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DIR Return to: Speeding and other criminal offences
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#Post#: 21312--------------------------------------------------
Essex Police - Notice of Intention to Prosecute
DIR By: RoseyMe12-34
Date: May 2, 2024, 9:53 am
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NIP dated 1st May received today 2nd May (updated - today is
02/05/2024!!) with Royal mail stamp post 01.05.24.
M11 Motoway near Luxborough Lane road bridge, Chigwell.
Offence - Exceed a 50mph speed restriction on a special
road/Motoway - automatic camera device.
Speed of vehicle - 65mph
Speed limit - 50 mph
Date - 27/04/2024
Time - 03:54
Hi everyone,
I'm new here, I've been reading up on different posts to see if
I can find information to help my husband. I'm the registered
keeper of the vehicle so the NIP was sent in my name.
I know they say ignorance is not a defence but the incident was
really not intentional.
My husband and I had been coming from Stansted airport early
Saturday morning after just returning from holiday in Cyprus and
picked up the car from the airport carpark. There were lots of
road works on the road around the airport so we were grateful
for Waze on the phone for navigation as it rerouted us.
We tend to use the speed limit showing on Waze screen whenever
we use it for navigation as it tends to be more accurate than
the one showing in our car. During the drive, we realised that
we had not changed back the distance unit in the Waze settings
to the Uk 'mile' as they use 'km' in Cyprus. I don't know if
this was before the location of the camera or after.
I'm not sure if this caused the confusion on the speed for the
location where the the camera was as my husband does not speed
(if I had been driving, I could honestly think fair enough,
possible, mile or km). He only got his driving licence last
September (so less than a year ago) while I have been driving
for over 16 years, he's naturally a person that follows rules to
the letter and always a careful driver who would not
intentionally break the rules. He would choose to cruise even if
we are in a rush to get somewhere because the speed states 20mph
or 30mph and would tell me off if I drive just a little over the
limit.
I'm really worried about the implication of the NIP especially
seeing it's not like a normal speeding fine but a possibility of
prosecution! I don't want him to loose his licence.
The notice is asking me to send details of the driver and I
don't know what to do.
I would really appreciate some guidance.
Rosie
#Post#: 21315--------------------------------------------------
Re: Essex Police - Notice of Intention to Prosecute
DIR By: slapdash
Date: May 2, 2024, 10:11 am
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Send details of the driver.
He will then get his own nip which he must respond to.
Unfortunately it's 1mph over the course threshold. However he
should get a conditional offer of fixed penalty. £100 and 3 pts.
When he gets it pay particular attention to the conditions about
sending his licence details.
If he racks up 6pts in 2 years (3 was a typo) he will get his
licence revoked.
Don't rely on sat nav. It may be a vaguely useful guide (as are
car systems which scan signs).
It's exactly like every other "speeding fine".
#Post#: 21321--------------------------------------------------
Re: Essex Police - Notice of Intention to Prosecute
DIR By: The Rookie
Date: May 2, 2024, 10:26 am
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Intent is not required for the driver to be convicted, it’s a
strict liability offence and no intent is required.
What matters is whether the signs are correct, drivers are
expected to look for them and not ‘blindly’ follow devices which
are frequently wrong.
#Post#: 21325--------------------------------------------------
Re: Essex Police - Notice of Intention to Prosecute
DIR By: RoseyMe12-34
Date: May 2, 2024, 10:49 am
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--- Quote from: slapdash link ---
>
> Send details of the driver.
>
> He will then get his own nip which he must respond to.
>
> Unfortunately it's 1mph over the course threshold. However he
should get a conditional offer of fixed penalty. £100 and 3 pts.
>
> When he gets it pay particular attention to the conditions
about sending his licence details.
>
> If he racks up 6pts in 2 years (3 was a typo) he will get his
licence revoked.
>
> Don't rely on sat nav. It may be a vaguely useful guide (as
are car systems which scan signs).
>
> It's exactly like every other "speeding fine".
>
--- End Quote ---
Thanks, I hope that's all he gets.
