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PostPosted: Tue Sep 21, 2004 16:43 
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My mate has received a notice alleging that he was doing 46 mph and therefore comitted the offence of exceeding the limit of 50mph in his truck.

Can he use this error to get off ?

He alledges that it was probably actually 66

How should he proceed ?


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PostPosted: Tue Sep 21, 2004 20:42 
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Sounds like a serious material error. <mode=judge> Case dismissed!</mode>

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PostPosted: Tue Sep 21, 2004 21:52 
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Steve, suprising (not) how many times this happens. I read a report here in Lancashire about 3 months ago about a women who was sent an NIP for 38 in a 40! When challenged the scammers had the cheek to say she was "speeding" as she was filmed on a 30 mph road and they had put the wrong road on the NIP!! Aren't they a pathetic lot!! Try using the defence of "sorry, I thought this was a 40 zone" and see how far you get....

Joking aside, it's critical your friend does not reply to the NIP until well after 14 days after the date of the notice - 28 days in law to respond.

I'm no expert on the technical points, but as I understood it, they've only got one chance to issue the NIP in the 14 days after the "incident" - after 14 days they're stuffed. Exception is the "slip rule" - where they can reissue the NIP for "minor" errors after 14 days - things like missing a letter out of your surname - but the speed/location doesnt come under the slip rule, so sit tight and hope they dont notice!


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PostPosted: Wed Sep 22, 2004 12:46 
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Steveb wrote:
My mate has received a notice alleging that he was doing 46 mph and therefore comitted the offence of exceeding the limit of 50mph in his truck.

Can he use this error to get off ?

He alledges that it was probably actually 66

How should he proceed ?


Send him straight to www.pepipoo.com to their fightback forums, where he can get free advice from people who deal with this sort of thing all the time.


Dave


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