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hooper10
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2012
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - M6 Southbound (40mph limit) between Junctions 10 and 8 Walsall
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 seem to recall that the whole of the m6 between junction 10 - 8 on the monday was 50 mph. I drive on this stretch 6 times a week and know it quite well. The current roadworks are set at 50mph and this is the speed i drive at. My NIP states that i was doing 52mph in a 40 zone but i do not recall ever seeing a 40mph speed limit, it has always been 50.

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, 10 Nov 2012 13:55:41 +0000
BaggieBoy
VSL on that stretch, so presumably although the fixed limit was 50, the a lower speed was indicated on the gantries?
Logician
40 certainly seems low, I think I have only seen that used on a contraflow in a tunnel. You could check with the Highways Agency, as well as keeping a good lookout on your next journeys.
hooper10
QUOTE (BaggieBoy @ Sat, 10 Nov 2012 - 17:22) *
VSL on that stretch, so presumably although the fixed limit was 50, the a lower speed was indicated on the gantries?


It must have been, usually is only 40 when you literally cannot move due to traffic volume. I always try to stick behind another vehicle in this area as well to avoid exactly what has happened here. Its just that i cannot recall ever seeing 40 on the gantry. Always been 50/60. Is there anyway in which i can obtain a picture of the gantry at that time that you know of as i am honestly suprised that the limit was this low. The 2 lane roadworks after junction 8 are 50 so i see no reason for the limit to be 40. Thanks for your reply.


QUOTE (Logician @ Sat, 10 Nov 2012 - 17:31) *
40 certainly seems low, I think I have only seen that used on a contraflow in a tunnel. You could check with the Highways Agency, as well as keeping a good lookout on your next journeys.


Ill certainly be on the lookout now. As you say, I wouldn't be at all sceptical if i was caught doing 62 in a 50. But as i was doing 52, due to the fact its always been 50 and the roadworks after j8 is 50. I have never seen 40 on a free flowing motorway as it was monday. I am obviously wrong as they have stated it was 40 on my NIP just shocked as i do this journey from Birmingham to stoke regularly.

With regard to the Highways agency, would this be to confirm the limit was 40 at the time?

Thanks for your reply.
Logician
QUOTE (hooper10 @ Sat, 10 Nov 2012 - 18:29) *
With regard to the Highways agency, would this be to confirm the limit was 40 at the time?


I wrote that before learning that there was a variable speed limit there, and thinking it was a limit for road works. The VSL explains the 40 limit, and there is no point writing to the HA.
P91
QUOTE (Logician @ Sat, 10 Nov 2012 - 18:31) *
40 certainly seems low



It's fairly normal on that section of motorway regardless of traffic volume IME.
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