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PostPosted: Sat Jun 18, 2005 11:56 
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hi

i had a NIP letter stating that my vehicle did EXCEED 40 MPH TEMP SPEED LIMIT ON MOTORWAY (AUTO DETECTION). the recorded speed limit was 71 mph at the time 18:00.

first of all, what is the likely penalty for this offence?

as this is a company car i cannot remember whether it was myself or somebody else in that day. could i ask for a photo evidence?

what do you recommend that i do?


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PostPosted: Sat Jun 18, 2005 12:01 
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Get over to Pepipoo and follow their advice. Yes you can ask for photographic evidence which may or may not be the right thing to do.

If it's a company car presumably the NIP went to the company rather than you. How did they deal with it? Howcome you have it? Is it a "pool" car or "yours" but paid for by the firm? All this background info is needed before advising you - but the place is pepipoo.

Were there any workmen around? If so, penalty will be stiff. If not... depends on many circumstances.


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PostPosted: Sat Jun 18, 2005 12:03 
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71 in a 40 isn't good. You might be banned.

But if you don't know who the driver was (and you can't find out with reasonable diligence) then the law says you cannot be convicted of failing to identify the driver.

Even if you were convicted of failing to identify the driver, the penalty is likely to be LESS than the penalty for 71 in a 40.

Get over to Pepipoo and ask the experts in the forum there. http://www.pepipoo.com

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PostPosted: Sat Jun 18, 2005 12:35 
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As advised - check out the "pepipoo"site for advice. Possibly you are looking at a short ban over this and a nasty fine - but you need some proper legal advice as to how to deal and grovel.

You say it's a company car and you are the person presumably named on the lease - but other employees are legally entitled to drive it unde the company insurance policy. Presumably, you or the personel department keep track of who drives where for expense purposes - so can you not track down the driver through admin record. You presumably have a diary of appointments as well - would that not tell you where you were at the time in question?

The other thing I would consider doing (and we are clutching at straws here on tempos - as mistakes are rare, but not unknown: Arrive Alive and Manchester both had to refund after a sign mix-up) - but go to the motorway stretch in question and look to see where the 40 mph signs are and where the camera is in relation to the signs. It may even jog your memory as to whether you drove on the road at the time in question or not. If anything, it should help your lawyer argue/advise the best outcome for you and it should also help you learn from any mistake you made and help you come to terms with the fine and potential ban. Rule of thumb - if there are road works - look for tempo limits and stick to them like glue. COAST usually helps you deal with tempos properly :wink:

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PostPosted: Sat Jun 18, 2005 22:03 
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I was stoped for "averaging" 70mph in the Chiswick flyover 40mph limit section of the M4 last November. Eventually fined £300 and 6 points in May. Believe me, the waiting for the summons for nearly six months was punishment enough.


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PostPosted: Mon Jun 20, 2005 22:32 
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with


Last edited by camera operator on Sat Sep 23, 2006 16:04, edited 1 time in total.

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PostPosted: Mon Jun 20, 2005 22:39 
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SCUMera operator wrote:
with us 31mph over limit is straight to court, no offer of a NIP


Glad you got that off of your chest at long last.

I'm sure you get a tremendous power rush when nicking OAPs and other ordinary people driving around town, eh?

IWhat I want to know, Scum Op, is when we're going to start being deported or fed to lions.

With your finger on the State's 'pulse of retribution', perhaps you'll let us know


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PostPosted: Mon Jun 20, 2005 22:39 
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camera operator wrote:
with us 31mph over limit is straight to court, no offer of a NIP


Ahem. The Notice Of Intended Prosecution (NIP) is part of the process of identifying the driver. After that a fixed penaly notice or a summons may be offered. Either way, there's always a NIP or two.

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PostPosted: Mon Jun 20, 2005 22:48 
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camera operator wrote:
with us 31mph over limit is straight to court, no offer of a NIP


To be fair, this is probably Scam Op's try at 'humour'.... Now we know why he is a Scam Op - they're always recruiting people who have (or appear to have) no sense of humour.

Ha ha ha


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PostPosted: Mon Jun 20, 2005 23:06 
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fair point,


Last edited by camera operator on Sat Sep 23, 2006 16:04, edited 1 time in total.

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PostPosted: Mon Jun 20, 2005 23:16 
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camera operator wrote:
fair point,
there is no conditional offer of £60, 3 points
once the reg keeper or nominated driver has returned the NIP it is accelerated within the CPS to court


From whence the judge shall solemnly don his black cap and pronounce sentence - that the guilty shall be taken from this court to a place of execution, and then, following the rising of the sun in the morning, the guilty motorist shall be hung by the neck until dead.

