Advice needed! i have received a NOIP

[Ewazix]

The purpose of the NIP is to forewarn a driver who was not stopped at the time of the alleged offence that prosecution may follow, and allow the driver an opportunity to recall the circumstances and consider a defence. The rules of the NIP have been complied with, you do recall the circumstances of the alleged incident and have publicly told everybody the facts. The possible error over the road name in the NIP (not a charge or summons) is a minor admin error which has by your own admissions not prevented you from recalling events, so the Court is certain to find that there was no unfairness.
Challenge it by all means, go to Court if you feel lucky but charges and summonses can be amended particularly typos and admin so I would rate your chances as low with a risk of prosecution. We all do it, sometimes our luck runs out but Id honestly do the course if it's offered and move on.

 

[Dav the wheel nut]

I believe if you were going to be offered a speed awareness course that this would have been stated at the time you received the NIP.
If this is the case I would write back admitting that I was the driver of the vehicle at that time and date but at NO time travelled on the road stated on the NIP, which incidentally is governed by a 50 mph speed restriction.
Keep it brief and polite and say you look forward to their observations in relation to this matter. What have you got to lose at this point? You haven't admitted or denied the allegation and you can make a decision as to your next move after their response.

 

[Anonymous]

If you are certain that you were still in the 40 zone when the picture was taken, then perhaps see if the photo proves it...and if so, fight it. Where the cameraman was is irrelevant surely due to zoom lenses.

However, please don't assume that doing the course (if offered) is a waste of 4 hrs of your life. Certainly, if you do it and turn up with that attitude, they could still give you points!

Any driver training is good, no matter what the circumstances, and I'm sure you would learn something from it.

 

[biggiz_40]

I got caught speeding in my M5 doing 137mph on my way to my wedding 12 years ago.

Fortunately for me when I went to court the recording equipment in the Traffic car couldn't keep up (playing with an Audi RS and BMW 8 series coupe) they had to go on the last recorded speed 97mph.

Result - 5 points, massive fine and a good telling off by the Magistrate as to how lucky I'd been and that the motorway was quiet and free of traffic (3am and I stated these facts in my statement).
.
But on a more serious note, this taught me valuable lesson.
I now set my cruise to the local limit every time I'm in a residential area and often on the Motorway (well 75 ish).

I say fight it all the way giving the taxes we pay to drive these beautiful cars.
Not proud and just my 2 tuppence worth. :stir:

 

[jenifahaych]

I believe if you were going to be offered a speed awareness course that this would have been stated at the time you received the NIP.

Not correct. The NIP is a chance for you to confirm who the driver was. It's only once they have the driver information that they may/may not offer the course.

 

[GreyZed]

Magistrates guidance says speed limit (30mph) + 10% (3mph) + 6mph = 39mph so at or under this you'll probably get offered an overpriced speed awareness course. If you are caught doing more than +10% + 6mph then no course will be offered and you'll get a FPN (£60 + 3 points).

 

[aquazi]

Thanks for the advice.

On the principle of the matter i feel like fighting it... But also feel very fortunate to only have got caught now, it was inevitable really.

I have requested to see the photo, atleast then i can put my mind at rest wether i was in the 40 or 30 zone.

Aside from that if i was in the 30 zone which from whats been said i probably just crept into then i'll accept it... If i can do the course on the weekend will do that, otherwise take the points and move on!

I got a couple of insurance quotes online with 3 points "in theory" and most varied by £15-20, a couple didnt even change! So its not so worrying!


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[cj10jeeper]

Good thinking - sensible and pragmatic approach.

BTW - running online searches for quotes with fines and accidents gets back to insurers.My daughter put a crash into an online site (to see how they and fines would affect friends premiums) 10 days later a bill from Hastings for an indeared accident and admin charges. They took it out her account under the dd she had in place and took 2 weeks of hassle to get refunded.

 

[TitanTim]

Would having a decent speed detector have helped? I don't consciously speed but I always have one sitting on the dash that picks up fixed and mobile sites and verbally tells me when I'm straying over the limit. Cheaper buying one of these than paying fines

Tim.

 

[GreyZed]

Thanks for the advice.

On the principle of the matter i feel like fighting it... But also feel very fortunate to only have got caught now, it was inevitable really.

I have requested to see the photo, atleast then i can put my mind at rest wether i was in the 40 or 30 zone.

Aside from that if i was in the 30 zone which from whats been said i probably just crept into then i'll accept it... If i can do the course on the weekend will do that, otherwise take the points and move on!

I got a couple of insurance quotes online with 3 points "in theory" and most varied by £15-20, a couple didnt even change! So its not so worrying!


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Unless you have the friendliest local constabulary in the country you are unlikely to get to see the photo until you have formally challenged the fact that the alleged offence occurred (to be at this stage you must have received the FPN or summons - the NIP is just to confirm the driver details at the time of the incident with the registered keeper so that they know who to prosecute).

