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Full Version: [NIP Wizard] Variable Speed Limits M42
FightBack Forums > Queries > Speeding and other Criminal Offences
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2008
Date of the NIP: - 75 days after the offence
Date you received the NIP: - 77 days after the offence
Location of offence (exact location as it appears on the NIP: important): - m42 between junction 4 and 3a
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? - hire car
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 was travelling along the M42 southbound towards the M40 to London, this section on motorway is controlled by the Variable speed limit, all the way along this section of road I followed the changing/variable speed limit's so it was a shock to get a NIP saying I wat travelling at 68mph in a 50mph zone time 1744 on a Sunday, I had travelled down from Glasgow and passed through a few average speed camera zone on route which I adjusted my speed to comply with. Do they keep records of what the speed was at the time on that section of road as I thought doing 68mph on a motorway is 2 mph below the 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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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: Fri, 15 Aug 2008 12:02:11 +0100
The Rookie
Well either you were driving an HGV with a speed limit of 60, or they think you were in a temporary/variable limit when you were pinged!

QUOTE (The Rookie @ Sat, 16 Aug 2008 - 14:38) *
Well either you were driving an HGV with a speed limit of 60, or they think you were in a temporary/variable limit when you were pinged!


I was driving a car at the time, I know that this section of the M42 is controlled by the Variable speed limit but this was the last part before it end's and I had followed the instructions and reduced my speed all the way through so when I got a NIP I was very, very surprised
They will be able to show that the speed limit was set at 50 if that was the case. Write to them requesting that part of the evidence.
The Rookie
Or at least ask for photo's to help confirm the drivers ID before you respond to the NIP, any request for evidnce will be ignored as your not entitled to it.

If you've responded to the NIP already naming yourself (as seems likely from the dates) then you will have to either accept the FPN or go to court and ask for the evidence then.

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