Long Shot!

Question:

This May be A Long Shot!!

I have recently received a NIP from the Camera Processing Unit x alleging that I exceeded the 70 mph speed limit

Wording;

On x/2010 at x >> x the driver of motor vehicle x did exceed 70 mph speed limit on dual carriageway (manual detection) contrary to S89(1) RTRA 84 Sch 2 RTOA 88. The recorded speed was 83mph.

The car is not an SL – it is an S Class – a completely different car – two more doors for a start (however in mitigation mine is a long wheelbase version – which could account for the ‘L’)

The car is not registered to me and the registered keeper has already sent back a similar form naming me as the ‘assigned’.

The NIP is not signed by any person or body. It is from the Camera Processing Unit crest on it.

Within the text of the note are the words: ‘This notice is issued for and on behalf of the Chief Constable of the x’ – however no managers name or any other details – in other words this NIP is not signed and it is not from a Police Authority.

Questions:

Am I liable to prosecution under S 172 if I don’t send it back as I am not the registered keeper and that person has already complied by sending my details?

If I ignore it – what might happen next? Will they go back to the registered keeper?

Is the wording of the NIP legal? It could have come from anyone.

Whilst x Police appear to offer ‘safe speed’ courses as an option to prosecution (and I am within ACPO guidelines at 83) the Safety camera Partnership element only offers these to people caught exceeding the 30 mph limit by up to 9 mph – which seems not only discriminatory (we are all equal under the law) but stupid as such offenders stand a much greater chance of killing or injuring someone than those of us on dual carriageways!

This is a pity as I was looking forward to attending one of these courses – can I negotiate with them??!

The points issue is not a big deal – my last were in 1993 – it’s as always the principle – especially as the Conservatives said they’d raise the national limit to 80 if elected – I’d have been alright then!

Your advice and opinions welcomed.

Dominic says:

The NIP only has to outline the reg number/offence/time/date and location. The precise details of the type of car is not an essential element of the NIP and therefore getting it wrong does not invalidate the NIP.

The only legally required NIP is the NIP to the registered keeper within 14 days. The NIP to you is not required by law. The police only have to send you a request under s.172 as you have been named by the reg keeper. Don’t confuse the two documents. They are often combined.

If the s.172 sent to you has not been signed, provided the magistrates are confident that it was sent by or on behalf or the CC you will not win that argument I’m afraid.

If you don’t reply you will get a summons for failing to supply information and you will be at risk of 6 penalty points and a hefty fine.

The form has now been sent to you and you are the only person that can supply the confession evidence required. The first person asked cannot confess on your behalf – hence the notice is sent to you direct. You cannot rely on the fact that they named you.

If you ignore it they will either summons you or summons the reg keeper – different forces take different approaches. Some summons both.

You cannot ask to go on the course. The course is at the discretion of the police and no one can force them to offer it to you I’m afraid.

Sorry all bad news.



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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