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FightBack Forums > Queries > Speeding and other Criminal Offences
1200gs
I checked the photos online and calculated my speed to be 33.5 mph. I wrote to the casualty reduction bureau of West Yorks Police and asked if they could confirm how they have calculated my speed as my calculations show the speed to be significantly lower than the alleged 36mph. (I didn't say what my result was).

They have responded requesting I return the NIP and then details of the calculations will be supplied to the driver.

I have tried this approach before when the difference was 5mph and recieved a letter stating no further action would be taken, but they didn't request the NIP be completed as I recal (was about 3 years ago). Is completing the NIP going to weaken my position or does it indicate they have checked and still intend to continue with prosecuting at 33.5mph?

Cheers

Rob


NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2011
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 4 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A657 TOWN GATE CALVERYEY NEAR CALVERLEY PARISH, BETWEEN THORNHILL DRIVE & A6120 RING ROAD, CHURCH
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? -
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 - Alleged speed is 36 in 30

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: Thu, 15 Sep 2011 19:30:34 +0000
nemo
My initial observation is that 33.5mph would be within the required 10% accuracy of the primary measurement.
southpaw82
And if you don't complete the NIP (i.e. name the driver) you're looking at six points and a hefty fine.
Logician
You should return the form nominating yourself as the driver, if you were. Failing to identify the driver is a separate and more serious offence than the speeding.
If you post the photos up here, obscuring any identifying details as per the instructions in the FAQ section, other people can check your calculations.
Aretnap
If the driver is alleged to be guilty of an offence, you're required to name him (ie yourself). This applies whether or not the allegation is actually correct. By naming yourself you're only admitting that you were driving the car at that place and at that time - not that you were speeding, that the equipment was working properly or that the calculations are correct. Failure to comply will be a completely seperate offence from speeding, and carries 6 points and a fine of several hundred pounds - much more than the likely penalty for doing 36 in a 30.
1200gs
Thanks all for the imput. I'll send the NIP off and see what they say about the calculations - I suspect I'll have to remind them about my initial letter, despite them saying it had been noted and details would be released when they receive the NIP.

I won't post photo's as I'm confident on the calculations, but thanks for the offer.

Rob.
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