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Full Version: [NIP Wizard] Exceeded 30mph limit on dual carriageway????
FightBack Forums > Queries > Speeding and other Criminal Offences
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2008
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Western Approach (North Opp Oxford Pl North Cross Roundabout Plymouth Devon
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 - First visit to Plymouth and trying to find my way out of unfamiliar town. Tracked by unmanned camera as doing 40mph in northbound alleged 30mph dual carriageway, this with a wide grassed central reservation (as shown on Mapquest near the northern tip of the Dual Carriageway "triangle" that surrounds the Town Centre. The road is street lit, but I saw no evident 30 mph signs.
Time was 07.47 am on Saturday morning, road near deserted and weather bright and dry. Can't believe that 30mph would apply based on Highway Code! Any grounds for appeal?
Many thanks....

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, 16 Oct 2008 20:28:55 +0100
go back and check the signs
sorry but you will not get out of this one. if you look at the highway code, above rule 124, there is a table of speed limits, and if you notice the star below the table, it states "the 30mph limit applies to all traffic on all roads with street lighting unless signs show otherwise. This rule applies to dual carriageways as well.

click here
thats not strictly true

theres all sorts of potenial issues to either get it beat or go for special reason not to endorse

if he come out of a higher limit they are abliged to tell you of the change of limit, so youve got at least intill the first reapeater would be

thats aside from the fact the street lighting has to be the right spacing, or there may be a defective rto

at the moment we dont know if there were signs or not , just that the op didnt notice them
Thanks everyone.

I don't think there was a higher limit previously, I was just out of town centre shops: and lights appeared to be no more than 200m apart.

So it doesn't look too hopeful.

My best advice, shun plymouth city centre by car unless you have to enter - its a motorist rip-off......

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