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james714
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2011
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 11 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Markfield Road, Groby
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? -
If your are not the Registered Keeper, what is your relationship to the vehicle? - Hire 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 - A speed camera has been turned around and so the white lines are now actually behind the camera. I did not realise it had been turned around until I received an NIP and since then, I know that I have travelled down that road three more times (making sure I brake for the lines). Whether this is right or wrong, the NIP that I have is for doing 61 in a 50.

It would not surprise me if I receive more for the other three times that I have driven down that road.

Can anyone advise me on what I can do ?

I'm still within the first two years of passing my test sad.gif


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: Fri, 11 Nov 2011 10:50:50 +0000
Logician
If it is a Gatso, it can only get you from behind. If it is one that turns round, it should get you from behind going the other way, and there should be a second set of markings on the road. You have entitled your thread "Travelling towards GATSO" so that leads to some confusion, please clarify.

For 61 in a 50 limit, you may well be offered a speed awareness course, and keep your fingers crossed for the other occasions you went down that road.
Aretnap
Do you mean this camera? If so, it's a Truvelo, not a Gatso, and is designed for use on vehicles travelling towards it.

If it's not that camera, could you find the actual one on Streetview please and post a link to a picture of it (use the link button in the top right corner to get the URL)
james714
Hi

Yes that it the one, so I am mistaken so I apologise. The speed camera used to face the other way, as you can see by the white lines just past it.

Do you possibly have any advice?
mrh3369
Are you sure that the camera has not been replaced? It looks like the one that used to face the other way was a gatso which is a different type of camera to this one, as stated a gatso gets you from behind and a truvelo from the front so if you have been slowing down only when you reach the lines its too late.
Aretnap
Yes, it looks like a former Gatso site which has been replaced by a Truvelo.

You could ask for photographs "to help identify the driver", without using words like proof or evidence. The police aren't obliged to send them, but often will, especially if you don't imply that you're trying to pick holes in the evidence. If when the pictures arrive you can post them up here with personal details removed and we can advise whether they confirm the speed. Asking for photos does not stop the clock and you must still name yourself as driver within 28 days whether they send them or not. Failure to do so would attract a bigger penalty than speeding.

A 50 limit will require a Traffic Regulation Order and these are occasionally invalid or have errors, so it is worth contacting the Highways Agency (if it's a trunk road) or the highways department of the local council (for any other road) and asking for a copy of the TRO so you can check that the 50 limit actually applies there.

As Truvelos flash right in your face the flash is usually quite noticeable - if there are more NIPs on the way it's likely that you'd remember being flashed on more than one occasion. Do you?

At worst 61 in a 50 is likely to qualify you for speed awareness course assuming you haven't done one before, enabling you to avoid the points.
desktop_demon
Standard advice is to write to the ticket office at the address supplied on the form and ask for "any photographs to help identify the driver at the time". Keep it that simple and don't ask for evidence or proof. Once the photographs are received there is a "secondary check" that can be performed to confirm the photo supports the speed alleged. It often does corroborate the speed but sometime doesn't. The police are under no obligation to provide photo/s but often do. If the OP admits the charge then there is little real point in doing the above exercise but if the OP denies the charge then it is the first thing to do.

Whatever is done the OP is legally obliged to answer the s.172 request to identify the driver within 28 days. The police sometimes send a reminder but don't bank on it. So it is important that the OP identifies the driver by filling in, signing and returning the form supplied. Alternatively the same information can be given in a signed letter, but its more effort. The OP should keep a copy of the filled and signed form and get some sort of certificate of posting when returning the form (or send by recorded delivery, etc.) It is usually advised to return the form within 24 days.

After receiving the form the police will decide how to proceed. The options are a Speed awareness course, a CoFP (£60 3pts) or a summons. A summons would only be issued if the OP denied the charge. And it seems likely that a SAC will be offered unless a similar course has been taken in the past 3 years (yada, yada...)

good luck
Kickaha
As there is a chance of the OP getting multiple NIPs and being still under the NDA, does anyone recall the case on here where someone who had been caught three times managed to get an SAC, 3 points and the third one dropped? The OP may need to take the same approach and knowing who to speak to and when may come in handy for him.
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