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welshman10
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2012
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 9 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A470 Llyswen, Powys
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 - I was travelling from Swansea to Newtown for a meeting (I work for the Welsh Ambulance Service).

At a junction, I turned left and proceeded along the 30mph road for a hundred yards or so. In front of me, there was a fairly slow moving vehicle (25mph approx), so I applied the brakes. At around the same time, I noticed a mobile police camera van up ahead. I vividly remembering being thankful for the OAP in front of me that had forced me to slow down.

I then proceeded on my way breathing a sigh of relief and thinking nothing further of it. Then, the following week I received the NIP in the post stating I had been travelling at 40mph.

After a period of cursing etc, I sat and thought about that journey. I guess it's possible I was exceeding 30mph until I got forcibly slowed down by the other car, but I really don't think I was going at 40mph (not that it makes too much difference I suppose). Though, due to the junction I had emerged from and the vehicle in front, the excess speed would only have been for 50 yards or so, taking acceleration time and braking time into account.

I haven't yet sent the NIP back, as the day I received it I was off to the Algarve for a fortnight and now I have returned. I'm guessing I have no reason to not complete and return the NIP - it would only invite more trouble on myself.

The query I have is on the next stage. I'm hoping I get offered one of those Speed Awareness Courses ( I read somewhere that you qualify if the offence is within +9mph + 10% of the limit (so 42mph))? What is the likelihood of getting this?

If I get offered the 3 points instead, as I am unconvinced of my guilt, what would be the options open to me then?


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? - Wales

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: Sun, 08 Jul 2012 17:08:35 +0000
jimster
QUOTE (welshman10 @ Sun, 8 Jul 2012 - 18:08) *
In front of me, there was a fairly slow moving vehicle (25mph approx), so I applied the brakes. At around the same time, I noticed a mobile police camera van up ahead. I vividly remembering being thankful for the OAP in front of me that had forced me to slow down.

The "slow moving vehicle" probably spotted the scammers before you did

You could ask for any photos to help identify the driver, don't mention evidence or calibration, but send the form back in time whatever you do.

If you know you were speeding then the best option may be to take the course if offered.

Logician
Your calculation is correct, you are within the range to be offered a speed awareness course, and that is likely provided you have not done one in the last three years.
Jlc
Return the s172 form whatever you do - the speeding won't be the issue if you don't.

To challenge the reading is not impossible but usually very risky. You'd have to reject the course and fixed penalty and take it to court and plead not guilty. If found guilty you will be liable for costs, fine and victim surcharge. Whilst only 3 points is still the outcome the bill could come close to £1000.

Remember they can catch you up to 1km away, often before you even realise. Asking for the photo's gives you a way to confirm the distance and quality of the ping - but time is running out for you. Those 28 days do not stop.
welshman10
(Slow) Update on this is that I received a SAC offer and took that

So it cost me £85 but I maintained my clean licence
3phase278
Thanks for the update - I personally always appreciate when people take the time to do this so the thread has a conclusion. Quite often some more complex threads of interest are left in limbo with no one knowing the outcome.
Cheers
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