Received NIP today eek!

sarah1975uk

Received a NIP today from the police for allegedly going 38 in a 30 on 1st march. genuinly cant remember this happening and not even sure i was driving the car at the time date and place when this happened and not farmiliar with the area either.

Now the NIP just states camera but doesnt state whether fixed camera or one of those mobile police van camera thingy's ...anyone shed any light as i have a letter typed contesting this and requesting more information but dont want to make myself look silly with wrong terminology in the initial letter to them lol ...any help would be much appreciated. Sarah x

poe.tuesday

ask for more details before you sign and say you were driving, espeically if you already have some points on your licence as apparently the rule has changes about being able to have upto 11 points before a ban, apparently if you have 3 offences in 3 years you could loose your licence

sarah1975uk

poe.tuesday wrote: »

ask for more details before you sign and say you were driving, espeically if you already have some points on your licence as apparently the rule has changes about being able to have upto 11 points before a ban, apparently if you have 3 offences in 3 years you could loose your licence

didnt realise the rules had changed omg thats terrible. ive typed the letter out ready to post to them let me know what yout think! :beer:

Without Prejudice

Dear Sirs

I acknowledge receipt of your letter dated 27th March 2007, in which you allege that I have committed a speeding offence. That letter does not provide, or offer to provide any evidence that I have indeed committed such an offence.

I regard your allegation with the utmost concern as I am being asked to make a very important decision, which could very seriously affect my future quality of life. I shall be grateful therefore, if you will advise me where, in law does it state or allow for evidence against a suspect to be deliberately withheld following, or during the process of an official demand for the payment of money (in this case a £60 Fixed Penalty Notice).

Further, whereby failure to pay that money on demand will expose the person suspected of that offence to a possible fine of up to £1000 (plus costs) at a Magistrates Court, an amount that is in excess of 16 times the amount of money previously demanded.

This, in my view, could potentially be a criminal offence in itself, the offence of demanding money with menaces. It is also arguably a breach of my human rights in that I am being subjected to unreasonable and possibly unlawful pressure by being placed into a “pay us now and save yourself later”, position.

I am entitled, in law, to all evidence that I have committed the alleged offence complained of before I pay any money to you – not just at court, but as soon as you issue me with a fixed penalty notice.

I also request a copy of the guidelines and manufacturers instructions for the use of the equipment used during the alleged offence as well as a copy of the relevant pages of the equipment operators notebook, detailing the entire chain of events starting from when they parked the van to when they packed up and drove away, as well as the back and front of the calibration certificate and details that the operator has had full training and followed full and correct procedures before during and after the alleged offence, as well as any proof you may have as to the identity of the driver and your proof that this vehicle wasn’t possibly a similar cloned vehicle with false number plates.

I look forward to your prompt and detailed response, without delay, so that I might be able to assist further.

Yours faithfully

arnie&caseysma!

What is the date off issue on the NIP?? NIPs should be served on the Registered Keeper or offender within 14 days of the date of the offence. however if it is sent out within that time even though it is not delivered within 14 days then it is still deemed to have been served.

See link for further details:
http://www.lawontheweb.co.uk/crimertonip.htm

If it is dated outwith the 14 days (and you say the offence was the 1st March), ie 15th March or later then they have failed to serve it within the timescales scheduled by law and you are not liable for the offence.

mcfisco

The letter you are sending is a verbatim copy of one that's posted on a few specialist traffic offenses websites - I would have thought they'd be better at advising you than the folks here.

But for what it's worth ......
If you are likely to lose your license, I'd take every avenue open to me to make sure that they hadn't left a loop-hole open.
If it's just the £60 & 3 points, I'd just pay up & be more careful next time.

saintjanet

mcfisco wrote: »

The letter you are sending is a verbatim copy of one that's posted on a few specialist traffic offenses websites - I would have thought they'd be better at advising you than the folks here.

But for what it's worth ......
If you are likely to lose your license, I'd take every avenue open to me to make sure that they hadn't left a loop-hole open.
If it's just the £60 & 3 points, I'd just pay up & be more careful next time.

I could not have put it better myself,i totally agree with this.