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FightBack Forums > Queries > Speeding and other Criminal Offences
Ironside
Hi everyone, just got a NIP for 38 in a 30. More than a bit fed up. i passed what appeared to be a normal white van on the opposite side of the road, facing me, as I passed and looked in the mirror, i saw the first sign of any markings or warnings. is there any defence, or am i stuffed. I didn't see the "spped trap" because there wasn't any warning and it was parked outside a line of motor traders. Can they do that? Can they prosecute traffic going in both directions on a single carriageway? Shouldn't they be checking only those on the adjacent lane? Any help would be appreciated.
the1952gunslinger
Sorry, no defence I'm afraid- its the way more and more of them operate- cover both sides of the road; blend in with other vans; no signage; no warnings.

Does wonders for public support doesn't it.....................

I think you need to do the NIP wizard to see if someone more knowledgable can see anything you can cling to- don't hold your breath mind.
Ironside
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 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): - MOORWELL ROAD, YADDLETHORPE, SCUNTHORPE
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 - I passed a van parked facing me on the verge on the opposite side of the road, outside a line of second hand dealers in an industrial area, as the van came into view in my mirrors I became aware of the markings on the back of the vehicle associated with a speed camera van.

There was no on else driving on my side of the road and the van appeared to be targeting the opposite side of the road and vehicles travlleing towrds it and it's warning signs.


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: Tue, 21 Jul 2009 18:14:12 +0100
The Rookie
I would always advocate
1/ Writing and ask for "photo's to help ID the driver" or similar, it may highlight a problem - though I doubt it, at worst you get a souvenir (don't ask for ‘evidence’ or ‘proof’).
2/ Reply to confirm who was driving and giving all the info they want in a letter (inc ref numbers and within the permitted 28 days from receipt of the request) so they can't use image recognition software on your form and have to work for a living!

The scammers are all on fixed budgets now, so the more work they have to put in to ‘do’ each ‘customer’ the less ‘customers’ they can ‘do’!

Simon
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