How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

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., Barrister
Category: Traffic Law
Satisfied Customers: 69380
Experience: Over 5 years in practice.
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’

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    3044
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3044
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    6
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    130
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor/Partner

    Satisfied Customers:

    80
    Partner in national law firm
  • /img/opt/shirt.png LondonlawyerJ's Avatar

    LondonlawyerJ

    Advocate

    Satisfied Customers:

    12
    I am a solicitor with particular expertise in road traffic law.