No speed on NIP

[mel]

Anyone know a way to get a speed out of a SCP when they send out a NIP but hide behind the Data Protection Act as a reason for not saying what speed has been clocked until you tell them who was driving. All it says is "in excess of 30mph limit" in their FAQ's they claim this is to "help" the driver so that potentially a company if the vehicle is a company car and hence sent the NIP doesn't get told how fast an employee was driving which could effect their career! and say that they believe their interpretation of the DPA means they shouldn't disclose more information than necessary to identify the driver and the speed would help do this. I must admit it does kind of sound plausible but is a pain in the arse when deciding what course of action to take with the NIP.

[bond-007]

There is a world of difference in someone doing 40 in a 30 and someone doing 70+ in a 30. One would mean £60 and 3 points and the other a definite ban and a big fine.

If a person was doing 70+ in a 30 it would be far more prudent not to supply info and get done for S172 which is 3 points instead of a ban. See what I mean?

[Dwight Vandriver]

Bear in mind James that if 172 offence at Court then evidence has to be given of the offence which justifies them sending the 172 by law. Not all offences attract this. Speeding does.

If the Magistrates read between the lines then they have the power to impose a discretionary disqualification on an individual under RTOAct88.

dvd

[tigger1]

As much as I *hate* people hiding behid the DPA over pi55y things...I think they're well within their rights. They don't have to prove how fast you were going, nor tell you - they only have to prove on balance of probability (in the first instance, i think), that you exceeded the limit.

At the end of the day though, ask yourself, were you speeding? Ask them exactly where the offence was - this will help to identify who was driving if there is any doubt in your mind (which their could be). If they can't narrow it down to more than "the A6" say, then it could be very hard for you to honestly say who was driving...but you must show due diligence in trying to identify the driver - don't just take the ps.

[mel]

bond-007 said:

There is a world of difference in someone doing 40 in a 30 and someone doing 70+ in a 30. One would mean £60 and 3 points and the other a definite ban and a big fine.

If a person was doing 70+ in a 30 it would be far more prudent not to supply info and get done for S172 which is 3 points instead of a ban. See what I mean?

Exactly!

If for example we genuinely didn't know who was driving out of 2 possibilities as we each drove down the road in question within 20 minutes of each other in the same car AND the offence in question was over a 3 points £60 level then we would feel obliged to fight it along those lines, if however it was say a 36 in a 30 then one or other of us might feel the urge to roll over and take it on the chin and save the hassle. It does say however that it was manned equipment and video/photgraphic evidence is avaliable which seeing as the car in question is a convertable and the roof was off all day, then by asking for the photographic evidence to help identify the driver we may be making a rod for our own backs as the driver may be beyond doubt with either long blonde hair or short dark!