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FightBack Forums > Queries > Speeding and other Criminal Offences
Soapya
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2012
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A3024, Maybray King Way, Southampton
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Second
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 - I was travelling to meet someone, and using a SatNav for the first time. There was no time restriction for arrival. The journey distance was approximately 80 miles. I had left home at 15.15 and was not due to arrive before 19.30 The SatNav, which had been set to avoid highways , had lost it’s signal & put me way off course.
I had turned the SatNav off, and back on to reset it after I realised it’s fault, but it led me into a couple of bad turns during the continuation of my journey & I had lost faith in it, so although I did not have good maps of the area with me, I was trying to check my progress and direction by memory and road signage.
Whilst approaching traffic lights at a junction on the A3024 at Maybray King Way, I was looking for road signs when I saw a flash, realised that it must be a camera, and that without noticing, I had accelerated up the road incline causing me to go over the speed limit.
There was only one car in view, some yards in front in the left hand lane, (I was in an outer lane), I do not recall there being any other traffic behind me, but I admit my mind was focused on my direction of travel to my destination and the colour of the traffic lights.
I was surprised to find that a little further down the road where it becomes single lane 2 way traffic, with narrow pavements without barriers either side of the road, the speed limit rises to 40 MPH.


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: Sat, 03 Mar 2012 18:45:56 +0000
BaggieBoy
Do you have a specific question?
Hotel Oscar 87
Dependant on the the speed alleged provided it was not more than 52mph (assuming also that the limit was actually 40pmh) and given that you have no points and assuming that you have not undertaken a course in the last three years you are likely to be offered a speed awareness course once you reply to the s.172 naming yourself as the driver. The course will cost but carries not points.
Jlc
The post was probably 1st class discounted rather than 2nd.

None of your circumstances provide a defence. You could request a photo to help identify the driver (to confirm the speed etc.) but they don't have to provide and this doesn't stop the 28 day clock for the S172.
fatflyhalf
Maybray King Way is a 30. Not really any traffic lights near the cameras though
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