What do they do for 35 in a 30, Scam Op?


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PostPosted: Mon Jun 20, 2005 23:27 
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Quote:
first of all, what is the likely penalty for this offence?

I think that Pavel has already accepted that he will not be offered the £60 and 3 points option, or he would not be asking the question.

I would have to ask, did he endanger anyone at that time of day?

I have passed many 40 restrictions where nobody has been working, and the road width has often been greater than equivalent roads without limits.

I would like to ask Camer Operator (his job aside), does he think that motorists should be forced to slow "to protect road workers" when there are none there?

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PostPosted: Tue Jun 21, 2005 00:08 
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every


Last edited by camera operator on Sat Sep 23, 2006 16:03, edited 1 time in total.

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PostPosted: Tue Jun 21, 2005 09:02 
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camera operator wrote:
every one has travelled through roadworks with a temp limit and not seen anyone it is frustrating, i do not honestly know the cost of setting out / removing cones signage etc so no doubt some engineer makes the decision to leave the cones en situ

Sometimes it is positively dangerous sticking to the temporary 40 mph limit on the M-way when no-one is working and drivers "in the know" and who don't care continue at over the 70 limit. Law-abiding drivers are put at risk in this circumstance especially in the dark.


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PostPosted: Tue Jun 21, 2005 09:51 
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A Cyclist wrote:
Sometimes it is positively dangerous sticking to the temporary 40 mph limit on the M-way when no-one is working and drivers "in the know" and who don't care continue at over the 70 limit. Law-abiding drivers are put at risk in this circumstance especially in the dark.


Gosh! Gee whiz & shucks! You're not suggesting, are you, that "sticking to the speed limit could be dangerous, are you?... If so, we have to apply "Basingwerk's Clepto-Biro-Principle" which is to drive even slower if you feel danger is imminent.

The "smart money" would therefore be on you driving at absolutely no more than 20 mph at most.

Think of the amount of film this would save in roadside cameras. Think of the rest poor Scam Operator would get. Course, might have a lot of mess on the motorway with lots of accidents. But with some people slowing to 20 (where the smart money is), that would leave enough film in the instruments of extortion sorry, I mean cash machines, no sorry, erm I mean safety cameras to make sure enough £££ SIXTY QUIDS £££ were made to be able to buy someone a broom.

Fabulous. No wonder our KSI events are going up on a daily basis.


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PostPosted: Tue Jun 21, 2005 10:02 
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camera operator wrote:
from what pavel has said he was reported via auto detection so it sounds as if this area is a 24 hour working site

I don't think you can draw anything from that. I've seen a temporary Gatso flash on roadworks where there were no workers to protect. Ernest's question remains - why have a lower limit to protect workers who've all gone home for the day?

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PostPosted: Tue Jun 21, 2005 10:25 
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the incident has happend at 18:00.

a friend of mine that travels everyday from bristol to birmingham says that this week there were not any workers at this time of the day.


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PostPosted: Tue Jun 21, 2005 10:27 
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jayseabea wrote:
I was stoped for "averaging" 70mph in the Chiswick flyover 40mph limit section of the M4 last November. Eventually fined £300 and 6 points in May. Believe me, the waiting for the summons for nearly six months was punishment enough.


did you plead guilty?


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PostPosted: Tue Jun 21, 2005 10:30 
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camera operator wrote:
fair point,
there is no conditional offer of £60, 3 points
once the reg keeper or nominated driver has returned the NIP it is accelerated within the CPS to court


Actually that's not right either. The prosecution process for speeding does not start until they have a 'signed confession' from the driver (who may not be the registered keeper).

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Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety


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PostPosted: Tue Jun 21, 2005 10:43 
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Every working day I ride through through the 3 50 mph limits on the M1 near Luton. Since my prosecution mentioned in the previous post I pass through roadworks sticking assiduously to the posted limits.
The dangerous parts are slowing from 70 plus in the outside lane to down to 50 and trying to get into the inside lane without being " rear-ended" by all and sundry who are not expecting anyone sticking to the limit.
Travelling for a couple of miles at 50 while everybody goes past at whatever speed they feel is necessary, plus the fact that there is no-one working, is one of the most frustrating feelings I've ever had.
Why can't the contractors develop a mechanised system to cover the signage at the end of the working day so that there is no unecessary walking acros the carriageway, which is ,presumably, why they are left at 50 in the first place.


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