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FightBack Forums > Queries > Speeding and other Criminal Offences
GuzziGraham
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 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): - A33, THE AVENUE, BETWEEN BURGESS ROAD TRAFFIC LIGHTS & WINN RD., SOUTHAMPTON, HAMPSHIRE
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 - Having pulled away from traffic lights on my motorcycle using only moderate acceleration, I was travelling along a very wide, straight road with no traffic or pedestrians for at least 800 yards ahead of me. After about 400 yards, I noticed what looked like the large lens of a professional video camera on a tripod, pointing at me. I checked my speed (48 on the speedo, in a 40mph limit) and slowed without braking, just as a safety precaution. I did not think this was a speed camera. However, just before I passed the camera at 41mph, I saw the operator turn it on the tripod to record me passing.
I was wondering what was going on, so I turned off the main road and headed back in the direction from which I came to get another look. Only then did I see a "Safety Camera" van parked out of sight, 20-40 metres up a tree-lined side road.
I believe there are small permanent black-on white camera signs posted along the main road however.
If I get points, this will be the first time in 37 years of driving. Even so, if I maintain this average, I should be off the road before I'm due for any more (wishful thinking!)


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, 25 Aug 2012 17:04:49 +0000
mrh3369
What was the alleged speed? You will almost certainly qualify for a course which is no points if it's less than 53mph, are you positive it was second class post? How much was the postage? Are you the registered keeper and do you have the v5c?
GuzziGraham
QUOTE (mrh3369 @ Sat, 25 Aug 2012 - 18:09) *
What was the alleged speed? You will almost certainly qualify for a course which is no points if it's 53mph, are you positive it was second class post? How much was the postage? Are you the registered keeper and do you have the v5c?

Hi mrh3369 - that was quick - thanks!
The alleged speed was 49 - a bit quicker than what I believe but probably no matter if 53 is the significant figure.
As for the post, the envelope was franked for 44p, cheaper than 2nd class but I now know that's the first class rate - oops. It did arrive the day after that on the notice itself.
Yes I am registered keeper and I do have the v5c
Cheers!
Jlc
£85 course is the likely outcome then
mrh3369
Yes, simply complete and return the NIP and a speed awareness course is the probable outcome. There is nothing to be achieved by delaying the return and in cases where a course is the likely outcome it's arguably beneficial to return it quickly.
GuzziGraham
QUOTE (mrh3369 @ Sat, 25 Aug 2012 - 19:29) *
Yes, simply complete and return the NIP and a speed awareness course is the probable outcome. There is nothing to be achieved by delaying the return and in cases where a course is the likely outcome it's arguably beneficial to return it quickly.

Yes I was thinking that too - I'll see to it this weekend and hope for the Awareness course :-) Thanks guys for the advice!
Logician
QUOTE
I believe there are small permanent black-on white camera signs posted along the main road however


The presence or absence of camera signs has no legal effect at all.
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