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FightBack Forums > Queries > Speeding and other Criminal Offences
oldskool5
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2013
Date of the NIP: - 8 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): - B3285 HALT ROAD, GOONHAVEN, CORNWALL
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 6
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 on holiday in cornwall and set the satnav to take me to a theme park from the haven site in Perranporth towards Bodmin. From the site you enter into a 30 zone coming up to a dual painted roundabout, I did a left left then after about 50m turned right towards Bodmin (Sign reads A30 Bodmin). I traveled down the road for about a mile without seeing a visable speed limit signs until I got to a bend. Park approx 40m around the bend behind a pile of stones was a camera van, I slowed down from 50 to 45, thats the speed they got me at and then notice just in front of the van the a 6" 30 sign. There were no camera warning signs and after driving down the road again no 30 signs as you enter and the sign before the bend is obstructed by trees (Another 6" sign) This was the first time I had driven down this road so was not aware of the speed limit. Just after the van the road become 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: Mon, 24 Jun 2013 08:51:38 +0000
BaggieBoy
Speed camera warning signs are not required to be displayed. Checking GSV it appears that the road has regular streetlights and so the absence of speed limit signs/repeaters would make the the road a restricted 30MPH limit. As long as you passed a 30MPH limit sign at the start of the limit change you are pretty much suffed I suspect.
oldskool5
The 30 sign is before the 2 roundabouts and there isnt one when turning right into the road? , also the road opened up just before the bend. Thanks anyway, thought as much. Hard to notice when you have 3 kids in the car lol
Jlc
Indeed, from your description you appear to acknowledge entering a 30mph limit by passing a terminal sign? If there's a series of streetlighting then this maintains the limit unless there is a limit posted to the contrary.

If you were caught at 45 then this is a fixed penalty (3 points / £60). 45 is too fast for an awareness course.

As you are on 6 points now you have to be very careful. If you accumulate 12 points within 3 years (date of offences) then you will be liable for a 6 months totting ban.
oldskool5
I know, its a pain as I do a lot of miles and need my car for work. 3 of the points come off in November

The Rookie
Perhaps brush up on signage then as clearly you felt that it wasn't a 30 despite being clearly signed as such as required by law.

Rule of thumb, streetlighting and no signs is a 30, treat it as such until you KNOW otherwise.
oldskool5
It wasn't clearly signed as I put. There were no signs as I turned into the road and the first sign I came across was fully obstructed by a tree. Not making excuses but I wasnt really looking at the street lights.
mrh3369
The answers are in the Highway Code, the 30limit is valid until you pass a terminal sign to another limit.
The Rookie
QUOTE (oldskool5 @ Mon, 24 Jun 2013 - 11:14) *
It wasn't clearly signed as I put. There were no signs as I turned into the road and the first sign I came across was fully obstructed by a tree. Not making excuses but I wasnt really looking at the street lights.

Streetlights being the signage required, which proves my point and disproves yours I'm afraid.
Logician
You went past this pair of signs before the double roundabout, and you came into an area with streetlights. You turned into Halt Road and there were still streetlights and no indication of any other limit. I do not see any defence available to you.
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