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Old 19 January 2007, 10:45 AM
  #1  
Tasberley
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Default Help with NIP and advice needed

Hiya guys.

I receieved the dreaded NIP this morning.. Need some help and advice.. Basically the nip is saying that I was doing 62 in a 40 which I simply don't believe. I remember the day and I'm sure I wasnt doing that kind of speed and I always keep an eye on my speed on my road angel..

Anyways I remember the place and have taken photos... THe camera van was on the other side of the road parked in a layby; THe camera van was parked where my car is on the pic... I was approaching from where this pic is taken...



This pic(below) shows the view from where the camera van would have been parked. I really would have thought this would only have been able to accurately see cars speeding the opposite way to the way I was travelling..


any advise really appreciated... sorry about the poor quality pictures..

Last edited by Tasberley; 19 January 2007 at 10:47 AM.
Old 19 January 2007, 10:56 AM
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weslad
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i afraid i wont be able to offer advice but im sure there will be lads on here who mabey can remember the address of a webside you can go to that has people in the know with these types of things , i was going to post on here asking for the addy last night for advice regarding a fpn as whwn i recieved my licence back they had put the wrong code on ( an sp20 instead of nan sp10)........... if i find the sight i,ll post it up here !
Old 19 January 2007, 11:01 AM
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i think the site you mention is called pelpoo or something along those lines...
Tas - i'd ask for photographic evidence and that will state the speed you were travelling on it also...

Raf.
Old 19 January 2007, 11:02 AM
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weslad
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ps , regarding your problem , i know the vans normally have the camera pointing out of a side or out or the rear of the van so unless they turned the van or they have a forward facing camera i can understand where you are coming from with regards to the camera getting you , have you asked for a picture ? if not then you should ask for a clear picture to be sent to you , mabey then you can get a good provable reference to where you were positioned on the road , if they have indeed got you then it sounds like you wouldn,t have a leg to stand on as im not sure ive heard of a camera being that far out of calibration (im sure somebody will tell me otherwise if so)
Old 19 January 2007, 11:15 AM
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rallying1
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Dont think I will bother with Road Angel then if it didnt pick the van up

As far as you defence goes, unless they have some calibration problem or other material defect then brace yourself son its gonna hurt yer wallet.
Old 19 January 2007, 11:29 AM
  #6  
andy97
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Originally Posted by Tasberley
Hiya guys.

I receieved the dreaded NIP this morning.. Need some help and advice.. Basically the nip is saying that I was doing 62 in a 40 which I simply don't believe. I remember the day and I'm sure I wasnt doing that kind of speed and I always keep an eye on my speed on my road angel..

Anyways I remember the place and have taken photos... THe camera van was on the other side of the road parked in a layby; THe camera van was parked where my car is on the pic... I was approaching from where this pic is taken...



This pic(below) shows the view from where the camera van would have been parked. I really would have thought this would only have been able to accurately see cars speeding the opposite way to the way I was travelling..


any advise really appreciated... sorry about the poor quality pictures..
The speed quoted is probably outside the Cofp region(3 points £60), so a court appearance might be on the cards. This carries a risk of 4-6 points or short period ban (SPD). So with that in mind, you should fight the allegation, because your going to have the hassle of going to court anyway.

You seem to know it was you driving, so use the Pace witness defence. Join PePiPoo: Helping the motorist to get justice fill in the nip wizard to give all the relevant details to the members, so they will be able to guide you as to the best course of action/defence.

Are you aware that the ECHR O'Halloran/Francis case judgement is due out iminently and if the judgement is won for O & F then your case will disappear aswell. So dont just give in yet, there is much to be won by fighting.

Andy
Old 19 January 2007, 11:37 AM
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Coffin Dodger
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Originally Posted by Tasberley
Hiya guys.

I receieved the dreaded NIP this morning.. Need some help and advice.. Basically the nip is saying that I was doing 62 in a 40 which I simply don't believe. I remember the day and I'm sure I wasnt doing that kind of speed and I always keep an eye on my speed on my road angel..
You're fcuked mate, you were speeding and excessively at that! Just take your punishment like a man. You deserve a ban but I guess you may be lucky and get a sympathetic hearing with all the usual **** about needing to drive for work (letter for employer), elderly relative reliant on you etc.

Hope you learn your lesson
Old 19 January 2007, 11:38 AM
  #8  
andy97
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Originally Posted by Coffin Dodger
You're fcuked mate, you were speeding and excessively at that! Just take your punishment like a man. You deserve a ban but I guess you may be lucky and get a sympathetic hearing with all the usual **** about needing to drive for work (letter for employer), elderly relative reliant on you etc.

Hope you learn your lesson

Shut up Lewis
Old 19 January 2007, 11:48 AM
  #9  
Boro
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Did you get the NIP within 14 days of the alledged offence?

