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DIR Return to: Speeding and other criminal offences
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#Post#: 37040--------------------------------------------------
Re: NIP received for alledged speeding on a Smart Motorway -
offence was 5 weeks ago.
DIR By: BertB
Date: September 16, 2024, 7:37 am
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--- Quote from: Charsiu link ---
> Generally speaking, is it worth pursuing to see the evidence
and whether the device was calibrated recently? I don't fancy
sending him down paths with minute chances of success.
>
--- End Quote ---
Due to the possibility of timeouts, courses to need to be booked
within 3 months of offence date and completed within 4. He is
halfway through that now so if he wants to delay replying for
the full allowed term while he asks questions (he still needs to
respond within the timescales stipulated on the NIP) and then
think about it once he receives an offer, he may find that the
offer of a course times out.
What he can do that is often responded to quickly is ask for
pictures 'to aid in the identification of the driver'. If it is
a Hadecs3 system, it should show him an image of the gantry
showing the posted limit at the time. But if he has gone from
'it wasn't displaying that limit' to 'shall I ask for
calibration certs' it sounds like he probably knows.
#Post#: 37046--------------------------------------------------
Re: NIP received for alledged speeding on a Smart Motorway -
offence was 5 weeks ago.
DIR By: Charsiu
Date: September 16, 2024, 7:49 am
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--- Quote from: BertB link ---
>
> [quote author=Charsiu link=topic=3148.msg37001#msg37001
date=1726484416]Generally speaking, is it worth pursuing to see
the evidence and whether the device was calibrated recently? I
don't fancy sending him down paths with minute chances of
success.
>
--- End Quote ---
What he can do that is often responded to quickly is ask for
pictures 'to aid in the identification of the driver'. If it is
a Hadecs3 system, it should show him an image of the gantry
showing the posted limit at the time. But if he has gone from
'it wasn't displaying that limit' to 'shall I ask for
calibration certs' it sounds like he probably knows.
[/quote]
I haven't spoken to him properly yet, I was just exploring what
his actual options are and whether it is worth querying the
validity of the camera evidence.
Realistically, given that this was 5 weeks ago, I don't expect
him to actually remember during that specific stretch of the
motorway.
My last message to him was to enquire with work on the NIP they
received on the off chance that work is the RK and the
possibility it falling out of 14 days, other than that, I said
he may as well just face the penalty.
#Post#: 37051--------------------------------------------------
Re: NIP received for alledged speeding on a Smart Motorway -
offence was 5 weeks ago.
DIR By: The Rookie
Date: September 16, 2024, 7:59 am
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--- Quote from: Charsiu link ---
>
> Realistically, given that this was 5 weeks ago
>
--- End Quote ---
Yet...
--- Quote from: Charsiu link ---
>
> He "swears it didn't reduce show the reduced limit"
>
--- End Quote ---
There in lies the problem!
#Post#: 37057--------------------------------------------------
Re: NIP received for alledged speeding on a Smart Motorway -
offence was 5 weeks ago.
DIR By: NewJudge
Date: September 16, 2024, 8:34 am
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Since his NIP took five weeks to get to him, there is a strong
likelihood that his employer is not the RK. Although each
recipient has 28 days to respond, there is no advantage to
delaying a response. In fact there is a positive disadvantage
for the driver because, as mentioned by BertB, they may get
their NIP beyond the point where a course or fixed penalty might
be offered.
NIPS are usually issued fairly quickly by the police and five
weeks would seem to indicate that the employer took almost all
of the 28 days they had in which to respond.
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