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FightBack Forums > Queries > Speeding and other Criminal Offences
honestguv
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - March 2009
Date of the NIP: - 10 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Bracknell Road, Maidens Green
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
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 took a detour coming into work one morning to avoid roadworks. In 17 years of driving I have never been caught speeding nor had any points on my licence, so I was surprised to get an NIP for an alleged 36mph in a 30mph zone, especially as I did not notice a speed camera or police car.

The exact wording in the NIP is "EXCEED 30 MPH (MANNED) 36mph".

I returned to the road recently and saw no sign of a speed camera. If there was a manned police car on the day of the offence then he was not clearly visible.

Do I have any grounds to appeal? Can I ask for photographic evidence before supplying the required information and incriminating myself unnecessarily...

Your help is much appreciated
thanks

honestguv


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: Mon, 13 Apr 2009 09:51:55 +0100
southpaw82
"Manned" is likely to relate to a camera van. There is no requirement for them to be visible. You can, if you wish, write to the police asking for photos to assist you in identifying the driver, nothing more and nothing less. They do not have to send them to you but usually will. This request does not relieve you of your obligation to reply to the s. 172 requirement within 28 days.

At the speed alleged you may well qualify for a speed awareness course.
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