Notice of intended prosecution

Notsomortgageman

Hi, I have today recurved a NIP requesting I return my details and if I was the driver or not, the thing is I remember the day and circumstances at the time of the so called offence. I may or may not have been doing 35 in a 30 through a local village to myself but I remember seeing the person holding the speed gun, he was an elderly person with not police uniform or and other indication of working for the constabulary, all he had was a sign (cannot remember the exact wording but nothing to do with Police), a yellow high-viz jacket (like the few I have for work) and a hand held radar speed gun. Can they still report you for prosecution? How can I be sure the speed gun he had is calibrated and to a police standard? Find this all strange that anyone can now walk out on the street and start doing this?

Regards,
Mr Confused

neilmcl

The only way you challenge this is by going to court. Regardless you have to fill in the form identifying the driver and send that off.

AndyMc.....

Notsomortgageman wrote: »

Hi, I have today recurved a NIP requesting I return my details and if I was the driver or not, the thing is I remember the day and circumstances at the time of the so called offence. I may or may not have been doing 35 in a 30 through a local village to myself but I remember seeing the person holding the speed gun, he was an elderly person with not police uniform or and other indication of working for the constabulary, all he had was a sign (cannot remember the exact wording but nothing to do with Police), a yellow high-viz jacket (like the few I have for work) and a hand held radar speed gun. Can they still report you for prosecution? How can I be sure the speed gun he had is calibrated and to a police standard? Find this all strange that anyone can now walk out on the street and start doing this?

Regards,
Mr Confused

You’ve either got a warning from the community speed watch or a nip from the police so which is it?


If you want to talk accuracy of their gun to police standard then consider who gave it to them. I’ll give you a clue. The police.

agrinnall

None of that is relevant at this stage, you need to complete and return the NIP and worry about the legality of the reading once you get to the next stage in the process. For what it's worth most speed recording is not done by police officers but by Safety Camera Partnerships.


https://en.wikipedia.org/wiki/Safety_Camera_Partnership

Car_54

At the moment, all you know is that the driver has been reported for possible prosecution: you don't know by whom.


You need to respond with the driver's details as requested (or you will be prosecuted for a much more serious offence), and wait to see what happens.


The likelihood is that you will be offered a speed awareness course (if in England or Wales) if you're eligible, or a fixed penalty of £100 and three points. If you want to see statements, question calibration, etc. you'd have to refuse those offers and go to court. That could be very expensive.

AdrianC

Notsomortgageman wrote: »

Hi, I have today recurved a NIP requesting I return my details and if I was the driver or not, the thing is I remember the day and circumstances at the time of the so called offence. I may or may not have been doing 35 in a 30 through a local village to myself but I remember seeing the person holding the speed gun, he was an elderly person with not police uniform or and other indication of working for the constabulary, all he had was a sign (cannot remember the exact wording but nothing to do with Police), a yellow high-viz jacket (like the few I have for work) and a hand held radar speed gun. Can they still report you for prosecution? How can I be sure the speed gun he had is calibrated and to a police standard? Find this all strange that anyone can now walk out on the street and start doing this?

Community Speedwatch. And they aren't "just anyone" - they're trained and managed by the police.


https://www.communityspeedwatch.org/


But it would be very unusual to get a NIP from being seen by them - a simple letter ripping you off a strip would be far more likely, precisely because of the issues around evidence. And 35 in a 30 is right on the lower threshold of likely prosecution anyway.

Are you sure you didn't miss a van somewhere else...?

Notsomortgageman

This was the answer I was expecting, it was a community speed watch and yes I have heard about getting letters with a warning, that’s why I was shocked when it was a NIP. There was no van and I bet I could even find the local resident that was doing it.

Mercdriver

Notsomortgageman wrote: »

This was the answer I was expecting, it was a community speed watch and yes I have heard about getting letters with a warning, that’s why I was shocked when it was a NIP. There was no van and I bet I could even find the local resident that was doing it.

Well at the moment they are looking to identify the driver which is clearly you. Intended prosecution may turn into SAC, Fixed penalty or a warning letter. After all, if they don't know who the driver is, how can they give that person a warning letter.

Not filling in the form would be a very very bad idea.

Notsomortgageman

My intentions was always to fill the form in I was just shocked at the type of response you get from them now, if they are thinking of prosecution then I will be questioning things, to be honest I drive through this village every single day of the year, I have seen them before but hardly ever pay attention as I have no need (I’m usually keeping to the correct speed limit), there is normally more than the one, minimum is 3 elderly residents standing by the side of the road. I cannot say or not if I was exceeding the speed limit or not but will hold my hands up if I was but not to an untrained pensioner with or without the correct equipment or evidence. Thanks for your replies though.

Notsomortgageman

And if this is another way for the police to gain more funds without using their own resources I will be making that clear in any way I can.

System

If you weren't paying attention as you claim you hardly pay attention as you don't need to because you drive through there every day of the year how do you know you didn't miss a van?

You can make it clear how disgruntled you are about them using it to gain more funds until the cows come home but you volunteered to give your money to them by exceeding the speed limit by up to 20% or more on your speedo. I do over 2000 miles a week, have done for the thick end of quarter of a century, only ever been caught once in that time and only have myself to blame for that.