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FightBack Forums > Queries > Speeding and other Criminal Offences
taztaz
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2009
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): - A6010 Alan Turing Way Manchester
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? - 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 - the road is a dual carriageway between Asda superstore and City of Manchester Stadium
I believed this was a 40 mph zone and was travelling at exactly 40mph - according to the NIP this is a 30mph zone
There are only houses/flats on one side of the road further up from where the 'alleged offence' took place.
I saw the mobile camera van in the centre of the road between both carriageways


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, 21 Jan 2009 20:19:15 +0000
taztaz
Ive just found this

http://www.speedcamerasuk.com/database/NWGM/nwgm131.htm

am i guilty of speeding??

Any suggestions on how to proceed

Many thanks in advance
nemo
Are you aware of a change of speed limit along the road in question ?

Is it at all possible that you were actually pinged in a 40mph limit ?

And what made you think that you were in a 40mph limit ?

If the answer to either of the first two questions is 'yes', then you could always write and ask for 'copies of any photographs which may assist with identification of the driver'. Whilst the police / SCP are under no obligation to send you anything at this stage, most forces are generally happy to pop a snap or two in the post if they feel that meaningful correspondence is taking place. And the photo(s) they [should] sent will allow confirmation of exactly where you were actually pinged.
taztaz
Hi
thanks for the pointers

The road in question is a dual carriageway with limited housing on one side of the road (roughly 1/2 mile away)
So we thought that the road was a 40mph

My speed was exactly 40mph - I dont know of any change in the limits
Its a route I take at least once a week to the super store - and I spend no more than a mile on Alan Turing Way as I prefer the short cuts thro to the store. I dont actually think I pass a speed limit sign ont he stretch of road I travel on - can i use that as a mitigating fact?

Many thanks
nemo
QUOTE (taztaz @ Wed, 21 Jan 2009 - 21:17) *
The road in question is a dual carriageway with limited housing on one side of the road (roughly 1/2 mile away)
So we thought that the road was a 40mph

Assumption being the mother of...

If there exists a system of street lighting, then an absence of any speed limit 'repeater' signs would tend to suggest that the road is subject to a 30mph speed limit.

QUOTE (taztaz @ Wed, 21 Jan 2009 - 21:17) *
I dont actually think I pass a speed limit sign ont he stretch of road I travel on - can i use that as a mitigating fact?

You should really re-visit the scene of the crime and obtain facts about the speed limit signage along that stretch of road.

In the meantime, you could start genning up on the relevant speed limit signage requirements.


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