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Full Version: [NIP Wizard] S172 NIP - 94 in a 60
FightBack Forums > Queries > Speeding and other Criminal Offences
TheDarkSide
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2011
Date of the NIP: - 28 days after the offence
Date you received the NIP: - 30 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A47, Swaffham, towards dereham
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? - Company car driver
How many current points do you have? - 3
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 - NIP received for EXCESS SPEED - 60mph (camera detected); speed recorded on the NIP is 94mph.

The speed was recorded by a camera van which was parked in a layby on a curved section of the A47 - a quick scan of the ACPO guidelines states that roadside & mobile devices 'should face a straight section of road' - would that constitute a reasonable defence?

Should I sign and return the S172 and wait for prosecution before doing anything further, or is there anything I should do before returning the S172 form?


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)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you 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: Mon, 04 Jul 2011 15:27:47 +0000
Aretnap
The ACPO guidelines are (or rather were - they've been withdrawn) just guidelines, and breaches do not offer a defence. Positioning the camera on a straight section of road would ensure that you were travelling directly towards it which ensures that the recorded speed will be as accurate as possible. However if you approached it from an angle it would record a LOWER speed than your actual speed due to the cosine effect. So it may be best not to rely on this as a defence - you would effectively be arguing that you were actually going faster than 94mph.

Forget any thoughts of a defence based on the van not being visible enough or giving you a "sporting chance" to slow down - such things have never formed part of the law.

You could write and ask for "photographs to help identify the driver" without using words like proof or evidence - if they send them you may be lucky and they may show a poor ping whcih you migh be able to use as a defence. But don't get your hopes up too high. :-( Remember that asking for photos doesn't stop the clock and you still have to reply within 28 days whether they send them or not.

At 94 in a 60 you're off to court whatever happens and you'll be lucky to avoid a ban so you might be better off thinking about mitigation than trying to defend the charge. However, the alternative to a ban is 6 points, so depending on your circumstances a short ban may be preferable to being on 9 points until your exixting 3 come off.

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