Safe Speed Forums

Hubby's received a NIP from Devon & Cornwall Constabulary, for doing 77mph on a 70mph road.

Having sworn a lot and threatened to fight it to the bitter end as a speedo can have a 10% allowance he discovered the companies Citroen Dispatch is over 2 tonne and therefore in the 60mph bracket of vehicles!

The date of the incident was 27th August and he was informed by NIP dated 14th Sept. Is there any point in arguing the 14 days point?

Co-incidently my father received an NIP on the same day for an incident on the 5th Sept but from Wilshire police. His letter contained a booklet with a lot if information and he was able to look up the picture on the internet.

D&CC provide a few Q&A's and no information at all about how we can view the picture. Would viewing the picture be worth while?

At the end of the day if he just accepts it how many points will he be looking at? And how big a fine?

There is great misunderstanding as to the meaning of the “10%”. Speedo tolerance is almost always 0% to +10%; -10% won’t fly. This is so such that a driver has no excuse for speeding.


As a technical defence, you could confirm that the registered keeper, in the case the company, received the NIP in 14 days. Your hubby isn’t subjected to the same rule.


Does he accept that he was exceeding the 60 limit (by at least 8mph)? If so then I wouldn’t bother; fighting a lost cause in court will only increase the penalty.


If he accepts the conditional offer, then 77 in a 60 should be £60 and 3 points.

You might ask the company why he was not better informed as to the weight of the van, and the laws pertaining to that.
I would have expected at least a sticker on the dash to remind all company drivers of this, unless it was made clear somewhere else.

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Time to take responsibility for our actions.. and don't be afraid of speaking out!

ummm . . . . we are the company! The other three named drivers who may have been driving are myself and my parents, but as we were in Italy on that day he can't even argue it may not have been him!


Personally I think he's just clutching at straws.

Especially since I just laughed having told him repeatedly he drives too fast (he's only just lost the points he gained for a penalty oticket for driving without his seat belt - and I nagged him about doing that as well!)

The camera is in a well know position (bottom of Haldon Hill on A38) and we've driven past it too and from work every day for the last 15 years. So I guess it's an expensive way to learn that the wife was right - AGAIN!!!

My dad meanwhile is working on the theory that after 47 years with a clean licence he was bound to get caught eventually.

Although as an Ex-Police Driving Instructor and Traffic Cop he's not convinced he's guilty as he was photogaphed exiting a dual carriageway section on to a single carriageway. If the road was closer to home he would go and take some measurements as he's not sure there is sufficent distance from the start of the 60 to his position to accurately have checked his speed as he was slowing.

If you mean the NIP to the registered owner - ie the company, then it has to be sent in time to arrive within 14 days. If it was issued more than 14 days after the alleged offence then it's invalid. Have a look on www.pepipoo.com forums

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Ok the incident was the 27th August and the NIP was received by the Company on the 15th September, dated the 14th Sept more than 14 days after the incident.

Hubby is a director and opened said NIP when it arrived at the company's registered address on 15th September.

I've looked at www.pepipoo.com and it seems to suggest that there are different rules for companies, but I am a little confused about it

Can you prove when the nip was received by the company?
Do you still have envelope? If so what does the date stamp say?

If it was dated 14th Sept, with a 27th August offence date, the date received doesn't matter. It was raised more than 14 days after the alleged offence so as I understand it is out of date and invalid.

The 14 day rule applies only to the first NIP which is sent to the registered keeper. I'm not aware of any difference if thats a company rather than an individual. Try the NIP wizard on pepipoo.

_________________
Wake me up when the revolution starts
STOP the Toll Tax http://www.traveltax.org.uk

I thought the scamera had to be set at +10%+2mph which would be 79mph?

Can the scamera tell the difference between cars and HGVs?

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Wake me up when the revolution starts
STOP the Toll Tax http://www.traveltax.org.uk

Gatsos can differentiate cars from HGVs by the amount of radar signal returned (it's not an exact science but the operator processing the offence will confirm the details)

Your quite right, there is no difference regarding the company. The difference was that it's a [b]leased[b] vehicle. That means that the NIP the company received was after the leased company had been informed.

So he's had it he's got no real choice but to pay up and take the points. And in future drive slower.

Ernest ,going to risk O/T - as a result of education on here -i know about the differential speed limits - suspect it got forgotten about as in past no one has bothered about it - got some very shocked faces at work when i pinned up the limits for the various vehicles ( result of a discussion on limits)- not so long ago we all got a "company driver handbook" from our transport office - is it in it -is it heck and i work for a medium to large firm.

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lets bring sanity back to speed limits.
Drivers are like donkeys -they respond best to a carrot, not a stick .Road safety experts are like Asses - best kept covered up ,or sat on

If it was an LTI 20-20 then it only needs a fraction of a second to take a reading.

How accurate that reading might be is open to some debate.

I suspect the other case was also caught by LTI 20-20, vans are a favourite for them. Probably parked just up the road from the fixed camera.

I would fight both cases, either pace statement or asking for complete video, whatever the latest advice on Pepipoo is.