forgotten NIP?
Discussion
Back in November 2004 I got flashed by a Gatos, fair enough, the tricky devils had placed a camera on a NSL road just as it changed to a new 40 MPH limit.
I didn't notice the change of speed limit.
Had the NIP within 14 days, reluctantly filled it in and sent it back.
Worrying bit is I haven't heard anything since!
I think I'm correct in thinking they have 6 months to prosecute, so is this likely and they claim I never sent it to avoid points??
I was hoping to go to court for this one due to the naff signage!
I didn't notice the change of speed limit.
Had the NIP within 14 days, reluctantly filled it in and sent it back.
Worrying bit is I haven't heard anything since!
I think I'm correct in thinking they have 6 months to prosecute, so is this likely and they claim I never sent it to avoid points??
I was hoping to go to court for this one due to the naff signage!
si_j said:
Back in November 2004 I got flashed by a Gatos, fair enough, the tricky devils had placed a camera on a NSL road just as it changed to a new 40 MPH limit.
I didn't notice the change of speed limit.
Had the NIP within 14 days, reluctantly filled it in and sent it back.
Worrying bit is I haven't heard anything since!
I think I'm correct in thinking they have 6 months to prosecute, so is this likely and they claim I never sent it to avoid points??
I was hoping to go to court for this one due to the naff signage!
They've got plenty of time to send the summons...
sleep easier after May....
Tell me again what's tricky about putting a camera on a 40mph zone, after it had been a NSL. Presume there was a preliminary 40mph zone sign...warning you of the change of speed....
Forward observations and all that...
Streetcop said:
They've got plenty of time to send the summons...
sleep easier after May....
Tell me again what's tricky about putting a camera on a 40mph zone, after it had been a NSL. Presume there was a preliminary 40mph zone sign...warning you of the change of speed....
Forward observations and all that...
Nope, I've been back down that road and checked, all that is there is a red tarmac 40 sign on the road surface itself just before the camera and then the rest of the "indications" are after you have passed the camera.
Streetcop said:
Tell me again what's tricky about putting a camera on a 40mph zone, after it had been a NSL. Presume there was a preliminary 40mph zone sign...warning you of the change of speed....
Forward observations and all that...
Yes street but wouldn't one of those reminder signs that light up the speed limit and 'slow down' be better that persecuting someone for missing some poor sign posting???
Just had an email from home - the summons has turned up this morning. I'm required to attend court at the end of May and take my licence with me.
So as I've never been to court before and haven't actually read/seen the summons yet (I'm in work)
What do I do?
Obviously attend court. But do I need to go and sort myself out a solicitor?
I'm pretty sure if the NIP had been processed normaily I would have been looking at 6 points. However I already have 6 "valid" points on my licence and hence I would be up to 12 and shagged.
Now for the whiney bit - I can't afford to lose my licence as I'll lose my job (and family will starve etc etc). I work a rota pattern and public transport doesn't cater for shift workers. Even if I could use public transport it would take me about 3 hours to do a 30 min car journey.
So as I've never been to court before and haven't actually read/seen the summons yet (I'm in work)
What do I do?
Obviously attend court. But do I need to go and sort myself out a solicitor?
I'm pretty sure if the NIP had been processed normaily I would have been looking at 6 points. However I already have 6 "valid" points on my licence and hence I would be up to 12 and shagged.
Now for the whiney bit - I can't afford to lose my licence as I'll lose my job (and family will starve etc etc). I work a rota pattern and public transport doesn't cater for shift workers. Even if I could use public transport it would take me about 3 hours to do a 30 min car journey.
Jewhoo said:
Do some net research on the arguments you can use in your defence, they're likely to be found somewhere on here too, I'm new so don't know where they are, others will. Pray that the local is fair. Best of luck.
Thats what I'm currently doing - resarch and a bit of panicing.
I'd be happy with keeping my license and having to pay a "hefty" fine.
Go place this on pepipoo's site Liebchen. Und scan their previous threads for advice.
Look smart und business-like on the day - und give very clear und balanced reason why loss of licence would mean hardhips. But peipipoo can give you the best advice for this - I should think.
Und get a useful gadget ....
Look smart und business-like on the day - und give very clear und balanced reason why loss of licence would mean hardhips. But peipipoo can give you the best advice for this - I should think.
Und get a useful gadget ....
