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Full Version: [NIP Wizard] FLASHED ON M6 DOING 70 MPH
FightBack Forums > Queries > Speeding and other Criminal Offences
pushymushy
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: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - m6 jct 35 kellet bridge roadworks 50 mph n carnforth b div static
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 - I WAS DRIVING AT 70 MPH AT ROADWORKS WHERE 3 LANES WENT TO 2 WHEN I WAS FLASHED FROM BEHIND

THERE WERE NO SPEED CAMERA WARNING SIGNS OR ANYTHING TO SAY SPEED LIMIT SHOULD BE LOWER THAN 70 ON MOTORWAY.I WAS SURPRISED AND THOUGHT MAYBE THE FLASH WAS FOR THE OTHER SIDE OF THE MOTORWAY (SOUTH LANE). MY WIFE WAS WITH ME AND SHE DID NOT SEE ANY WARNING SIGNS EITHER



FURTHER NORTH UP MOTORWAY THERE WERE WARNING SIGNS WHICH I COMPLIED WITH


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: Fri, 30 Jan 2009 17:43:50 +0000
southpaw82
Are you saying there were no 50 mph speed limit signs prior to the camera? If so, I suggest you go and get photographic proof of this.
glasgow_bhoy
Also request a log book from the company who were responsible for laying out the speed limit signs, as the situation may have been corrected by the time you get the oppertunity to take picutres
Mr Smooth
I went past there yesterday and there are plenty of warning signs for the roadworks and the 50 mph limit, and there are three speed cameras on either side of the carriageway in the roadworks, and there are plenty 50 mph repeaters and speed camera signs.

So if you go up there now I think you will be disappointed if you are looking for evidence to the contrary.

I did count at least ten people going past me at at least 70 mph though, so I am sure they will be joining you..

Sorry


daveboy
As a new user to the site I have read quite a few threads and have to say there are many like these.

Whilst I am all for finding loopholes, I am also all for prosecuting people who get caught and then appear to make things up (lie) to people on here.

As for the above user who said sorry to the OP - why be sorry. It's the OP who got flashed and will have to cough up.
southpaw82
I think you'd have to be careful of accusing the OP of lying. Not seeing any signs is not lying - it's inattention. A lie is a deliberate mistruth.
slowerdriver
Firstly, to avoid any doubt - I agree with southpaw82 that there is zero evidence the OP had any intention to deceive.

QUOTE (southpaw82 @ Fri, 30 Jan 2009 - 23:03) *
A lie is a deliberate mistruth.

southpaw82: Ummm, it isn't that easy. *Unless you wish to distinguish "mistruth" and "false statement".

Say I have exactly 2 different pencils in my pocket, and I know it.

I tell you "I have 1 pencil in my pocket." A lie? Of course not, for reasons already explained.

Instead, say I tell you "I have 3 different pencils in my pocket". A lie? Of course.

But now imagine that before I said "I have 3 different pencils in my pocket" a third party had - unbeknownst to me - inserted an extra pencil into my pocket. Note: 2+1=3.

Am I still lying? Not by your definition, southpaw82, as it isn't a mistruth*, whether it is a deliberate one or not is irrelevant.

There's a further twist. Are any of the statements lies, if it was obvious to you and I knew it was obvious to you how many different pencils were in my pocket at any given time?

There is a natural inclination to make the very act of deception that which is deemed a crime. Very understandable - but that's a short, steep slippery slope to thoughtcrime, IMO, and its drawbacks outweigh its benefits. I belong to the camp that says the man who decided to kill his sleeping wife, and chopped her head 'orf, who only later discovered (from the autopsy) that she'd died of natural causes an hour before he'd wielded the axe, can't be charged with murder. And manslaughter is obviously inapplicable.

I'm an expert on these types of subject. I leave it to others to speculate which types these are. wink.gif
southpaw82
Sorry, I just work off the law tongue.gif
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