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cubix5
I would really appreciate your help as I am a new driver with 'P's and have just received a Notice of Prosecution. I had a friend with me at the time and the notice says that I was travelling at 42mph in a 30mph speed zone on the A37. I am so careful when I drive that all of my friends laugh at the idea of me having three points on my licence - they don't actually believe it until I show it to them. The friend who was with me is also shocked as she knows that I am a very careful driver and did not think for one minute that I had done anything wrong or was driving in such a way as to cause danger to anyone. I want to dispute this as I was hardly speeding on two wheels past the camera with two fingers pointing upwards and am hardly a joyrider!!! The notice was issued on 16/07/09 so I need to reply pretty quickly - what do you suggest?

ford poplar
Even a nun would get a ticket if she exceed the lawful speed limit, no 'bad' driving required (and you would have failed your test).
Complete the NIP Wizard and post
cubix5
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - July 2009
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A37 Guerney Slade, Somerset
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? - Owner
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 - The only time that I remember using more speed than necessary was when I was overtaking a truck. Other than that, I am a new driver displaying 'P's' and VERY careful. In fact, I am so careful that I had a friend with me that day as I was a bit nervous about taking this route. She is a very experienced driver and has told me that there was no point when she ever thought that I was using excessive speed.

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: Fri, 07 Aug 2009 11:00:49 +0100
jobo
its not excessive speed, its speed in excess of the speed limit

if you want to dispute it you need to write and ask for picies to help id the driver not proof or evidence

but youve left it a bit late, as you must reply within the 28 days if you have picures or not
cubix5
QUOTE (jobo @ Fri, 7 Aug 2009 - 13:54) *
its not excessive speed, its speed in excess of the speed limit

if you want to dispute it you need to write and ask for picies to help id the driver not proof or evidence

but youve left it a bit late, as you must reply within the 28 days if you have picures or not


Thanks for your advice Jobo - what do I do now, I would really appreciate some advice? huh.gif
cubix5
Can anybody help......please....is there anyone out there? mellow.gif

Big_Rat
QUOTE (cubix5 @ Wed, 12 Aug 2009 - 21:50) *
Can anybody help......please....is there anyone out there? mellow.gif


you've been told what to do. You must reply with 28 days with or without the photos, I think you've left it a bit late
The Rookie
Ask for photo's in a letter ASAFP< then follow up naming the driver on the 28day limit (that is it must arrive with them on the 28th day, day of receipt was day1) if they send a photo we can help you see if the ping is OK.

Is it possible (probable) you assumed a higher limit for that road than is actually the one in force?

Simon
cubix5
Hi guys,

Please take a look at the links below to see if there is any way that I can appeal against this dilemma huh.gif

http://www.yousendit.com/transfer.php?acti...3TXZENlJFQlE9PQ
http://www.yousendit.com/transfer.php?acti...5Tk1KV00wTVE9PQ

Fingers crossed for some good news...
BaggieBoy
Looks like they have you bang to rights. It looks like you travelled 7.5 markings in 0.6 seconds. Assuming the markings are 5 feet apart, this means you travelled 37.5 feet, which is 62.5 feet/second. This works out at 42MPH, so the secondary check confirms the primary speed.
Pete D
I agree, those photo's directly support the detected speed, may be you were pulling back in after overtaking the lorry which doers not allow you to exceed the posted limit. Pete D

As you are a new driver you will have to drive like an angel from now on or you could have your licenced revoked. Pete D
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