About to get an NIP - A location question

[vex]

About to get an NIP, driving wifys car and didnt see the mobile van until the last minute.

71 in a 60.

However, I am interested to see thier justification for the location and also the time / conditions for the actual event.

Can I request details / info on this to possibly challenge the NIP?

Also do the vans have to be as 'identifiable' as the roadside camera? If so I am sure this van was facing me with little indication as to what it was doing or its scaming capability.

If it is a flat no, I can accept that, I've been driving quick for 10 years with no tickets so it had to happen sooner or later.

[7db]

No. None of those provide a defence.

However, if you were an speedo indicated 71 in a 60, there's a good chance that you were in fact close to or below their threshold.

You just have to wait for 14 days and watch the letter box.

[vex]

Ok,

Wife has had the NIP through, so she has filled in my details so I know it was listed as 71 in a 60 by them.

Still interested in the reason for thier location though.

[lord summerisle]

'dont ask the reasons why.. cos there aint any'



££.

[Dwight VanDriver]

Yes you can challege NIP by pleading NG and you should get all details under the disclosure of evidence rules (including the fact that you should serve your defence on CPS pre trial).

Vans do not have to be identifiable or signed and according to ACPO can be covert if the situation demands.

Final para says it all ......ah well.

dvd

[Observer2]

[redacted]

[vex]

Sorry DVD,

But what do you mean by NG?

[ledfoot]

vex said:

Sorry DVD, But what do you mean by NG?

NG = Not Guilty

[vex]

Doh,

never even thought of that! Thanks Lf.

[Dwight VanDriver]

Observer2 said:

Dwight VanDriver said: Yes you can challege NIP by pleading NG and you should get all details under the disclosure of evidence rules (including the fact that you should serve your defence on CPS pre trial). Sorry DVD - you don't have to notify your defence pre-summary trial

Spot on Observer - just testing you understand!!!!!!.

re read Part 1 Criminal Procedure and Investigations Act 1996 and compulsory disclosure by defence applies on indictment. For summary before Mags it is only voluntary. Thought there had been an amendment to bring it in line with trial procedure but have yet to find it.

dvd

[vex]

So what is the impact if I plead NG?

What evidence do I need to collect / ask for and can the open location, quiet time, very good weather conditions, wifes car etc be used as mitigating circumstances.

Having never had one before, If I go the NG route and am found guilty is the fine larger?

[esselte]

vex said:

So what is the impact if I plead NG? What evidence do I need to collect / ask for and can the open location, quiet time, very good weather conditions, wifes car etc be used as mitigating circumstances. Having never had one before, If I go the NG route and am found guilty is the fine larger?

Have a guess.

[heebeegeetee]

vex said:

So what is the impact if I plead NG? What evidence do I need to collect / ask for and can the open location, quiet time, very good weather conditions, wifes car etc be used as mitigating circumstances. Having never had one before, If I go the NG route and am found guilty is the fine larger?

It is only larger if you are offered (and decline) the fixed penalty of 3 points and xx quid. If you end up being taken to court you can plead not guilty without further penalty.