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rma84
Driving home on Saturday, came round a bend on the A90 and noticed a mobile speed camera van around 1000 meters down the road.

I (dangerously) panic breaked to 60 odds and was over taking round the bend so not paying
full attention to my speed, more corcerned with all of the other cars panic breaking around me.

the bend was really busy, i had a steriotypical Audi up my backside and there were cars waiting to move out
etc so there was a bit of hazard.

Anyways, I had only bought the car a couple of days before, and the seller text me today to inform me
i was clocked at 83 and he was forwarding the letter to me. I sent him my address and should get it tomorrow.

<b>edit - The seller is returning the NIP with my details, not my perminant residency though</b>

Normally i'd say "fair enough, caught" - pay up and shut up but in this instance i'm generally unsure I was actually speeding
especially 83 as its a long drive and i typically just cruise..

Do any of the following give me a case?

Distance of the Mobile Speed Camera
was at least 1km (edited) away from me.. Could just make it out in the distance, it's position
gave it away more than its appearence. I play golf and was a marksman in the forces so have a good judge of distance.
Can they accurately measure my speed at that range?!


Busy Traffic
I was over taking, there was a car infront of me that had just pulled in,
a car behind me.. Was a melee of cars if I remember correctly. Is there a chance
that the speed reading was distorted by other cars?


Liability
I'll admit up front that I was the driver of the car, someone already recommended that i deny it
because I just bought the car etc.. Not really standing out as something i'll do. Especially if it's going
to leave the seller liable.


83 in a 70 (non-motorway) is likely to be 3 points and £60.00?
Damn sad.gif


Ryan
jimster
QUOTE (rma84 @ Wed, 21 Mar 2012 - 14:09) *
Anyways, I had only bought the car a couple of days before, and the seller text me today to inform me
i was clocked at 83 and he was forwarding the letter to me. I sent him my address and should get it tomorrow.


If he sends you the letter you should do nothing as the letter is not addressed to you

The seller should fill in your details and return the letter to the scammers, you would then get your own form.

It is up to you if you wish to tell the seller it is his responsibilty to return the NIP to them with your details, if he doesn't send it back to them you are off the hook
rma84
Thanks Jimster,

I replied to the seller giving him my details. I misread him - he is sending it back to them with my details.
I thought he was just going to forward it so gave him the address of my accomidation (unregistered rented flat)
as apposed to my main address.. hmm
Aretnap
QUOTE (rma84 @ Wed, 21 Mar 2012 - 14:09) *
Driving home on Saturday, came round a bend on the A90 and noticed a mobile speed camera van around 1000 meters down the road.

Distance of the Mobile Speed Camera
was at least 1 mile away from me..

Which was it - a mile or 1000m? The range of the devices varies by model - typically 999m, though I think there's one with a range of 1200m. If it was genuinely out of range then you'd have an argument, but I'd be surprised if they were using it beyond its approved range (if indeed it will even work at all beyond its range).

Traffic - in busy traffic there's always the possibility of the operator pinging the wrong car, especially at long range. The usual advice is write and ask for "any photos to help identify the driver" to allow you to assess whether there are any other vehicles in shot. Don't use words like "proof" or "evidence" as you're not entitled to evidence at this stage, and many forces will refuse to send you photos if they think you want to pick holes in the evidence, though they're usually willing to provide them to assist in working out who was driving.

The seller has got it wrong by forwarding the NIP to you - he's the one who has received it and he is responsible for providing information about the driver. What he should have done is fill it in himself with your details, sign it and send it back. The police would then send you a NIP in your own name. If he has sent it on to you then your options are

(1) Do nothing with it. You have no obligation to reply to a NIP addressed to someone else so you would commit no offence, but he would have blundered into committing the offence of failing to provide details, which would net him 6 points and a large fine. If the seller was a big dealership which should know better then I'd be tempted to do this, but if it's a private seller then it's not a very nice thing to do.
(2) Send it back to him with you details and a note to the effect that he has to complete it and sign it himself. Delays things a bit, which may help if you're contemplating the unsigned route (of which more later), and as Scotland has no speed awareness courses there is no advantage to doing things quickly.
(3) Fill it in yourself and send it in, close to the 28 day deadline. It will probably be accepted and he will get no further grief.

Don't deny being the driver if you were. That can land you in very serious trouble indeed - just ask Chris Huhne. However, this being Scotland, if/when you recieve a NIP in your own name you may want to consider returning it unsigned. It's not an easy option; it requires you to be "out" when the police come knocking on your door at frequent intervals over the next few months, and comes with a somewhat unquantifiable risk of becoming the test case for an s172 prosecution in Scotland over an unsigned response and potentially getting 6 points and a large fine for failure to furnish, but many people have used it successfully north of the border. Search the forums for "unsigned" for more information.

If you decide to play it with a straight bat and accept it then it will be 3 points and £60 for 83 in a 70.

desktop_demon
In Scotland the person served with a NIP has an option of completing the form but returning it unsigned. The OP can search for "going unsigned" for more insight to this course of action. It does involve "being out" for 6 months. It has been used with some success.

jimster
QUOTE (desktop_demon @ Wed, 21 Mar 2012 - 14:44) *
It does involve "being out" for 6 months. It has been used with some success.



As the OP has 2 addresses "being out" may be a bit easier
rma84
Thanks for the advice guys. The seller is returning the NIP with my details.
The details i have given him is an address i do not perminantly live at. I.E - where i stay mon - fri while i work here.

"Going Unsigned" - means the police will occasionally come round to my house (the house addressed in the NIP or my registered home?)
I don't like the idea of trying to hide from the police.. If they come round my perminant home mon - fri i'll always be out though. Perhaps
i should return the NIP with that address and leave it unsigned?
jimster
Are you local to the offence?

They could pop round at any time mate, so if you don't like the idea of "hiding for 6 months then maybe taking the points would be best for you?
Kickaha
If you are thinking of going unsigned, ask the seller to return the form as late as possible, every day helps!
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