#Post#: 21327--------------------------------------------------
Re: Essex Police - Notice of Intention to Prosecute
DIR By: RoseyMe12-34
Date: May 2, 2024, 10:54 am
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--- Quote from: The Rookie link ---
>
> Intent is not required for the driver to be convicted, it’s a
strict liability offence and no intent is required.
>
> What matters is whether the signs are correct, drivers are
expected to look for them and not ‘blindly’ follow devices which
are frequently wrong.
>
--- End Quote ---
I know :( That's generally what we do but for whatever reason
that early morning, we missed something but like you stated,
intent is not required.
I'm just trying to get some guidance on the NIP just in case I
get something wrong or miss a process.
Thank you!
#Post#: 21331--------------------------------------------------
Re: Essex Police - Notice of Intention to Prosecute
DIR By: NewJudge
Date: May 2, 2024, 11:12 am
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--- Quote ---
> I'm just trying to get some guidance on the NIP just in case I
get something wrong or miss a process
--- End Quote ---
.
The process is this:
- You must respond to the "Request for Driver's Details" within
the 28 days allowed, providing your husband's details.
- Shortly afterwards (no more than two weeks) he should get his
own NIP and accompanying Request for Driver's Details.
- He must respond to that within the 28 days allowed.
- Shortly after that (perhaps a couple of weeks) he will
received a "Conditional Offer of a Fixed Penalty (£100 and 3
points).
- He should respond to that by accepting the offer and following
the instructions for payment.
- He must also submit his driving licence details even though he
has previously provided them when confirming he was driving.
Two precautions you should take:
1. Take copies of anything you send back and get a free
certificate of posting from the Post Office.
2. If any of the gaps between these steps seem unusually long,
contact the ticket office to ensure your responses have been
received. The last thing either of you wants is to end up in
court because something - especially your responses to the
requests for driver's details - has gone astray in the post.
#Post#: 21334--------------------------------------------------
Re: Essex Police - Notice of Intention to Prosecute
DIR By: RoseyMe12-34
Date: May 2, 2024, 11:53 am
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[member=97]NewJudge[/member] - a big thank you!
Thanks for a clear outline of the process, really helpful to
have it laid out this way.
Appreciate!
#Post#: 21336--------------------------------------------------
Re: Essex Police - Notice of Intention to Prosecute
DIR By: andy_foster
Date: May 2, 2024, 12:01 pm
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--- Quote from: RoseyMe12-34 link ---
>
> NIP dated today 1st May received today 1st May with Royal mail
stamp post 01.05.24.
>
--- End Quote ---
That's not true, is it?
#Post#: 21340--------------------------------------------------
Re: Essex Police - Notice of Intention to Prosecute
DIR By: ManxTom
Date: May 2, 2024, 12:46 pm
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--- Quote from: RoseyMe12-34 link ---
>
> [member=97]NewJudge[/member] - a big thank you!
>
> Thanks for a clear outline of the process, really helpful to
have it laid out this way.
>
> Appreciate!
>
--- End Quote ---
Just to add to the "Two precautions" suggested by
[member=97]NewJudge[/member]:
First, as you were not the driver the NIP/s172 request addressed
to you might allow you to nominate your husband online.
Obviously if you are allowed to do that (make sure you read the
instructions as to how to reply carefully) it means your reply
can't go astray in the mail.
Second, when your husband receives his notice to identify
himself as the driver, again read the instructions carefully as
to how to reply. Some constabularies (eg Norfolk & Suffolk)
allow you to identify yourself as the driver online, but most of
them still require the return via snail mail of a completed and
signed form, in which case NewJudge's precautions become very
relevant.
#Post#: 21356--------------------------------------------------
Re: Essex Police - Notice of Intention to Prosecute
DIR By: RoseyMe12-34
Date: May 2, 2024, 3:30 pm
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--- Quote from: andy_foster link ---
>
> [quote author=RoseyMe12-34 link=topic=1800.msg21312#msg21312
date=1714661581]
> NIP dated today 1st May received today 1st May with Royal mail
stamp post 01.05.24.
>
--- End Quote ---
That's not true, is it?
[/quote]
🙈🤦🏽‍♀️ Sorry, not
sure why I thought it's 1st May today!! I did wonder how I got
it so fast! I've updated my post.
Thank you!
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