What speed have they alleged?
By not offering a Conditional Offer which is applicable for the speed range for a 40 limit,46 to 66mph, then it appears they are alleging over 66 which means automatically a Court appearance so that Court can assess the danger aspect and a possible disqualification irrespective of points.
The summons will show the date the Information was laid. If this was more than 6 months from the offence coming to the notice of the Prosecutor then it is void.
Not a job that you can plead Guilty by letter and personal appearance will be required. If I am right about matters in second para above then it may be prudent to hire a solicitor to put forward a case of hardship (with evidence) that a ban would mean loss of job, house, marriage etc etc. If believed then Mags can defer on the disqualification aspect.
Failing that do your research to present your argument for not banning with your evidence(letter from boss etc) and go to Court early and speak to the Court Duty Solicitor to see if he will act as your advocate (free).
Just noticed that you allege a signing defect. Check the ADB site on exactly what signs should be displayed
and if there is a discrepancy that may give you grounds from pleading Not Guilty as the Speed Limit Order is unlawful if it is not signed correctly. Again you will have to provide evidence to prove by photo's etc and if this is the case than again you may wish to consider a legal eagle.
DVD
>> Edited by Dwight VanDriver on Wednesday 4th May 17:04
By not offering a Conditional Offer which is applicable for the speed range for a 40 limit,46 to 66mph, then it appears they are alleging over 66 which means automatically a Court appearance so that Court can assess the danger aspect and a possible disqualification irrespective of points.
The summons will show the date the Information was laid. If this was more than 6 months from the offence coming to the notice of the Prosecutor then it is void.
Not a job that you can plead Guilty by letter and personal appearance will be required. If I am right about matters in second para above then it may be prudent to hire a solicitor to put forward a case of hardship (with evidence) that a ban would mean loss of job, house, marriage etc etc. If believed then Mags can defer on the disqualification aspect.
Failing that do your research to present your argument for not banning with your evidence(letter from boss etc) and go to Court early and speak to the Court Duty Solicitor to see if he will act as your advocate (free).
Just noticed that you allege a signing defect. Check the ADB site on exactly what signs should be displayed
and if there is a discrepancy that may give you grounds from pleading Not Guilty as the Speed Limit Order is unlawful if it is not signed correctly. Again you will have to provide evidence to prove by photo's etc and if this is the case than again you may wish to consider a legal eagle.
DVD
>> Edited by Dwight VanDriver on Wednesday 4th May 17:04
Raify said:
Eeek you've been cloned. Start building up a file of evidence and call the police immediately.
In the case of this NIP, ask for the photo's, you'll probably find a subtle difference in the car.
Excellent - used properly this could cast doubt on your previous confession......
Just thought I'd mention it, as was given duff information.
I was told by my usual firm of solicitors - the "motor offences" section of it, to use the court duty solicitor on the day of the summons.
Got to court, signed in with the usher, asked to speak to the duty, and was refused - "They don't cover motoring offences of this nature"
DOH!
Not sure if it is court specific or offence specific but it's worth checking out beforehand if your ever in this situation.
I wing'd it and got off ok
I was told by my usual firm of solicitors - the "motor offences" section of it, to use the court duty solicitor on the day of the summons.
Got to court, signed in with the usher, asked to speak to the duty, and was refused - "They don't cover motoring offences of this nature"
DOH!
Not sure if it is court specific or offence specific but it's worth checking out beforehand if your ever in this situation.
I wing'd it and got off ok
si_j said:
now seriously pi'd off
just received a NIP form West Midlands Police saying that on 26/4/05 I was caught doing 40 ina 30 zone.
1) I have never been to Wolverhampton
2) I was in work at time of offence.
3) My car was outside int eh car park of my work place at time of offence.
I got a letter of apology from West Midlands Police over their cockup over this
cptsideways said:
More info required please!!!!
How, what, when etc we all need to know
I mentioned briefly that the change in speed limit was poorly marked and having a gatso 100 yards down from the change over was a bit sly.
However my main line of defense was that if I lost my licence I would lose my job - I work a rota pattern and unsocial hours so public transport wasn't an option. Therefore losing my job would cause my family to suffer more especialy so with a 14 week baby.
I received a 7 day disqualification and costs - no points. I only had to be in work 3 day of the week I was disqualified so I think I got off ok.
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