Variable Speed Limit Notice of Intended Prosecution

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If you are 100% sure that the gantry you went under was displaying 50, and not 30 (more likely than 40, because as TooManyPoints says, they wouldn't normally prosecute 45 in a 40 anyway) then you should wait a bit.

You have 28 days for them to receive your nomination, so I'd spend a couple of days trying to log into their site to view the photos- try a different computer/browser, drop your VPN etc. Obviously make sure you respond so that they have your reply in time.

Try posting at FTLA dot UK for advice before you reply to the NIP

It maybe that a bemused 'phone call asking them to confirm the gantry speed, as you are sure it was 50, and were shocked at the time that you were flashed might help, or it might be A Bad Idea as it might suggest you will fight it, so they won't bother offering a course or an FPN, so get advice first.

Okell

Deeping_Dave said:

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...

Are you saying that a photo accompanied the NIP showing that the gantry was displaying 50mph, or are you just relying on your memory?

paul_c123

Okell said:

Deeping_Dave said:

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...

Are you saying that a photo accompanied the NIP showing that the gantry was displaying 50mph, or are you just relying on your memory?

What is the standard of proof needed in a criminal prosecution?

Okell

paul_c123 said:

Okell said:

Deeping_Dave said:

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...

Are you saying that a photo accompanied the NIP showing that the gantry was displaying 50mph, or are you just relying on your memory?

What is the standard of proof needed in a criminal prosecution?

What has that got to do with my question?

The OP hasn't mentioned seeing any police photos accompanying the NIP/s172 request showing what the variable speed limit was at the time. 

All he has said is that "... the gantry sign clearly was stating the speed limit as currently 50mph..." and "...   It's my word against theirs but i 100% know the gantry i went under was showing 50mph at the time..." but he hasn't explained why he thinks the gantry was showing 50mph.  Does he, for example, have dashcam footage or is he relying on his (possibly fallible) memory?  Or has he actually seen police photos showing 50mph but he has decided - for some bizarre reason - not to mention that?

Anything is possible but I would be very surprised if the OP let it go to court and the police were unable to produce evidence photos showing beyond reasonable doubt that the gantry was displaying a speed allowing the OP to be prosecuted for doing 45mph