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#Post#: 91023--------------------------------------------------
Photo evidence different to NIP received
By: PetefromBrum Date: September 23, 2025, 3:10 am
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I received a NIP from West Mercia Police regarding an alleged
speeding incident. The NIP states that the speed was 41mph in
30mph limited area. The photo supplied as evidence quotes 41mph
in a 40mph limit. Is this grounds to challenge the NIP and if so
how do I go about it?
#Post#: 91024--------------------------------------------------
Re: Photo evidence different to NIP received
By: JustLoveCars Date: September 23, 2025, 3:15 am
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Regardless, you have to name the driver. (It's a separate
offence if you don't)
Can you post the photo? And give the exact location?
#Post#: 91029--------------------------------------------------
Re: Photo evidence different to NIP received
By: mickR Date: September 23, 2025, 3:41 am
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what speed limit signs are displayed at the location?
#Post#: 91047--------------------------------------------------
Re: Photo evidence different to NIP received
By: NewJudge Date: September 23, 2025, 5:21 am
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The NIP has only to state the “nature of the alleged offence”
(i.e. exceeding the speed limit).
The accompanying “request for driver’s details” asks you to
provide the driver’s details at the time and place stated.
So there seems no deficiency in either of those. Once you have
responded to the request the driver can set about establishing
what the limit actually is.
#Post#: 91143--------------------------------------------------
Re: Photo evidence different to NIP received
By: PetefromBrum Date: September 23, 2025, 11:53 am
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I have just sent an email to the CTO unit requesting an precise
location of when the photographs were taken. At the moment, I'm
sure that the speed limit is as shown in the primary photo and
not as stated on the NIP. If that is the case then I was only 1
mph above that limit. I still have 3 weeks to reply to the NIP
which I will do as soon as I get the email reply.
Thanks to those who replied, and comments are taken on board.
#Post#: 92134--------------------------------------------------
Re: Photo evidence different to NIP received
By: Mayhem007 Date: September 30, 2025, 5:18 am
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Let us assume the 41 in a 40 is correct. This carries the same
penalty as a 41 in a 30.
Unfortunately for you the NIP must be replied to regardless of
the speed limit.
The CPS can bring about a successful prosecution for being 1 MPH
over the limit.
Questioning the accuracy of the equipment is a rabbit hole you
don't want to go down. So, I suggest you take the blue pill.
#Post#: 92718--------------------------------------------------
Re: Photo evidence different to NIP received
By: PetefromBrum Date: October 3, 2025, 10:07 am
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I have received a reply to my query regarding the location of
the RPU officer from the CTO concerned, where it was reiterated
that I was detected within a 30mph limit, yet 50m away from that
location is a 40mph repeater sign as well as 40mph commencing
signs on the road immediately adjacent to the location. I
therefore feel I have just cause to challenge this alleged speed
infringement.
#Post#: 92723--------------------------------------------------
Re: Photo evidence different to NIP received
By: NewJudge Date: October 3, 2025, 10:17 am
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[quote]...yet 50m away from that location is a 40mph repeater
sign as well as 40mph commencing signs on the road immediately
adjacent to the location...[/quote]
Are these signs behind where you were detected or in front?
Could you supply a Google Street View of the location?
#Post#: 92733--------------------------------------------------
Re: Photo evidence different to NIP received
By: andy_foster Date: October 3, 2025, 10:58 am
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A 40mph is not a default limit and therefore requires a Traffic
Regulation Order. The TRO will define where the 40mph limit ends
- which may or may not be the same location as the 30mph
terminal signs. Historically, terminal signs were often placed
"conservatively" - a hundred yards or so before the start of the
lower limit (or after the start of the higher limit).
If you were "caught" within 100 yards of the change of limit, it
might be worth looking at the TRO (available from the relevant
highway authority).
There might also be a TRO for the 30mph limit if it was not
always a restricted road (30mph by virtue of having a compliant
system of street-lighting).
Whilst 41mph (or even 40.0001mph) in a 40mph limit is
technically an offence, it would never be intentionally
prosecuted and would be very difficult to prove beyond any
reasonable doubt (which is part of the reason why it would never
be prosecuted). Approved speed measurement devices typically
have a nominal tolerance of +/-1mph, ignoring operation issues.
The reason for the ACPO/NPCC enforcement guidelines (10%+2mph)
is primarily so that courts can be certain beyond any reasonable
doubt that the recorded speed means that the accused was
actually exceeding the speed limit. If a police speedometer
might over-read by upto 10% and a follow check recorded a speed
of 76mph, was the accused exceeding 70mph?
#Post#: 92825--------------------------------------------------
Re: Photo evidence different to NIP received
By: PetefromBrum Date: October 4, 2025, 10:03 am
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I will be returning to the location on Tuesday to record the
specific locations where the 40mph limit begins and ends and the
location where the CTO operator was located. More to confirm in
my own mind that Google street view is still current regarding
the speed limits.
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