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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have received an NIP ( speeding), the NIP states the location

Customer Question

I have received an NIP ( speeding), the NIP states the location as Warwick Bridge, there is no Speed camera in Warwick Bridge, there is one in the village before Warwick Bridge, and the associated roadmarkings for the camera are also in the village before Warwick Bridge. There is a road sign some 40 mtrs after the Camera and Roadmarkings stating Warwick Bridge. The villages have totally different names so there cannot be any confusion there.

I have received 3 photos of the vehicle in question and these show it is not in Warwick Bridge, but in the village prior to it.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

Jo,


The NIP shows alleged speeding at Warwick Bridge, the camera and roadmarkings are east of Warwick Bridge in the next village named Corby Hill.


Each village is clearly marked with it's name by way of road signs.


 


So basically I have an NIP with a given location 'Warwick Bridge' where there is not speed camera.


 


Regards


Stuart

Expert:  Jo C. replied 2 years ago.
Yes, so what is your question about this?
Customer: replied 2 years ago.

Is the NIP invalid as it has the incorrect location ?


Regards


Stuart

Expert:  Jo C. replied 2 years ago.
Were you speeding but at a different location?
Customer: replied 2 years ago.

Yes

Expert:  Jo C. replied 2 years ago.
Thanks.

The short answer is that it doesn't invalidate the NIP but you do have an argument. It depends whether you are willing to bear the risk of raising it.

The document you have received is confusing but it combines two separate legal entities.

The first is a NIP. That is perfectly valid whatever the location. That does no more than warn you of the risk that you will be prosecuted.

The second is a S172 request demanding the identity of the driver. You are free to send that back as indeed your vehicle was not at the alleged location. You do need to include a cover letter explaining. Obviously this is predicated on the basis that the location is entirely wrong rather than just a misspelling.

If they send out a further S172 citing the correct details then you would have to comply.

If they dig their heels in and maintain this location then you are free to maintain that your car was not at that place at that time.

Can I clarify anything for you?

Jo

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