rustygate
Sun, 9 Sep 2012 - 11:37
Hello all
I have done some searching on the forums of this website and couldn't find anyone with my particular situation so I thought I would post a new topic, I hope this is the right part of the forum!
I have received two NIPs with the following information:
Notice Issue date: 06/09/2012 (on both)
Different reference numbers for each NIP
[1] On 28/08/2012 at 08:27 at A4 Portway nr Junct Riverleaze >> Avonmouth
Exceed 40 MPH speed limit (manual detection)
The recorded speed was 58mph
[2] On 28/08/2012 at 08:27 at A4 Portway nr Junct Riverleaze >> Hotwells
Exceed 40 MPH speed limit (manual detection)
The recorded speed was 47mph
My thoughts are: how can I be prosecuted for the same offence with different recorded speeds? How can they be sure what my actual speed was?
Is it possible that there were two cameras very close together?
Any advice on my best course of action would be greatly appreciated.
Regards
BaggieBoy
Sun, 9 Sep 2012 - 12:29
Did you go past the van, turn around and go past it again? The location details seem to suggest the two detections were in different directions.
Craigy
Sun, 9 Sep 2012 - 12:37
looking i think one is heading towards Avonmouth the other heading towards Hotwells but looking at the road not sure where it would be possible to turn around and back in the other direction in that short space of time. i would respond and ask for a picture for both and see if it is for the same vehicle.
rustygate
Sun, 9 Sep 2012 - 12:42
That is my route to work and I know for a fact that I did not turn around. I'll ask for a photo for both.
Thanks again for your help!
Korting
Sun, 9 Sep 2012 - 13:06
Remember to ask for photo's to help identify the driver, do not mention evidence
gazig
Sun, 9 Sep 2012 - 13:12
If and only if its because you have turned around then the photos need to display a postive speed in one and a negative in the other.
To the same minute so very unlikely
The Rookie
Sun, 9 Sep 2012 - 16:06
DO NOT ask for the photo's together, do it completely seperately, better still post one letter now and another in 2-3 days, you don't want them adding two and two together right now!
rustygate
Sun, 9 Sep 2012 - 16:50
Dammit. I requested them seperately via email however I did it quick succession.
Excuse my ignorance but what would be the problem with them realising they made a mistake? Will they just revoke the one which is wrong?
What should my plan be if the two photos are the same and they don't realise?
The Rookie
Sun, 9 Sep 2012 - 17:14
I suspect you got 'pinged' twice in quick succesion (though the direction change is an issue) and they've issued 2 nips, the photo's would confirm this.
If they 'sus' it they may not send any photo's this will narrow your options as you won't be 'sure' what's happened while trying to mitigate the damage!
rustygate
Sun, 9 Sep 2012 - 17:22
Can they really refuse to send the photo evidence?
Assumung that they have pinged me twice, can they fine me twice?
Thanks again for the advice, its really is amazing that people take there own time to do this kind of thing
mrh3369
Sun, 9 Sep 2012 - 17:28
Yes. You are not entitled to any evidence yet.
Gan
Sun, 9 Sep 2012 - 18:00
If the OP returns both forms naming himself without comment he should get a COFP for one and a course offer for the other
What if he accepts the COFP and ignores the course offer ?
Won't he then have a defence that this is either the same or a continuing offence that's already been dealt with ?
The Rookie
Sun, 9 Sep 2012 - 18:23
If it is a single offence he'd be better placed taking the course and not the FPN......up to them if they offer a course for the single offence of speeding (regardless of speed, their decision).
Gan
Sun, 9 Sep 2012 - 18:38
My thinking was that accepting the COFP for the higher speed will specifically prevent a prosecution for the lower
If he accepts the course, he would have to argue that it was an abuse of process to prosecute the higher speed even though it wasn't eligible for the course.
rustygate
Sun, 9 Sep 2012 - 20:53
Wow so the consensus is that I will have to accept at least one? Personally I think it is unacceptable that they can issue two tickets with such conflicting information.
Jlc
Sun, 9 Sep 2012 - 21:17
Yup, I think it's unlikely they'll tear up both.
3phase278
Sun, 9 Sep 2012 - 22:19
QUOTE (rustygate @ Sun, 9 Sep 2012 - 21:53)
Personally I think it is unacceptable that they can issue two tickets with such conflicting information.
as the directions are different the information is not conflicting, it may well be the case that you were speeding towards them 'pinged', carried on obliviously and they thought - unbelievable they haven't slowed - we will get them again as they recede. it was a manual camera.
I think you are in line to take at least one of these so far, but you need the pics if poss to see if it is a single offence as already said.
bama
Sun, 9 Sep 2012 - 22:30
deleted- mis-post
The Rookie
Mon, 10 Sep 2012 - 01:07
QUOTE (Gan @ Sun, 9 Sep 2012 - 19:38)
even though it wasn't eligible for the course.
But he is eligeable, it is at their discretion regardless of speed after all.......
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