nip error

I received a nip for doing 38mph but on the nip letter it says I was doing 38mph and the speed limit on that rd is mph. It doesn't actually say what the speed limit is. 

Can I contest this? 

Comments

  • sweetsand
    sweetsand Posts: 1,826 Forumite
    1,000 Posts Name Dropper
    Marke32 said:
    I received a nip for doing 38mph but on the nip letter it says I was doing 38mph and the speed limit on that rd is mph. It doesn't actually say what the speed limit is. 

    Can I contest this? 
    Dear OP
    The letter clearly states "exceeding the 30mph on restricted road."
    Pay up and put it down to experience.
    HTH
  • TonyMMM
    TonyMMM Posts: 3,421 Forumite
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    edited 2 October 2020 at 1:12PM
    But the offence is clearly shown as "speeding-exceed 30 miles per hour on a restricted road".

    If you do want to contest it, first you  need to name the driver (failing to do so being a much more serious offence, and not dependant on the NIP being valid or not). Then you would have to decline any offer of an awareness course or fixed penalty and choose to take it to a trial at court, where you would have to argue that this issue makes the NIP invalid, i.e. that it didn't fulfil the legal requirements of notifying you of the date/time/place and nature of the alleged offence ....chance of success ? being generous probably about 0.01%. 
  • Car_54
    Car_54 Posts: 8,762 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    It actually says:" For variable speed limit offences only, the speed limit at the time was _mph"
    You were not in a variable speed limit, so that sentence does not apply, and the NIP clearly says you were on a 30mph road.
    Anyway, you can't contest a NIP - it's a notice, and you've been notified. You need to nominate the driver.
  • TonyMMM
    TonyMMM Posts: 3,421 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 2 October 2020 at 1:25PM
    Car_54 said:
    It actually says:" For variable speed limit offences only, the speed limit at the time was _mph"

    good point ...I reassess my estimate of a successful challenge down from 0.01% to 0.00%
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Marke32 said:
    I received a nip for doing 38mph but on the nip letter it says I was doing 38mph and the speed limit on that rd is mph. It doesn't actually say what the speed limit is. 

    Can I contest this? 
    Not a hope.

    Here's the camera in question...
    https://goo.gl/maps/4TiXGCYyJQzET9fL9

    It is unquestionably and unequivocally a 30mph limit piece of road, wouldn't you agree?
    The letter states you were exceeding 30mph, doing 38mph. There is no doubt as to what offence you are being accused of.

    The bit of wording you refer to isn't even ambiguous. Read the entire sentence... "For variable speed limit offences only, the speed limit at the time was <blank> mph." - it wasn't a variable limit, so that sentence does not apply.
  • It's obviously a 30mph area from the lights and residential area, am surprised you have got a speed awareness course for 38mph though, it's within the threshold of 10% + 9mph - the SAC would help you learn what the limits are if there are no signs
  • Homer_home
    Homer_home Posts: 620 Forumite
    500 Posts Name Dropper
    It's obviously a 30mph area from the lights and residential area, am surprised you have got a speed awareness course for 38mph though, it's within the threshold of 10% + 9mph - the SAC would help you learn what the limits are if there are no signs
    He may well do....

    They can't offer him a course if they don't know if he was driving, can they?
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