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avington
On the 18th May 2010 I was travelling through a village which had a 40mph speed restriction. I then noticed a speed camera van "Arrive Alive" - I noticed my speed was 42mph and time was 1605hrs.

Anyway two days later I received NOIP (Notice of Intended Prosecution) for the alledged offence of Exceeding 30 mph Limit at 42mph at 1505hrs on 18/05/2010 giving the location more than 6miles from where the Arrive Alive van was situated.

The village where the notice said I was speeding at 42mph at 1505hrs 18/05/2010 I never drove through until 1550hrs, after I finished shopping at a major shopping supermarket which I have a receipt that I paid my bill including cask back at 15.40hrs 18/1/05/2010

The only speed camera I came across was at 16.05hrs some 6 miles from the alledged speed incident, which clearly the speed camera recorded me.

The S172 Form asks me to fill in my details, but there is no where I can post my comment of not guilty.

The question I would like some advice on, do I telephone the Central Ticket Office and point out the error, or how can I plead not guilty and have my day in court since the S172 does not provide the means to do this.

Finally but not least, is it possible the time on the camera has not been adjusted to show summer time, since I only came across one radar camera van that day, and that was on 18th May 2010 at 16.05hrs and my speed was 42mph in a 40mph zone

Your help would be greatly appreciated


CuriousOrange
So you're saying the NIP gives the wrong time, the wrong place and the wrong speed limit?

First suggestion would be complete the NIP wizard.

There isn't a 'not guilty' box because at this stage you've not technically been accused of anything, rather you're being asked to ID the driver who's alleged to be involved in an offence.


It's very easy to have your day in court, so I wouldn't worry in that respect.

jimster
You could ask for photographs to help identify the driver…

This may help you with time and location

Hotel Oscar 87
Do not contact the police at the moment.

The document you have received contains two sections - effectively. The first sets out the allegation whilst the second asks you to nominate who was driving at the time of the alleged offence and you are under an obligation to answer that within 28 days of your receipt of the documents.

For the purposes of completing the form you should ignore what you know - that you saw a camera van elsewhere than is being alleged and apparently almost exactly an hour later - and concentrate on simply formulating an answer to the question that the form poses i.e. Who was driving at the time of the alleged offence at 15.05? It would not be the first time that the police have got the times wrong and by the same token it wouldn't be the first time that a recipient of a NIP was themselves mistaken.

Assuming, on the basis of your post, that you are certain that you could not have passed a camera van at the time and at the location alleged then it is important that you do not give the police the opportunity to correct their mistake which writing to them for photographs may well do. Were you to write to them now then they could issue an amended NIP and get it to you within the 14 days within which a NIP must be served (assuming you are the registered keeper).

Others may well advise as to the form of your reply but if you still have your receipt for your shopping - and assuming that it demonstrates a "large" purchase - then in due course (and in any event not until after 2 June) you can reply stating that the vehicle was not at the scene of the alleged offence and was stationary, and not being driven (again assuming this to be correct) at the supermarket at the time.





johnjo42
I entirely agree with Oscar. Just send back the form stating who was driving at the relevant time. Keep a copy. Don't volunteer anything or tip them off that they may have made a mistake.

Sometimes the police do make mistakes in that they mix up places, times when preparing the NIPs. If they have, you'll get your chance later. I once defended someone who was charged with speeding at 7.00 p.m. at night whereas the camera clearly showed the offence at 10.00 in the morning. Result. Case dropped at Court.

OTOH, in my experienmce it's far more likely that you have got the times wrong. Assuming that your car was definitely at the camera site at the date and time in question, who else was driving it if you weren't?

So wait and see!

JJ
avington
Thank you all for your replies, the reason I know I was not driving at that time through the place stated on the NIP, at 2.45pm I took my soon to the local hospital for his appointment, I waited for him until 3.10pm then I went to the local supermarket.

I made a fairly large shop and took a cash back using my debit car, that was timed on the receipt at 15:40:06, all this took place approx 5miles from the alledged speeding incident.

I decided to take a different route home, which took me through the village where the alledged incident took place, estimating I left the supermarket at 15.45 or thereabout, I calculate approx 15.55 would be driving through the village stated on the NIP.

10 minutes later at 16.05hrs I drove through another village which had a Arrive Alive Van operating a radar speed trap. I clearly saw the operator operating the video camera, so there is evidence there. The speed limit was 40mph, I calculate I was doing 40-42mph and I commented to my son, it would be just my luck that I would receive a summons for breaking the speed limit by 1 or 2mph mph. Two days later I received the NIP for 42mph in a 30mph zone.

Once question I would like someone to advise me. Everyone says I should fill in the NIP stating who was driving the vehicle at 15.05hrs. I am 1000% sure I was not driving my vehicle at that time at that location, if I state I was is that not an admission that I was at that location at that given time, when I was clearly not ... unless someone has cloned my number .... which I could show evidence because of the nature of my number plate it was not me.

Any advise is greatly appreciated.
southpaw82
If nobody was driving your vehicle at that time then say so.
jobo
youve been given very good advice

your responsibility is to answer the question asked , not to volunteer additional information on you schedule for that day

chances are they have cocked up somewhere and when they get your reply, will check, find out and drop the case

however do tell them all about where your car was at the reliant time, when it arrived there and when it left, and that you have evidence to support this

as above do not do this until the offence is 14 days old
avington
Thank you for the last replies, just the answers I needed, will keep you posted how my case develops

best regards

avington
avington
Well I sent a reply to the S172, I could not answer who was driving my vehicle since the alledged incident - time - place did not take place as stated in the S172.

Today I received a reply from Central Ticket Office stating " DearSir/Madam, Following enquiries, no further action will be taken in relation to this matter".

I would like to thank all who replied to my message on this Forum, and the advice given. And yes the S172 was wrong on all counts ... somebody had made a right dogs dinner of the facts .... once again thank you all ... especially to the guys/dolls who run the site .. more power to your elbows ... worth every penny you ask in membership fees

And finally ... since my experience with the law enforcement .. I have invested in a video recorder which monitors all my journeys now. It monitors speed, time, date and gps location etc, the £300 spent is a small price to pay in any future problems I might come across. The DVR even videos any events inside the vehicle, bonus if I am stopped by the coppers in future.

The only side effect of proving the speed cops got it wrong, they tend to make you a target for future operations. The added comfort of covert surveillance will negate any problems that might arise in future. If anyone is interested in aquiring the Mobile DVR I aquired, feel free to contact me at anytime.

regards avington
bama
Well done.

May I suggest:
A small contribution to the site
By all means post up some info on the device you selected.
peterguk
QUOTE (avington @ Wed, 23 Jun 2010 - 17:54) *
The only side effect of proving the speed cops got it wrong, they tend to make you a target for future operations.


Really?
southpaw82
QUOTE (peterguk @ Thu, 24 Jun 2010 - 08:36) *
QUOTE (avington @ Wed, 23 Jun 2010 - 17:54) *
The only side effect of proving the speed cops got it wrong, they tend to make you a target for future operations.


Really?


No, people are just paranoid.
johnjo42
No, no. Paranoia is when you think people hate you
dom
QUOTE (southpaw82 @ Thu, 24 Jun 2010 - 22:23) *
QUOTE (peterguk @ Thu, 24 Jun 2010 - 08:36) *
QUOTE (avington @ Wed, 23 Jun 2010 - 17:54) *
The only side effect of proving the speed cops got it wrong, they tend to make you a target for future operations.


Really?


No, people are just paranoid.



Just because you're paranoid doesn't mean they aren't out to get you wink.gif


Dom
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