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FightBack Forums > Queries > Speeding and other Criminal Offences
ntrichardson
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 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): - A444 Weddington Road, Nuneaton. Southboand.
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 - Traveling in traffic, I saw the camera ahead and made sure I was not exceeding the 30 mph limit. I was monitoring my gps unit through the marked area and at no point did it register more than 30mph. I was therefore surprised to get flashed by the camera. I looked at my speedo which was a little above the 30mph. I am convinced I did not exceed the limit through the camera.

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: Wed, 12 Nov 2008 21:06:32 +0000
Pete D
I suggest you write to them and request any photo's to assist you in identifying the driver. Do NOT elaborate or mention the words evidence or proof. When you get them you can wash off any IF and post them in your thread and others will no doubt use the markings and calculate your speed for you. If this indicates an error of more that 10% then you may get this dropped. If the camera is local then it will help if you measure the marking to establish if they are the old 5ft ones or the newer 2 metre markings. Pete D
ict_guy
It wasn't a 20mph limit by any chance was it?

ntrichardson
QUOTE (Pete D @ Wed, 12 Nov 2008 - 21:13) *
I suggest you write to them and request any photo's to assist you in identifying the driver. Do NOT elaborate or mention the words evidence or proof. When you get them you can wash off any IF and post them in your thread and others will no doubt use the markings and calculate your speed for you. If this indicates an error of more that 10% then you may get this dropped. If the camera is local then it will help if you measure the marking to establish if they are the old 5ft ones or the newer 2 metre markings. Pete D


Thanks for the reply, I've just read through other peoples posts and realised this is the first step. Unfortunatly I live about 100 miles away from the camera, but I am so convinced it is incorrect that I am prepared to make a journey to measure them!

So the questions I have are;

If I request the photographs to identify the driver, does the whole process of sending, receiving, checking and returning the NIP have to be done within the 28 days?
If I opt to go to court and are found guilty, what would a typical fine be?

QUOTE (ict_guy @ Wed, 12 Nov 2008 - 21:24) *
It wasn't a 20mph limit by any chance was it?


No, that was my concern, but it the NIP definitely states 30mph limit.
ict_guy
QUOTE (ntrichardson @ Wed, 12 Nov 2008 - 21:29) *
So the questions I have are;

If I request the photographs to identify the driver, does the whole process of sending, receiving, checking and returning the NIP have to be done within the 28 days?
If I opt to go to court and are found guilty, what would a typical fine be?


You have to reply to the 172 within 28 days,naming the driver. Everything with the photos must be done within this time.

If found guilty in court, you can expect to pay £130 ish. Plus, you'll need to take time off work and travel etc etc
Ocelot
Warwickshire offer speed awareness courses, which you almost certainly will be eligible for if you haven't attended one recently.

http://www.warwickshire.gov.uk/Web/corpora...0256D75004DECCD

The offer will only come if you return the NIp within the 28 days.
ntrichardson
QUOTE (Ocelot @ Mon, 17 Nov 2008 - 17:54) *
Warwickshire offer speed awareness courses, which you almost certainly will be eligible for if you haven't attended one recently.

http://www.warwickshire.gov.uk/Web/corpora...0256D75004DECCD

The offer will only come if you return the NIp within the 28 days.

Cheers for the advice, I will see if I get a response from my request for the photo's first and then decide what to do.

I just don't know if I could sit in a room being patronised by some ignoramous without opening my mouth and putting my foot in it!
cabbyman
The course I went on in Hampshire was quite good. They went out of their way not to be judgemental and patronising.

Certainly better than 3 [more] points!!
The Rookie
Long time since I went to Nuneaton, but I can't believe that stretch of the A444 would be a 20 limit or Zone.

Simon
ntrichardson
Just got my photo's, if someone wouldn't mind doing the honours for me I'd appreciate it.

cabbyman
You need to keep an eye on your s172 deadline.

What's the advice, folks? Should he now reply to s172 asap?
The Rookie
Thats 4 lines (using the back wheels as datum) in 0.5 seconds, assuming 2meter spacing, 16 metres a second is 57kph, or about 35mph.

Some lines are spaced 5 feet, which would drop the speed to 27mph, best get your tape measure out!

Simon
ntrichardson
Many thanks for checking. I guess the best I can hope for is an invite to a speed awareness course.
It certainly makes the item won on ebay that I was picking up not such a bargain. Last time I trust my sat-nav as well!
desktop_demon
As a "guestimate" the photos seem to corroborate the radar reading. I concur with Rookies calculations. The second photo is not the best quality but it does not suggest anything too far out of specification. This is the second gatso photo I have seen with a cycle lane on the nearside. I remember reading somewhere that the gatso should be positioned no more than 3 metres from the road. if you check the line spacing - might be worth telling us what the gatso to the road lane (not cycle lane) distance was. Always nice to know!

But unless you feel very aggrieved by the circumstance I don't see much to challenge here.

edit: yes I agree with bama and Rookie - ALWAYS worth checking the details - if the line spacing was 5ft your speed would be a lot less than 35.
bama
unless the lines have been painted 5 feet apart....

apparently SERCO/whatever do sometimes screw up the installation or so I have heard...

woth a check if you can do without being run over. don'l mess about with a tape. cut a 2 metre stick and mark it up.
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