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DIR Return to: Speeding and other criminal offences
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#Post#: 46263--------------------------------------------------
Speeding offence
DIR By: Rugbydesign
Date: November 19, 2024, 2:37 pm
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I received a NIP for alleged speeding offence on an average
speed camera claiming 38mph in a 30 zone.
The time on the NIP has the offence as 9.38am, but when I
reviewed the camera photos they are time stamped as 8.39am GMT.
This was well before the clocked changed so was wondering if
this is common or a potential issue with the camera? And is this
something that could mean the NIP be dismissed?
Thank you
#Post#: 46317--------------------------------------------------
Re: Speeding offence
DIR By: JRHartley
Date: November 19, 2024, 10:38 pm
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The request for driver identification should be answered within
28 days. Otherwise a more serious offence is committed.
The clocks went back to GMT on 27 Oct, so if the offence was
committed "well before the clocked [sic] changed" you may have
already missed the deadline.
If the time on the photos clarify that they are in GMT, then,
IMO, it doesn't provide you with a defence, regardless of
whether the offence was committed during BST or GMT.
#Post#: 46318--------------------------------------------------
Re: Speeding offence
DIR By: Rugbydesign
Date: November 19, 2024, 11:25 pm
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The time stamp on the camera is incorrect, I was not there at
that time. However the time stated in the NIP is correct. This
was on the 20/10/24 and before the clocks went back.
#Post#: 46323--------------------------------------------------
Re: Speeding offence
DIR By: NewJudge
Date: November 20, 2024, 2:31 am
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A NIP cannot be dismissed. It is simply a notice telling you
prosecution is being considered.
You must respond to the request for driver's details by stating
who was driving at the time mentioned on it. The police have no
obligation to provide any photographs at this stage. Any
provided are as a courtesy only.
Once you have responded to the request the police will decide
what to do. They will almost certainly offer a course for that
speed if you have no done one in the last three years (measured
by offence dates) or otherwise a fixed penalty. You could try
pointing out the discrepancy to them but I would only do that
only after you have made your response.
If you want to challenge the allegation you will have to decline
any offer they make and plead not guilty in court. I would
suggest the police will be able easily o explain he time
difference and the court will accept that explanation. The cost
of such failure will be high - at least somewhere in the region
of £1,000 for most people.
#Post#: 46327--------------------------------------------------
Re: Speeding offence
DIR By: PallasAthena
Date: November 20, 2024, 3:43 am
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--- Quote from: Rugbydesign link ---
>
> The time stamp on the camera is incorrect, I was not there at
that time. However the time stated in the NIP is correct. This
was on the 20/10/24 and before the clocks went back.
--- End Quote ---
On 20 October 9.38 BST and 8.38 GMT are the same moment in time,
just expressed different ways. Either can be used to describe
the moment when you went past the camera.
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