If you write back pointing out the inaccuracies in their description of the incident at NIP stage they may be slightly more minded to show you the photo to correct the details but more than likely they'll just stick to the standard procedure. The locations of most mobile camera sites are pre-approved and published into the public domain so I'd be surprised if they had one in the wrong place or were using the wrong settings.

Magistrates are usually going to side with the Police if you try the technicality defence. If you believe in your heart of hearts that you were speeding then just pay £60 and take 3 points and learn a lesson. I fear you could stand to lose more than you may gain by challenging this as a court will usually go well beyond the FPN levels both in terms of fine and points.

I know these things leave a sour taste in your mouth and stir up all kinds of emotions but just deal with it as quickly as possible and move on.

 

[Stuart Truman]

Seems like the advice is admit to being the driver, then when the FPN comes in, if it's incorrect, that's the time to decide whether to challenge.

 

[aquazi]

Letter written

I phrased it on the lines of i am insure of it was myself or my wife driving at the time, and if i can view the picture to find out.

If it is correct, then atleast i get a nice £95 souvenir that i can frame!

Would having a decent speed detector have helped? I don't consciously speed but I always have one sitting on the dash that picks up fixed and mobile sites and verbally tells me when I'm straying over the limit. Cheaper buying one of these than paying fines

Tim.

I have a road angel hardwired on my dash... Did nothing in this instance

BTW - running online searches for quotes with fines and accidents gets back to insurers.My daughter put a crash into an online site (to see how they and fines would affect friends premiums) 10 days later a bill from Hastings for an indeared accident and admin charges. They took it out her account under the dd she had in place and took 2 weeks of hassle to get refunded.

Cheers CJ, i'll have to keep an eye out for that. I just got a requote thing on confused.com using existing details


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[GreyZed]

Letter written

I phrased it on the lines of i am insure of it was myself or my wife driving at the time, and if i can view the picture to find out.

So have they let you see the photo?

 

[mcbeee]

I would be very surprised if they have got you in the 40 zone. They set these things up right at speed changes to catch the highest number of people possible. I would also hazard a guess that the mistake with regard to location would be deemed a small administrative error and you would still get done.

I got a NIP a few months back under very similar circumstances. Going from a country road which is a 50 to a 30. I was caught at 48 in the 30 but convinced myself i was not out of the 50 zone. However, after some advice i decided it wasn't worth arguing..

I got nabbed with a laser two years ago, same thing, speed change, the problem was the cop had the equipment set for the wrong roadsign, he had it set for the first sign on the road which read "50kms ahead", the second sign read "50KMS". He looked a right burk in court when I told the judge he was holding the radar gun under his arm and walking across the road as I passed the "50kms" sign.

Thrown out of court .......the case , not me

 

[aquazi]

Letter written

I phrased it on the lines of i am insure of it was myself or my wife driving at the time, and if i can view the picture to find out.

So have they let you see the photo?

No word yet.

And to add another twist... Unrelated to this... My wife who has had a clean licence, never been caught got caught last week at 82 on the a38 coming hime from work... and also received a NOIP!

Never heard of anyone getting caught on the A38 before and now thats both of us driving like miss daisy now!


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[mmm-five]

And to add another twist... Unrelated to this... My wife who has had a clean licence, never been caught got caught last week at 82 on the a38 coming hime from work... and also received a NOIP!

Never heard of anyone getting caught on the A38 before and now thats both of us driving like miss daisy now!

[cynic]

I assume that anyone who uses the roads regularly has got used to where the speed traps are, are now slowing down in those locations, and the revenue has dropped. So they're now going to other, virgin locations to increase their revenue.

[/cynic]

 

[aquazi]

And to add another twist... Unrelated to this... My wife who has had a clean licence, never been caught got caught last week at 82 on the a38 coming hime from work... and also received a NOIP!

Never heard of anyone getting caught on the A38 before and now thats both of us driving like miss daisy now!

[cynic]

I assume that anyone who uses the roads regularly has got used to where the speed traps are, are now slowing down in those locations, and the revenue has dropped. So they're now going to other, virgin locations to increase their revenue.

[/cynic]

I actually agree! The fact it was the a38 after the M6 toll... Means it was a blatant revenue hunt - heck i'd be surprised if i dont see a mobile unit on the toll road one day soon.


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[BMWZ4MC]

I'd be careful on the M6 Toll Road - all the rumours regarding the lack of enforcement of the speed limit are untrue...

 

[aquazi]

I'd be careful on the M6 Toll Road - all the rumours regarding the lack of enforcement of the speed limit are untrue...

I have seen unmarked cars a few times on the toll, pulling over the usual Audi rep... but yet to see a camera.

I always stick to under 80 on the toll... Mainly as my 120d doesnt have the grunt to go much faster :lol:




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[BMWZ4MC]

I'm pretty sure your 120d is faster than my E46 320d and I know that can do more than 80