Help - Search - Members - Calendar
Full Version: Location on NIP - Vague?
FightBack Forums > Queries > Speeding and other Criminal Offences
Ixashe
My wife received a nip this morning for 35 in a 30 limit.

I was driving, not her, so after the form is sent back I expect I'll get one in a few weeks. Obviously I'll be waiting as long as I can to send it back to slow things down a bit.

I've been on the website and viewed the pictures and maps etc and have a few questions.

There is no certificate to show the accuracy of the camera that was used, is this an issue? It does say that it was measured by laser at a distance of 50.8 metres.

The location shown on the nip is a road 2-3 miles long, and the website shows a map of the offence with an area marked 2-300 metres long. I was driving along the road in question, but turned off before reaching the area marked on the map. I did not get within half a mile of the stretch of road marked on the website as being where the offence occured. The photograph only shows the very rear of the car, and so gives no clue as to its location. Would this be enough to claim that the location given in the nip is not specific enough?

Thanks, Paul.
Pancras
There is no onus on the police to prove the accuracy of the camera (calibration certificate) to you at this stage.

If the NIP was specific to within a couple of miles, then it is unlikely that the vague locus defence will work, however if there is a map, and you can be certain that you was not in that specific area, it might be grounds to argue the matter.

Bear in mind that there is likely to be a video and the 'still' which you have been given is only for driver identification purposes and is not necessarily the evidential 'ping'.
jobo
QUOTE (Ixashe @ Tue, 15 Mar 2011 - 15:40) *
. Would this be enough to claim that the location given in the nip is not specific enough?

Thanks, Paul.



quite possibly, if it mislead or confused you as to the location, but you need to contest it in court, they wont just back down,,

if you want to go that route ask your wife to write to them, after 14 days from the offence asking for a more specific location,,, nb keep your wife of that site, as it may remove her confusion
Kickaha
At 35 in a 30 you should be offered a SAC (if you have not done one in the last 3 years). Even if you take this to court and win, it is likely to cost more (in time as well as money) than doing the course would.

If you would rather do the course the best advice is do not delay, get things in fully completed and early to give them the time to offer a course.
peterguk
QUOTE (Ixashe @ Tue, 15 Mar 2011 - 15:40) *
I did not get within half a mile of the stretch of road marked on the website as being where the offence occured.


So how close did you get? Just over half a mile?
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.