a 50 limit and they've loused up
2/ They've loused up in thinking the limit is 50 not 60.

Is it an X5 they may have been detected as a commercial vehicle by the size of its radar return?

I would suggest writing and ask for "photo's to help ID the driver", it may highlight where the alleged offence occured, at worst you get a souvenir (don't ask for evidence), post back when you have the pic'.

Simon
r0bertb00th
Thanks for your help, its a 3 series bmw I have asked for the photographic evidence
nemo
Is this relevant, perhaps ?

QUOTE (Transport for London)
On the night of 27/28 May 2005, the speed limit on the A40 between the Polish War Memorial and the Target roundabouts will be reduced from 70mph to 50mph in both directions.

The speed limit on the off-slips to the Polish War Memorial roundabout will be reduced from 70mph to 30mph.

The new speed limits will be clearly signposted.

This is the last in a series of measures undertaken to improve safety at and under the Polish War Memorial roundabout, where the A40 Western Avenue and the A4180 West End Road meet.
Robbo22
Drive it nearly every day. Unfortunately it is definately a 50 mph limit and its signposted. Easy to miss though if you aren't used to the area (road doesnt change atall, still 3 lanes, central res etc). M40 leads changes into the A40 after the Denham roundabout junction and its NSL 70mph*. It changes from NSL to 50 somewhere between the Hillingdon exit and the Polish War Memoiral on the A40.

Very often a scamera van or police unit sat on the roundabout at the PWM too.

*Is currently 40mph restricted (with SPECS) due to roadworks/bridge repairs, but this is just for current info, no use to your case im afraid.
RussWWFC
I think I've been "done" then. I was driving down there to Greenford the other day, guess I was doing 60 in that 40 section.

I saw the "40" limit signs, but as far as I can recall there were no "Average Speed Check" warning signs and I was just keeping pace with the other traffic. However at the end of the roadworks I noticed the signs and also what would have been the 2nd set of SPECS. I didn't see the first ones until travelling back the other way. There were no workmen on the road at the time, despite it being 11am. Coming back on the other side they had the warning signs, plus I noticed there was 2 sets of SPECS on each side
r0bertb00th
Ive had the picture through but you cant tell its me any ideas?
Pete D
Well who else could have driven your car along that road that day. ?? You also asked for 'evidence' a complete NO, NO you ask for photo's to help identify the driver. Were the photo's from the front or rear. ??? Pete D
r0bertb00th
could be me or the wife

pic is front on
Pete D
Ask again and do not mention evidence. there is normally a shot much closer in the head on shot. Pete D
r0bertb00th
I called them again today, they do not have any other pic and said it would be refred to magistartaes if I cannot confirm the driver
jobo
why are you calling them
you should write in order to build your paper trail for reasonable dilligenge
Pete D
I have been away, but why have you not made an appointment and viewed the section of video that you car is displayed. Time may have run out now. Peter D
r0bertb00th
Sorry for sounding incredibly thick but I dont understand what you mean by makig an appointment, all corerspondnace has been over the phone direct they have been fine about and have suspended until further notice, the latest is they have no other photos and have said I need to go to magistrates as I cannot provide whom the driver is?

please help????
r0bertb00th
any1?
jobo
coz sooner or later you are liokley to end up in court for failing to provieded driver details

and you are going to have to show reasonable dilligenge

a paper trail showing that you have id both possible drivers, outlined why you find it impossible to declare who was driving and and what steps you have taken to verfy the driver will all be exspected if you wish to show RD

I know its quicker by phone but it makes prooving conversation difficult, if you are going to do it thent follow this up with letters

part of that will be going to see the vid to see if this gives more info than the stills you have been sent

to do this you make an appointment and go and sit through the 10 secs or so of your ping to see if this gives a better view and allows you to determine who was driving
r0bertb00th
Ok thanks im gonna write evrything down and post it recorded today, how do i get to go to the viewings?
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