NIP - challenge or not ?
Discussion
Received a NIP for 72mph, location and date/time of offence given but NOT the speed limit at said location.
Single carriageway NSL so assuming 60. Quoting RTOA 1988 below, section (c) states "nature of the offence". My NIP just states 72mph.
Should I challenge in court or just take one up the bum ?
ROTA 1988 :-
(1)Subject to section 2 of this Act, [F1a person shall not be convicted of an offence to which this section applies unless]—
(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
(b)within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
(c)within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed.
Single carriageway NSL so assuming 60. Quoting RTOA 1988 below, section (c) states "nature of the offence". My NIP just states 72mph.
Should I challenge in court or just take one up the bum ?
ROTA 1988 :-
(1)Subject to section 2 of this Act, [F1a person shall not be convicted of an offence to which this section applies unless]—
(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
(b)within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
(c)within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed.
If you know of anywhere in the UK where the speed limit is greater than 70 mph, fill your boots. On the other hand, er, don't.
NB sweary link -
http://cdn.shopify.com/s/files/1/0351/1705/product...
NB sweary link -
http://cdn.shopify.com/s/files/1/0351/1705/product...
Breadvan72 said:
LoonR1, get over here and take a look at this thread before we go over the wire and make a run for it.
Jesus, threads turn to s
t fast enough already on here without you inviting it to happen. What do you expect him to do, borrow his mates GT-R to " prove " something again?Breadvan72 said:
Find a local FOTL nutter to make an under the table video of you trying the point on with the local Mags. We could all do with a good laugh.
LoonR1, get over here and take a look at this thread before we go over the wire and make a run for it.
He's got loads of defences thoughLoonR1, get over here and take a look at this thread before we go over the wire and make a run for it.
It was the weekend and speed limits don't apply
Germany
There are too many children for the available school places, so he was doing the country a service
Germany
Speed limits are set by buffoons
Germany
Blink of an eye
Germany
Modern cars are too quiet
Germany
Modern cars are too powerful
Germany
Was merely "making progress"
Germany
Driving God unable to look at speedo cos if did would lose control, crash and burn and destroy nuns and kittens
Germany
Why don't you go and catch some burglars?
Germany
Van parked on yellow line
Germany
Dazzled by sun so had to speed up
Germany
Doesn't apply in Scotland
Germany
Not wearing a hat
Germany
Germany
Driving God unable to look at speedo cos if did would lose control, crash and burn and destroy nuns and kittens
Germany
Why don't you go and catch some burglars?
Germany
Van parked on yellow line
Germany
Dazzled by sun so had to speed up
Germany
Doesn't apply in Scotland
Germany
Not wearing a hat
Germany
LoonR1 said:
He's got loads of defences though
It was the weekend and speed limits don't apply
Germany
There are too many children for the available school places, so he was doing the country a service
Germany
Speed limits are set by buffoons
Germany
Blink of an eye
Germany
Modern cars are too quiet
Germany
Modern cars are too powerful
Germany
It was the weekend and speed limits don't apply
Germany
There are too many children for the available school places, so he was doing the country a service
Germany
Speed limits are set by buffoons
Germany
Blink of an eye
Germany
Modern cars are too quiet
Germany
Modern cars are too powerful
Germany
Breadvan72 said:
Was merely "making progress"
Germany
Driving God unable to look at speedo cos if did would lose control, crash and burn and destroy nuns and kittens
Germany
Why don't you go and catch some burglars?
Germany
Van parked on yellow line
Germany
Dazzled by sun so had to speed up
Germany
Doesn't apply in Scotland
Germany
Not wearing a hat
Germany
Germany
Driving God unable to look at speedo cos if did would lose control, crash and burn and destroy nuns and kittens
Germany
Why don't you go and catch some burglars?
Germany
Van parked on yellow line
Germany
Dazzled by sun so had to speed up
Germany
Doesn't apply in Scotland
Germany
Not wearing a hat
Germany
LoonR1 said:
I was fully insured, unlike every other Eastern European / Asian
Germany
They weren't painted bright yellow and the law says they have to be
Germany
I'll never help the police again
Germany
The sirens are too noisy
Germany
Naah he needs Pete317 as his defence lawyer...he's got lots of good ones.... far better than you pair of clowns. Germany
They weren't painted bright yellow and the law says they have to be
Germany
I'll never help the police again
Germany
The sirens are too noisy
Germany
Ferris Beuller said:
Received a NIP for 72mph, location and date/time of offence given but NOT the speed limit at said location.
Single carriageway NSL so assuming 60. Quoting RTOA 1988 below, section (c) states "nature of the offence". My NIP just states 72mph.
Should I challenge in court or just take one up the bum ?
(c)within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed.
Do you have lots of money?Single carriageway NSL so assuming 60. Quoting RTOA 1988 below, section (c) states "nature of the offence". My NIP just states 72mph.
Should I challenge in court or just take one up the bum ?
(c)within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed.
I'm not sure Nick Freeman practices any more, or whether he's taken early retirement. That should given an indication of how much he charges.
If you had 'mad stacks' and fancied sticking one to the man, then there may be an angle here, and they might advise you to do nothing, not reply and they would defend you when the offence is failure to reply along the lines that their failure prevented you.
Just to clarify - I'm not advising you do that.
That's high risk though, and would need a specialist lawyer to argue your case, as if you argued that, the magistrates would smirk at each other, before giving doling out your income based assessed fine.
The lawyer is likely to cost 20 times the cost of the fine, so I'd take the 3 points and £100 any day.
It was a fine clear day
Germany
The road was dry
Germany
There was no camera signs so I couldn't slow down in time
Germany
Why wasn't the van near a school or hospital
Germany
They were at the bottom of a hill it isn't fair my car can't do the speed limit or less on a hill
Germany
I'm John of the family tw*t so am not subject to your laws
Germany
My wife was in labour and I needed to supervise the medical team
Germany
I needed the toilet desperately so had to speed up to get there 10 seconds earlier than the limit allowed
Germany
The sun was blinding so I couldn't see the van doh!
Germany
The police were parked illegally
Germany
One of the street lights was out near where I was caught so the 30 limit isn't valid
Germany
The van was wobbling so the laser couldn't get a good speed
Germany
At that distance the speed won't be accurate
Germany
I'm demanding a Newton hearing
Germany
I've got hundreds of these, each as invalid as the rest.
Germany
The road was dry
Germany
There was no camera signs so I couldn't slow down in time
Germany
Why wasn't the van near a school or hospital
Germany
They were at the bottom of a hill it isn't fair my car can't do the speed limit or less on a hill
Germany
I'm John of the family tw*t so am not subject to your laws
Germany
My wife was in labour and I needed to supervise the medical team
Germany
I needed the toilet desperately so had to speed up to get there 10 seconds earlier than the limit allowed
Germany
The sun was blinding so I couldn't see the van doh!
Germany
The police were parked illegally
Germany
One of the street lights was out near where I was caught so the 30 limit isn't valid
Germany
The van was wobbling so the laser couldn't get a good speed
Germany
At that distance the speed won't be accurate
Germany
I'm demanding a Newton hearing
Germany
I've got hundreds of these, each as invalid as the rest.
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