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Full Version: [NIP Wizard] Don't think I was speeding at the time
FightBack Forums > Queries > Speeding and other Criminal Offences
lep
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2009
Date of the NIP: - 15 days after the offence
Date you received the NIP: - 16 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A1134 Trumpington Road, Cambridge (Southbound)
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? - 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 -

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, 02 Apr 2009 14:09:26 +0100
jobo
a bit more info would be good

please confirm you are the rk and have been for some time and the date of issue of the nip being 15 days after offence
lep
Additional information:

I acquired the vehicle the previous day (Friday).
The vehicle was still registered under the previous owners name at the time of the offence.
The V5 registration form was sent off on the day of the offence (Saturday) to confirm change of ownership to my name.
On the day of the alleged offence, i was driving home to London from Cambridge, i do not remember driving at the stated speed (41 mph) at the time but it was a while back so it would be my word against theirs.
This is the first time i have ever had a NIP sent to me, I currently have a clean driving License.
The NIP was first sent to the previous owner of the vehicle who subsequently contacted me for my Address. He filled the form in to notify them that I was driving the car at the time.
jobo
right so that 41 mph, in a 30 limit ?

fixed or mobile camera ?
lep
They do not specify on the notice but i don't recall any mobile units at the time so must be fixed. The notice also states 'This allegation is supported by photographic evidence' in bold caps.

Pete D
OK the NIP is valid, you can write to them and ask for any photo's that help you identy the driver. No Not elaborate or use the words evidence or proof. When you have the photo's you can wash of any ID and reg and post them in your thread using the instructions in the FAQ section then others can comment on the accurate of the ping or and potential error. It is not your word against theirs, they used an approved, calibrated device to detect your speed after forming a prior opinion that you were speeding. Requesting the photo's does not stop the 28 day clock. Pete D
lep
Many thanks for the advice, what can i do if they do not send the photos within the 28 day period?

I intend to send the following:

Date
Ref

Dear Sir/Madam



Please send me any photographs in your possession that can be used to help identify the driver of the vehicle at the time of the offence. Many thanks.

vw driver
Asking for photos do not stop the 28 day clock... You have to return the S172 notice saying who was driving (legal obligation) (Also: leave this as late as possible, send on day 25, recorded delivery). As you seem sure it was you, you should complete this with your details. If you get the pics, post them here, more experienced users may see an error with the "ping".

VWD

Edit: That letter looks fine.. send this asap!
Catweazle
QUOTE (lep @ Thu, 2 Apr 2009 - 14:41) *
Many thanks for the advice, what can i do if they do not send the photos within the 28 day period?


Fill in the form and send it back to them before the 28 days are up.
Pete D
They do not have to send photo's but usually do. It sounds as if this is a fixed camera so you will be able to measure the distance travelled in the alloted time ( 0.5 or 0.7 seconds ) and work out your speed. You will need to find out the spacing of the markers so if they are local to you then have a quick measure, either 5 ft or 2 metres or if a RedSpeed unit then 1 metre. Pete D
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