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Lotti
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 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): - A533 Queensway Widnes, >>Speke
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 - Road is dual carriage way with speed limits varying from 70 to 40mph. Changes have been made to limits in certain parts of this road. At no point did I see a manned camera. The NIP says I was recorded at 57mph in 40 section. It was saturday afternoon traffic was heavy and I wouldn't have been able to do this kind of speed. I believe I was in 70mph part of road.

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, 16 Apr 2009 14:13:47 +0100
davepoth
It doesn't hurt to write to the scammers asking them to "Provide copies of any photographic material you have that may aid in the identification of the driver at the time of the alleged offence". Don't use the word "evidence" at this point as it can make them a little huffy.

The reason behind getting these photos is that it may show that there was an issue with the speed reading that was taken.
Lotti
Thanks for the advise. I'll give it a shot. I've been told not to hold my breath over receiving the photo's tho as I was under the impression that a Not Guilty plea had to be entered before they'd do this. But it's worth a go!

Can someone clear something up for me - the NIP says "contrary to Section BLAH BLAH & Local Order" does this mean that there has been an order to change the speed limit on a stretch of road ie from 70 to 40mph? If so, could this be a viable defense for me?

The NIP isn't very specific about where the Manned camera was ie east or west bound, and the stretch of road is a few miles long. Could this be of any advantage to me?
Also they've used a * in the spelling of my name - does anyone have any thoughts on this?

Thanks for any help you can give me!!
davepoth
There exists such a thing as a "vague locus" defence, which can be used when the location of the offence has not been made clear (i.e if the description on the NIP only narrows down the location to a several miles long stretch of road) . Would it be possible to show us a map of the road? (in google maps or something)

The use of a * to spell your name isn't of all that much use, the NIP is effectively validly addressed if you knew it was for you and opened it I believe.

So far as I can tell the A533 (and Queensway) finishes at the roundabout on the north side of the bridge, before the A562 starts. It may be worth getting a copy of the traffic order from the council to see what it says.
Pete D
The Locus does not appear vague the road is quite specific and only a mile and a quarter long and some of that is in Runcorn.
http://maps.google.co.uk/maps?hl=en&q=...W_w&split=0
Pete D
davepoth
QUOTE (Pete D @ Thu, 16 Apr 2009 - 16:26) *
The Locus does not appear vague the road is quite specific and only a mile and a quarter long and some of that is in Runcorn.
http://maps.google.co.uk/maps?hl=en&q=...W_w&split=0
Pete D


I've just been looking at the OS map for the area and it doesn't mark the road as the A562 until several miles further to the west, the inference being that it is the A533 for much further than it is. It'll be interesting to see what the pictures show.
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