NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2009
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M4 junction 35
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
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 travelling east on the M4 doing about 65-70 for about 8-9 miles, I overtook a vehicle in the central lane and accelerated in order to get past him. I came over a slight rise in the road and spotted the mobile camera vehicle on the bridge as i de- accelerated and returned to the centre lane. I knew I was doing more than 70 ( my gps - tomtom was suggesting 80) at the point of overtaking. But I returned to the speed limit immediatly I over took the vehicle.

I also have a speed warning device fitted to my car ( vw golf) set at 90 mph which did not operate. I was also on medication at that time which causes diarrhoea and was in a panic to get to the next service area.

I have wrote to the Police asking for copies of the photos. They sent me 3 x b&w copies with only one ( the farthest away ) which suggests I was travelling at 92 mph ! no way ! the other 2 photos shown me driving but the speed has been blocked out.

Is it worth asking for the speed to be shopwn on these photos ?

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? - Wales

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, 24 Feb 2009 14:46:21 +0000

Wash off the ID and Reg Number and post it in your thread using the instructions in the FAQ section and others will advise on the quality of the ping and any potentail errors. My Audi has this facility and it you set it for 70 the car is doing 75 before it actually triggers. The value declared on the postage is dicounted first class.Pete D

Although you have not clearly identified the speed it is alleged you were doing you seem to indicate that you were doing 92mph. At this speed there is every chance that you will be offered a fixed penalty (£60 + 3 points). However, there remains a chance that a summons will be issued. In the case of the latter eventuality then you would be liable at court (on conviction based on a "guilty" plea), a Band B fine (125-175% of your "relevant weekly income" = gross minus tax and NI) and 4-6 points OR a short term ban of between 7 and 28 days. To all of this you would need to add an order for costs - typically £45-50 - plus the Victim Support levy of £15. Faced with this a fixed penalty may seem a better financial choice.

At this stage in proceedings you are not entitled to sight of any of the prosecution evidence and the photographs you have received have almost certainly been disclosed to "assist you to identify the driver at the time". It is most unlikely that you will be offered anything further as far as an indication of the speed is concerned.

Your immediate concern, I suggest, should be in ensuring that you respond to the Sec. 172 notice (the "reply" section of the NIP you have received) within the 28 days allowed. Failure to respond - by identifying the driver or admitting that it was you - may render you liable to a substantial fine (£300 is typical) and 6 points and the acquisition of an MS90 endorsement which is as popular with insurers as a torpedo in a swimming pool.

Your condition may provide you with some measure of mitigation (a la Alex Ferguson) if the matter was to progress as far as court but without his very expensive legal representative to sell the point to the magistrates it may not make that much of a substantial dent in the sanction imposed.

Thanks guys for the response so far!!

heres the link to the pic



I hope that works

If not please advise !

regarding my speed - Its difficult to say - but as I only accelerated to overtake - about 75-80 ? so yes I was over the limit which I admit but no way I was doing 92mph for any considerable distance - the pic shows me at 580 metres but is very poor and was taken at a strange angle in that I was on the eastern carriage way while the SC appears to have been over the western carriageway. As you can see I had my lights on which is automatic on my golf but I wonder if thats what drew the operators attention.

regards

That angle is suely outside the ACPO code of practice but probably inside the 10% offset the Manual suggests. Beware you left the ID number dtate and time in the shop and admitted to speeding, not ideal, there are others that read these threads. Go back and edit it. Pete D

as amended



how could you prove the offset?

You would have to and measure the position of the van compared to the lane you were in. You know the range. However that does not mean they will bend over and your detected speed 'may' be correct. Others may comment on this angle. Pete D

thanks Pete

you what though as I think about it the van was actually parked over my carriageway - maybe slightly central to both - the angle of the shot is far greater than that of where the van was - do they do this sort of thing? ie remotely use the cam away from the van?

How would I be able to get access to the calibration data?

Mid & South Wales SCP calibration certificates can be viewed here.