NIP road details: how precise?
Discussion
On a NIP how precise do the details of the place of offence have to be?
A friend received one and it gives just a road name which we can't find on any map of the area. We have a rough idea which one it is but the roads limits change half way along from 30 to NSL and there are no street name signs on the road either. Also there is no mention of the direction of the vehicle.
Advice please.
A friend received one and it gives just a road name which we can't find on any map of the area. We have a rough idea which one it is but the roads limits change half way along from 30 to NSL and there are no street name signs on the road either. Also there is no mention of the direction of the vehicle.
Advice please.
jeffreyarcher said:
Does the NIP specify the limit that was infringed? If not, and assuming that the alleged speed (if stated) infringed both, you may be able to argue that you were misled by the lack of specification.
Failing that, unless the AXX in that town is anywhere near 4 miles long, I think that you'll be toiling to make that stick.
The NIP states "excess speed 30mph camera device, recorded speed 44mph" then the date, time, and the street/town. The road we think they are referring to is 2.5 miles long and changes to NSL about half way along.
Doesn't look good does it?
Dwight VanDriver said:
JA
The only requirement IIRC on the NOIP is to state that a person is being reported for exceeding A SPEED LIMIT without going into detail as to exactly what limit. Some Forces used to elaborate by adding 30mph in BUA or class and description of vehicle. There are cases where NOIP stated only dangerous driving and held to be good when charged and convicted of due care and vice versa (Milner v Allen 1933 etc).
From what has been stated above as the offence has been outlined, road and town named, then the object of the NOIP to guard against the possibility of the driver being taken unawares some time after the offence when witnesses may be difficult to trace has been accomplished and service good.
DVD
You missed the whole point DVD... we can't find the road.... not on a map.... not on a web site about maps..... not even in the bleedin village!
hertsbiker said:
blueyes said:
Sorry, I forgot to mention that they did state the street name AND the town. The problem is it's not listed on any map or on any street signs in the area. All it has on a map is a road number.
Would this be ESSEX Police by any chance?
Nope, Gwents finest!
Just to update you I've written to them for clarification. They've replied stating that "the contents of my letter are receiving attention"
>> Edited by blueyes on Saturday 8th May 10:25
Just had a reply!
They said, " The location of the offence is as the N.I.P., the location details are correct and will not be altered. However, I am able to inform you that N***** Road is situated on the A*** and runs between the centre of Y****** and N******.
I enclose photo prints taken fromthe video for your assistance, which in my opinion clearly identify the driver"
Well that's a first!
Problem is:
1. The road mentioned changes from 30 to NSL half way along so I've asked them to clarify the exact position and kindly re-issue the N.I.P.
2. The photos are VERY good... BUT the only one which shows a speed has TIMEOUT on the bottom so I've told them this is not acceptable as evidence and requested some stills without an error code but with a speed.
Sent the letter Special Delivery and I'll update you in the future.
Any comments are welcome.
They said, " The location of the offence is as the N.I.P., the location details are correct and will not be altered. However, I am able to inform you that N***** Road is situated on the A*** and runs between the centre of Y****** and N******.
I enclose photo prints taken fromthe video for your assistance, which in my opinion clearly identify the driver"
Well that's a first!
Problem is:
1. The road mentioned changes from 30 to NSL half way along so I've asked them to clarify the exact position and kindly re-issue the N.I.P.
2. The photos are VERY good... BUT the only one which shows a speed has TIMEOUT on the bottom so I've told them this is not acceptable as evidence and requested some stills without an error code but with a speed.
Sent the letter Special Delivery and I'll update you in the future.
Any comments are welcome.
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