Speeding offence - notice of intended prosecution quoting wrong road. Is it invalid?

sarahlou6

Car_54 said:

sarahlou6 said:

Car_54 said:

You cannot "challenge" a NIP. It is merely a notice.

It is also separate from the request for he driver's identity, even though it may be on the same piece of paper, and you must respond to the latter.

What you can do is reply stating that at the specified time the vehicle was at location Y, many miles from the location X of the alleged offence.  Do not reply until 14 days from the offence, to prevent their issuing a corrected NIP.

That may result in their simply dropping the matter, or maybe not. If they do not, then the only way to "challenge" it is to ignore any offers of a course or fixed penalty, and go to court. 

Thanks. The notice came to my husband as registered keeper and we’ve already responded online to say it was me driving. I’ll do as you suggest and wait 14 days then respond saying I wasn’t where they say I was. 

OK. You will receive a NIP in your name. I'd wait and reply to that rather than send a separate letter, which might confuse matters.

Yes, thanks, that’s what I meant. Make sure it’s 14 days after alleged offence then reply to my NIP. I’ve spoken to the council and they were more helpful than I expected, so I might be able to get evidence from them that the vehicle wasn’t where the police say it was. Thanks for your advice

paul_c123

Car_54 said:

  Do not reply until 14 days from the offence, to prevent their issuing a corrected NIP.

In light of the recent post by the OP, this is rendered irrelevant. The requirement is to serve the NIP to the registered keeper within 14 days. They have done this.

TadleyBaggie

Yes but that NIP appear to reference the wrong location, making it invalid.

paul_c123

OP can you clarify:

1) You are in the car on the photo
2) The car is in the photo
3) The photo is from that speed camera
4) That speed camera is on the named road
5) The named road is at the named location

Could it be a cloned car, of the same make/model/colour, wearing the same registration number as yours? Or is the picture sufficient to identify you there?

sarahlou6

paul_c123 said:

OP can you clarify:

1) You are in the car on the photo
2) The car is in the photo
3) The photo is from that speed camera
4) That speed camera is on the named road
5) The named road is at the named location

Could it be a cloned car, of the same make/model/colour, wearing the same registration number as yours? Or is the picture sufficient to identify you there?

I was on road ABC and there are photos of me in the car. It’s entirely possible that I was driving at 35mph there at the time and on the date quoted. 

However, the NIP says that the alleged offence happened on road XYZ and at a location some 15 miles away from where I and the vehicle actually were. 

My best guess is there is a fault with their data somewhere and they think the camera that’s on road ABC is on road XYZ

paul_c123

Thank you for the clarification.

TooManyPoints

When you get your "Request for Driver's Details" (and assuming the same incorrect location is still quoted) simply say that nobody was driving the car at the location specified, neither at the time quoted nor at any other time.

Do not elaborate on that. It is not your job to correct any errors the police may have made or provide any explanations to explain them. Simply answer the question they ask.

facade

Scan/photograph/photocopy the filled in form before you post it, it never hurts to keep copies of everything.

It is also A Good Idea to get (free) proof of posting too. 

Ms_Chocaholic

Do you have an iPhone? If so mine gives details of recent "Places" in Apple Maps.

Car_54

Ms_Chocaholic said:

Do you have an iPhone? If so mine gives details of recent "Places" in Apple Maps.

That tracks the OP's location, not that of her car.