Highly recommend pepipoo website posted above, theres alot of good info on there, takes a while to digest it all, worth looking over the next few days tho.
Old 19 January 2007, 11:56 AM
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worth getting the pic. distinctive car and you might well have been cloned although doing it in the local area isn't usual.
Old 19 January 2007, 12:27 PM
  #11  
Abdabz
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I dont think not remembering speeding is a valid defence in court
Taking pictures of where it happened probably isnt a valid defence either
It seems you had a momentary lapse in concentration which is a valid case for prosecution.
Pepipoo is a good source of information for cases where signs are not erected correctly etc, but to try and evade capture on the grounds mentioned above... Alas no...
Mind you, you could argue you had the runs - it worked for the greatest football manager alive a few years ago
Old 19 January 2007, 12:33 PM
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Coffin Dodger
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Originally Posted by andy97
Shut up Lewis
I'm not Lewis and will therefore not be silenced
Old 19 January 2007, 12:37 PM
  #13  
JOCKEY
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I got caught last year. The site people are talking about is brilliant, I used their example letters, changed them abit and sent them off recorded delivery never filling out the form you get sent. I asked for photo evidence they sent it but they said they don't normally because it has to go to court for photo evidence. They were just trying to scare me to admit it. The photos were abit grainy and it would have been hard for a judge to be 100% certain it was me. Anyway I wrote back saying I couldn't identify the driver and so far have not had a response since early September, the offence was in June so 7 months has now passed. Apparently they have six months from the date of offence to start court proceddings. I would say to not just to except it use the law. Take as long as your aloud to reply and always send it recorded.

I hope this helps you. Good luck.
Old 19 January 2007, 01:08 PM
  #14  
alcazar
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Take it from one who has been there: if they offer you the £60 and three points penalty, go for it.

I DIDN'T, and ended up with £100 fine, £150 costs* and FOUR points.
B@stards! AND I followed all the instructions from Pepipoo

Alcazar

* and the fekkin witness I ASKED for didn't bother to turn up! Didn't matter, mags had already made up their minds
Old 19 January 2007, 02:01 PM
  #15  
andy97
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Originally Posted by alcazar
Take it from one who has been there: if they offer you the £60 and three points penalty, go for it.

I DIDN'T, and ended up with £100 fine, £150 costs* and FOUR points.
B@stards! AND I followed all the instructions from Pepipoo

Alcazar

* and the fekkin witness I ASKED for didn't bother to turn up! Didn't matter, mags had already made up their minds
Alcazar, did you make an appeal or reserve your right to appeal out of time, as the ECHR judgement will probably allow you to seek compensation

Andy
Old 19 January 2007, 05:00 PM
  #16  
Alan MaC
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I asked for a photo & you couldn't see the driver and couldn't help. Was asked to go to PLODLAND to look at a Screbn that enhances the piccie.

Still no joy.

They did me for not knowing who was driving my Vehicle.

I got 4 Points £120 fine, Court Costs £120, Solicitors Letter & Plea £150.

They really are out to get the Motorist, IFFFFFF They put as much effort into, Drug Dealers, Burglars, Shoplifters, Illegal Asylum Seekers, Escaped Convicts, etc etc, Joe Public wouldn't feel so miffed.

I don't suppose is so lucrative as the Greed Cameras.

Rant over.

Alan MaC
Old 19 January 2007, 06:55 PM
  #17  
andy97
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Originally Posted by Alan MaC
I asked for a photo & you couldn't see the driver and couldn't help. Was asked to go to PLODLAND to look at a Screbn that enhances the piccie.

Still no joy.

They did me for not knowing who was driving my Vehicle.

I got 4 Points £120 fine, Court Costs £120, Solicitors Letter & Plea £150.

They really are out to get the Motorist, IFFFFFF They put as much effort into, Drug Dealers, Burglars, Shoplifters, Illegal Asylum Seekers, Escaped Convicts, etc etc, Joe Public wouldn't feel so miffed.

I don't suppose is so lucrative as the Greed Cameras.

Rant over.

Alan MaC
The maximum points for failing to identify(MS90 DVLA code) is 3 points, you were stitched up and should of appealed against the sentence.

Andy
Old 19 January 2007, 08:17 PM
  #18  
Alan MaC
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Andy TBO after all the hassle, I can't be A**ed with all this stuff.

That's what they depend on, people who give a S**t, are decent and care about getting a car offence against them.

Those who drive in cars that don't exist, eg, not taxed, Keeper registered, insured, are laughing at us.

This is a "silent scream" noone is listening.

Just ask "Phoney Tony"
Old 21 January 2007, 12:08 AM
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Tas, give me call before you do anything!!
Old 21 January 2007, 11:02 AM
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Pepipoo gives you a lot of background and is well worth a visit. I think it's easy to get bogged down in technicalities but the basic thing nowadays is that there are no longer any 'loopholes' that will stand up in court. What you must rely upon is that still under British law you are innocent until proven guilty and the onus IS on the prosecution to prove their case beyond reasonable doubt.

I have personally been to court over an allegation of doing almost 100mph on a A-road at night-time, having been followed by a traffic car for 13 miles, and argued it down to 70. Even that was only because I admitted that I might have been doing 70 in a 60 and would not even consider the possibility of having done more that that. The prosecution evidence of two police officers following me all that time was simply not strong enough to prove any more than I was happy to admit.

If you are sure that you weren't speeding, it is not just your right, but your DUTY as a citizen to go to court and refute this false allegation. The procedure is pretty much laid out on Pepipoo, so I won't go into that, but there are numerous ways that they could have got a false reading, especially from the positions shown. What you want is their actual proof of the allegation, which is often pretty shabby.

Just PM if you want, I'll be happy to help.
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