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Full Version: [NIP Wizard] NIP for doing 38MPH in a 30MPH zone
FightBack Forums > Queries > Speeding and other Criminal Offences
Markymark40
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2008
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Bow Road E3 East of Harley Grove E/B (1567)
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 - I was riding my motorcycle home on 03/09/08 when I was flashed by a speed camera at approximately 8.30pm. The NIP states that I was doing 38MPH in a 30 MPH zone. Here is the sequence of events just prior to being flashed..........

- I stopped at some red traffic lights (200 -300 metres before the camera). I was on my motorcycle and when I stopped at the lights I was between 2 other vehicles, a transit van to my right and a car to my left (the road was wide enough for 2 vehicles, but I don't think there were any lane markings).
- When the lights turned green I accelerated away from the 2 vehicles and moved to the right side of the road doing approx 30MPH. The road ahead was completely clear.
- The transit van caught up with me after approx 100 metres
- The transit van seemed to be right on top of me i.e from checking my mirrors I would guess that the vans front bumper was only a metre or so away from my rear wheel. The van was driving in a straight line and was not reving agressively, however the situation still made me feel unsafe.
- I would like to have moved to the left side of the road, but the car that had been at the lights was only just behind the van so I didn't think it was safe to do so.
- Instead, I accelerated slightly to get ahead of both vehicles so that I could then pull over to the left side of the road
- I was now probably 5 or 6 metres ahead of the vehicles behind me and was about to pull over to the left side of the road when the camera flashed me
- I didn't realise that there was a camera until I had been flashed. I think this is because I was concentrating on first getting away safely from the traffic lights and then on the van which in my view was following me far too closely
- I didn't check my spedo but I suppose I must have been doing 38MPH

Does anyone think I have any grounds to dispute this?


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, 30 Sep 2008 17:58:08 +0100
southpaw82
What you've said is not a defence to speeding.

Write to them asking for photos that may assist with the identification of the rider. This may allow you to see if the camera was operating correctly. Don't ask for evidence. Make sure you reply to the s. 172 notice within 28 days.
Markymark40
Hi

I'm wondering if I can avoid a fine and points due to mitigating circumstances.

I have received an NIP which states that I was doing 38MPH in a 30 MPH zone. I was flased by a fixed camera. I have not replied to the NIP but I must do so in the next few days otherwise I will be outside the 28 day limit.

Here is the sequence of events just prior to being flashed..........

- I stopped at some red traffic lights between 2 other vehicles.
- When the lights turned green I accelerated away from the 2 vehicles and moved to the right lane doing approx 30MPH. The road ahead was completely clear.
- The vehicle behind me caught up with me after approx 100 metres. I estimate that the vehicles front bumper was only a metre or so away from my rear wheel which obviously made me be a bit nervous.
- I would like to have moved to the left lane, but the other vehicle that had been at the lights was not far behind so I didn't think it was safe to do so.
- Instead, I accelerated to get well ahead of both vehicles so that I could then pull over to the left lane
- When I wast 5 or 6 metres ahead of the vehicles and about to pull over the camera flashed me
- I didn't realise that there was a camera until I had been flashed. This was because I had been concentrating on getting away safely from the traffic lights and then on the vehicle which was was following much too closely behind me.
- I didn't check my spedo but I suppose I must have been doing 38MPH

When I return the NIP form I suspect I may get 3 points and a fine, so can anyone advise on the following.....

1) Do I stand a good chance of avoiding a fine & points due to mitigating circumstances i.e. The only reason I got flashed was because I accelerated away from a vehicle which was following too closely behind me
2) If the answer to 1) is yes then what is the best way to proceed. e.g. write a letter and return with the NIP, return NIP and if response from the police is points and fine then write the letter, argue the case in court etc.

Thanks
southpaw82
You can only avoid the punishment if you have a defence - your mitigation is not a defence. The police may exercise discretion but I doubt it.
Markymark40
Ok, thanks. So basically I should just return the NIP form and wait and see. If it's 3 points & a fine then I should just accept that and pay up?
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