NIP for 39 in a 30 - how to proceed
Discussion
Have received a NIP for 39mph in a 30mph limit (actually wife's car and not confirmed which of us was driving). Should we:
1. Argue it is self-incriminating to respond stating who was driving the vehicle.
2. Challenge the fact that it was too close to speed limit to be accurate.
3. Take it and fume about the fact they sent a leaflet claiming it was not for revenue generation but to catch dangerous driving (dual carriageway, albeit built-up area).
Advice appreciated.
Paul
1. Argue it is self-incriminating to respond stating who was driving the vehicle.
2. Challenge the fact that it was too close to speed limit to be accurate.
3. Take it and fume about the fact they sent a leaflet claiming it was not for revenue generation but to catch dangerous driving (dual carriageway, albeit built-up area).
Advice appreciated.
Paul
Have received a NIP for 39mph in a 30mph limit (actually wife's car and not confirmed which of us was driving). Should we:
1. Argue it is self-incriminating to respond stating who was driving the vehicle.
2. Challenge the fact that it was too close to speed limit to be accurate.
3. Take it and fume about the fact they sent a leaflet claiming it was not for revenue generation but to catch dangerous driving (dual carriageway, albeit built-up area).
Advice appreciated.
Paul
(a) is a possibility, (b) wont wash at all, (c) is th elast resort ...... go for (a) to begin with...
Thay actually sent a leaflet saying that did they?? My god we are getting to them!!!!!! Can you scan it and post it??
Do what I did:
Write back poitely explaining that you were house hunting at the time and can't remember which one of you was driving.
Please could they provide photographic evidence so that you and your wife can resolve the matter.
Sadly, after a brief interchange of letters plod supplied a photo and it was clearly me. However, at least I got a nice piccy. (58 in a 50 zone!)
I think one of you is going to get 3 points though.
Write back poitely explaining that you were house hunting at the time and can't remember which one of you was driving.
Please could they provide photographic evidence so that you and your wife can resolve the matter.
Sadly, after a brief interchange of letters plod supplied a photo and it was clearly me. However, at least I got a nice piccy. (58 in a 50 zone!)
I think one of you is going to get 3 points though.
1. Argue it is self-incriminating to respond stating who was driving the vehicle.
This doesn't work - its been tried.
2. Challenge the fact that it was too close to speed limit to be accurate.
You're 30% over, that isn't considered close.
3. Take it and fume about the fact they sent a leaflet claiming it was not for revenue generation but to catch dangerous driving (dual carriageway, albeit built-up area).
Maybe the easiest as it would normally be a fixed penalty and 3 points. Going to court will cost you more in time plus if found guilty you may end up with a bigger fine plus costs.
It depends if you think you have a good chance of being found not guilty. Why were you doing 39 mph in a 30mph - sounds low for a dual carriageway.
This doesn't work - its been tried.
2. Challenge the fact that it was too close to speed limit to be accurate.
You're 30% over, that isn't considered close.
3. Take it and fume about the fact they sent a leaflet claiming it was not for revenue generation but to catch dangerous driving (dual carriageway, albeit built-up area).
Maybe the easiest as it would normally be a fixed penalty and 3 points. Going to court will cost you more in time plus if found guilty you may end up with a bigger fine plus costs.
It depends if you think you have a good chance of being found not guilty. Why were you doing 39 mph in a 30mph - sounds low for a dual carriageway.
any more good ideas 
30 mile/h is nowadays found quite often on dual carriageways and in rural un built up areas. Often they have nothing to do with accidents or the dangerous is a badly positioned junction on the opposite side from the policed areas. The Scameras love 'em. The nonsensical limit fools many quite often.
Pls enlighten us as to where this spot is !
Pls enlighten us as to where this spot is !
errr, it's worth fighting for. Once you get 3pts, it's only another 3 and you're looking at raised insurance for 4 years.
Get the photos, and if it can't be seen who is driving, say you can't remember.
By the way, when you go to court, you may claim expenses against the CPS. I know this, because I did it.
C
Get the photos, and if it can't be seen who is driving, say you can't remember.
By the way, when you go to court, you may claim expenses against the CPS. I know this, because I did it.
C
Option 1 has been argued up to the Privy Council, and lost. ECHR is excluded from S.172, so you must reply.
Option 2 will be amount to either refuse to give info, option 1, and lead to an even bigger fine, or if done whilst refusing conditional offer, probably read out in court when the case gets there. That creates the perception of some twat paying so little attention as to know the limit, yet thinks he's more reliable than £40,000 of purpose built machinery, which is certified accurate. Not such a good strategy ! !
Go for Option 3 and hope the photo is inconclusive.
Option 2 will be amount to either refuse to give info, option 1, and lead to an even bigger fine, or if done whilst refusing conditional offer, probably read out in court when the case gets there. That creates the perception of some twat paying so little attention as to know the limit, yet thinks he's more reliable than £40,000 of purpose built machinery, which is certified accurate. Not such a good strategy ! !
Go for Option 3 and hope the photo is inconclusive.
I'm new on here but I assume everybody knows about this site?
www.residentlawyer.com/motoring/speeding/index.htm
It's very useful.
www.residentlawyer.com/motoring/speeding/index.htm
It's very useful.
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