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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice.
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I have received a NIP for speeding RR84207 speeding in a passenger

Customer Question

I have received a NIP for speeding RR84207 speeding in a passenger vehicle, however I was driving a 4x4 towing a covered car transporter. Should I challenge them for "wrong offence". Or will it make no difference as I was exceeding the speed limit for a trailer?
Thanks
Mark Astall XXXXXXXXXXX
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

So, in short, they have sent a NIP out quoting the wrong index number?

Is that right?
Customer: replied 3 years ago.
Correct the index number rr84207 is speeding exceed limit for passenger vehicle - manned equipment.
I was towing an a race car trailer painted like the space shuttle.
Expert:  Jo C. replied 3 years ago.
So the issue is that you were exceeding the speed limit for a vehicle of that class rather than the general speed limit?
Customer: replied 3 years ago.
Correct the limit for a passenger vehicle or trailer in a national speed limit zone is 50mph, I was recorded doing 58mph in a 60mph limit.
Regards
Mark
Customer: replied 3 years ago.
The issue is that I was not driving a "passenger vehicle" and was I fact driving a car pulling a trailer at 58mph.
Basically the NIP has an offence code for the wrong class of vehicle. If they were accusing me of exceeding the speed limit for a trailer then I would be guilty, however they have accused me of exceeding the limit for a passenger vehicle and not a trailer.
Is that clear.
Regards
Mark
Expert:  Jo C. replied 3 years ago.
Yes, I understand your point.

The question really is whether this is anything that would assist you in court.

Obviously you can refuse any fixed penalty offers and plead not guilty in court because the current charge is wrong.

The problem will be that they will not leave the charges as they are. The Crown are always amending indictments and they don't even need the permission of the court until the half time point. As soon as they realise they are wrong they will just amend the charge and then you will have to plead.

A more sensible alternative might be to write back to them point out their error. They will amend the charge but it will eat into their time period making it more likely that they will forget to summons you.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
Thank you for your answer, I am not clear about the time table. Do I write to them after the offer of the fixed penalty and point out the mistake?
If they acknowledge the mistake, how long do they have to summons me before they run out of time?
Regards
Mark
Expert:  Jo C. replied 3 years ago.

It depends how much risk you want to take.

Personally I would just write back pointing out their error if this is a first NIP. There is a risk they could charge you with failing to identify but its very low because normally they will just send out a second NIP even if they hear nothing at all.

They have to lay an information within 6 months of the date of the offence.
Jo C. and other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’