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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70701
Experience:  Over 5 years in practice
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I have just received an NIP in relation to an alleged speeding

Resolved Question:

I have just received an NIP in relation to an alleged speeding offence. I remember the mobile speed camera very well as it was located adjacent to a temporary reduced speed area (60 down to 40 for 200-300 metres or so). My thoughts at the time were, "as the camera was immediate tell before 40 mph limit - were they scanning people for not getting down to 40 from 60 quick enough?" I was conscious I was close to the 40 limit a few yards ahead. I even went back later to note how close the detector vehicle was to the 40mph sign. My surprise is that I've been sent a notice for being in excess of 60 mph - which I know was simply not possible.
I don't want to escalate this to a court case, but can I request a copy of the photograph showing my speed, without doing so?
I have never had a speed convictin in over 40 years, and feel reluctant to roll over & pay when I knew perfectly well what my speed was.
I would appreciate your first thoughts on this please.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You can ask for anything that you like. Anybody can ask for anything in the UK. Whether you can demand an answer is another point entirely. The answer to that is that you cannot.
If they have offered you the fixed penalty notice then the only way you can get this evidence, unless they agree to send it, is to refuse the offer and take the matter to court.
If this is a NIP with a S172 request then your S172 responsibilities are not placed on hold because you ask for evidence I'm afraid.
If you are certain that you could not have been travelling at that speed then it might pay off to go to court.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you Jo

So, to clarify, it is not possible to obtain verification, without effectively escalating the matter to a court case?

The notice reads: "If the above states an offence of exceeding the speed limit, the recorded speed was 70 mph. I know I was not travelling even remotely close to that speed as I was within 50 yds of a 40 mph sign and conscious of dropping speed from 50 to 40 in front of the detector van, placed between the two areas.

There is a phone number on the NIP and I had planned to call it tomorrow to query the details. From what you say, the provision of the details I require may cause me to pass the deadline for response?

H

Expert:  Jo C. replied 2 years ago.
Only if they comply with your request which might happen. You cannot force them to though.
The fact that you respond to the NIP identifying the driver doesn't mean you are admitting the offence. It just means that you admit being the driver or disclose the name of any person who was.
You can still make those enquiries.
Customer: replied 2 years ago.

Thanks.

So I can acknowledge I was the driver and still ask for the details? If I accept and pay the fixed penalty and am still awaiting the details - which I believe would show I was not driving at that speed, is there scope for me to be cleared later?

Does that ever happen? Or is paying the fixed penalty an irrevocable statement of guilt?

Expert:  Jo C. replied 2 years ago.
Yes but if you pay the fixed penalty you will be admitting the offence.
You are just being asked to identify the driver though at this stage.
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