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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice.
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I have a NIP for excessive speed (87 in 60 area on A66 in Cumbria),

Resolved Question:

I have a NIP for excessive speed (87 in 60 area on A66 in Cumbria), followed by a letter saying I will be summonsed. One thing I don't understand: the description of the location on the NIP is a correct verbal description but is followed by the numbers 338207 527102. I assumed this was a GB Ordnance Survey grid ref but if that were so, it is wrong. Have I misunderstood something? Thanks
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Do you admit that you were speeding please?
Customer: replied 2 years ago.

Yes. But if the location reference (the numbers I quoted) are OS grid, they are wrong, which may invalidate the charge. So I'd like to know if any other positioning system is used. The location quoted as 'A66 Troutbeck R/Ends travelling East (W)', and the time, are undeniable.

Expert:  Jo C. replied 2 years ago.
I'm really sorry but you are wasting your time I'm afraid.

Obviously they may forget to summons. That does happen sometimes.

However, even if you establish the location is wrong they will just amend the charge sheet to the correct location. There won't be any dispute over where the GATSO camera or laser gun was sited.

All a NIP need do is warn of the date and time and nature of the offence and the contemplated prosecution. It doesn't have to comment on the location at all.

If this is also a S172 request then you could respond, if you are correct, by saying that your vehicle was not at this location at this time and explaining your reasoning. But if you are right they will just send out a new S172 request with the correct details

Im very sorry but the days when points like these defeated prosecutions have gone.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69776
Experience: Over 5 years in practice.
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