Variable Speed Limit Notice of Intended Prosecution

Deeping_Dave

Hi all,

I've received a NIP for doing 45mph on section of motorway when the gantry sign clearly was stating the speed limit as currently 50mph. I was flashed at the time and was amazed. The NIP says the speed limit at the time was mph no number at all. How on earth do I go about fighting this one? There doesn't appear to be any appeal procedure on the NIP. When I log onto their site it says it's not working properly and the only supporting evidence is the camera calibration certificate. Any help would be much appreciated sorry if posted in the wrong place.

Keep_pedalling

Are you sure you are not being done for going through a lane with a red X showing? 

The FTLA forum is the place to ask about speeding fines, but don’t post until you have read the read me first thread, as they get a bit stroppy if you don’t provide all the details they need.

https://www.ftla.uk/speeding-and-other-criminal-offences/

Mildly_Miffed

Deeping_Dave said:

I've received a NIP for doing 45mph on section of motorway when the gantry sign clearly was stating the speed limit as currently 50mph. I was flashed at the time and was amazed. The NIP says the speed limit at the time was mph no number at all. How on earth do I go about fighting this one? There doesn't appear to be any appeal procedure on the NIP. When I log onto their site it says it's not working properly and the only supporting evidence is the camera calibration certificate. Any help would be much appreciated sorry if posted in the wrong place.

What have you actually received? The request to identify the driver? You need to do that.

Then, when that's done, and the driver (you) receives the offer of a course, the offer of a FPN, or an option to take it to a court hearing - that's how and when you "appeal" it.

Have you been sent photos? Do they show the gantry?

TadleyBaggie

You can't appeal a NIP it is simply a notice. You have almost certainly been given a S.172 request to name the driver at the time of the incident. This must be complied with, unless you fancy 6 points. Once this has been complied with, the police will most likely offer you a course or a fixed penalty, to fight the allegation you would need to ignore their offers and allow it to to proceed to the next stage, i.e. a Single Justice Procedure Notice to which you could plead not guilty.

However pleading not guilty implies you have a defence to the allegation, which you do not appear to have.

jimjames

TadleyBaggie said:

However pleading not guilty implies you have a defence to the allegation, which you do not appear to have.

If the NIP says the speed limit is blank then surely that's enough? But I guess that might be fixed by the time it comes to the actual FPN

paul_c123

TadleyBaggie said:

You can't appeal a NIP it is simply a notice. You have almost certainly been given a S.172 request to name the driver at the time of the incident. This must be complied with, unless you fancy 6 points. Once this has been complied with, the police will most likely offer you a course or a fixed penalty, to fight the allegation you would need to ignore their offers and allow it to to proceed to the next stage, i.e. a Single Justice Procedure Notice to which you could plead not guilty.

However pleading not guilty implies you have a defence to the allegation, which you do not appear to have.

Wouldn't the defence be that their speed was below the speed limit? A slam dunk.

TadleyBaggie

jimjames said:

TadleyBaggie said:

However pleading not guilty implies you have a defence to the allegation, which you do not appear to have.

If the NIP says the speed limit is blank then surely that's enough? But I guess that might be fixed by the time it comes to the actual FPN

Nope, all the the NIP has to detail is what the offence is, i.e. exceeding the posted speed limit. The actual speed limit and speed are not required to be detailed at this stage.

TadleyBaggie

paul_c123 said:

TadleyBaggie said:

You can't appeal a NIP it is simply a notice. You have almost certainly been given a S.172 request to name the driver at the time of the incident. This must be complied with, unless you fancy 6 points. Once this has been complied with, the police will most likely offer you a course or a fixed penalty, to fight the allegation you would need to ignore their offers and allow it to to proceed to the next stage, i.e. a Single Justice Procedure Notice to which you could plead not guilty.

However pleading not guilty implies you have a defence to the allegation, which you do not appear to have.

Wouldn't the defence be that their speed was below the speed limit? A slam dunk.

More likely an expensive date out. The NIP doesn't have to state the speed or limit, only what offence has bene committed.

paul_c123

TadleyBaggie said:

paul_c123 said:

TadleyBaggie said:

You can't appeal a NIP it is simply a notice. You have almost certainly been given a S.172 request to name the driver at the time of the incident. This must be complied with, unless you fancy 6 points. Once this has been complied with, the police will most likely offer you a course or a fixed penalty, to fight the allegation you would need to ignore their offers and allow it to to proceed to the next stage, i.e. a Single Justice Procedure Notice to which you could plead not guilty.

However pleading not guilty implies you have a defence to the allegation, which you do not appear to have.

Wouldn't the defence be that their speed was below the speed limit? A slam dunk.

More likely an expensive date out. The NIP doesn't have to state the speed or limit, only what offence has bene committed.

I'm not sure what your post adds to the previous ones. Yes, the S.172 has to be replied to; and yes an NIP is required if not stopped at the roadside (and it just needs to be "speeding") but if it progresses, it would be a very foolish prosecution to try and convict someone of speeding when the only evidence they have, is their going past a 50mph sign at 46mph. Or the alternate, of no evidence at all. If it ever did get to court it would be very simple to win. Not an expensive day out.

TooManyPoints

"However pleading not guilty implies you have a defence to the allegation, which you do not appear to have."

He does if the limit displayed was 50mph.

Also of interest is that the alleged speed was 45mph. Enforcement in a 40mph limit does not normally begin until 46mph.

If you were caught by a HADEC3 camera system (which is usually used for variable speed limits) the system takes a photo of your car and and one of the gantry display at the same time. The police usually provide them but if they have not, before you respond naming yourself as driver, you can ask for "photographs which may help identify the driver". They won't help with that but they may show you what you need to see. Making that request does not stop the clock on the 28 days you have to respond, though.

Any chance you could post up what you have received?

Deeping_Dave

Thanks everyone yes I was getting it wrong it's just the Nip so I'll obviously send that back as required. It's my word against theirs but i 100% know the gantry i went under was showing 50mph at the time. I was extra vigilant as I'd recently picked up my first 3 points in 15 years on the A47. Thanks for the replies.