Hello everyone.
Firstly my case:
1. Offence in England
2. Kent Police
3. Date of offence: 10/05/2005
4. Date of NIP: 13/05/2005
5. NIP received: 14/05/2005
6. The NIP was addressed to me
7. NIP sent first class
8. I'm the registered keeper of the vehicle in the offence.
9. I hold a Full UK licence
10.I currently have 0 points
11. My description of events:
On the 10th of May I travelled along the A249 Detling Hill, Detling. I don't know the road at all and havn't ever driven along it before. There was light trafffic and the weather conditions were clear and dry. The road is NSL dual carriageway. Further along it becomes a 50 limit. To the best of my knowledge I stayed within the speed limit along the whole route. I then received an NIP stating at 10.23 I had exceeded speed limit of 50mph at a speed of 67mph contrary to 'TSL01977 2a'.
I was ready to sign the NIP and send it off with my licence. I then realised I hadn't updated the address on my licence since we had moved house. Realising this is an offence in itself I promptly sent my licence off to the DVLA with the ammended address. Luckily waiting for my licence to return (which it has) gave me time to take stock.
I've done a small amount of searching and have discovered TSLO1977 is contravening a temporary speed limit at works. I don't recall any temporary limits that day, so I phoned Kent Central Ticket Office to ask for confirmation that I had exceeded a temporary limit.
After some searcing the helpful lady told me I had been photographed by a camera van doing 67 in a 50 limit. I asked if this was a temporary limit and she said it wasn't. I asked why I was being prosecuted contrary to TSLO1977 in that case - if I hadn't actually broke a temporary limit. She said she didn't know - but either way they had a picture of my doing 67 in a 50 limit.
I can only assume that I didn't notice a posted 50 limit and sailed through at 67 thinking it was still a 70 limit. However - the fact that they are attempting to prosecute under TSLO1977 when in fact she confirmed there was no temporary limit in place makes me feel there is a hole in their case. Is it worth me trying to take this further, getting to court and them not being able to prosecute me because I haven't actually committed that particular offence (contravening temporary limit) or will they still hold all the cards because they'll still prosecute due to photographic evidence of me doing 67 in a 50 anyway?
The lady at the Central Ticket Office told me I should write to request the photographic proof - which I intend to do now.
I asumed 28 days from 13/05/2005 was 10/06/05. However she also told me I had until the 22/06/05 to return my signed NIP. Is she incorrect or is it in fact 28 working days?
All help appreciated. Many thanks-
Ste