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NIP dated  1st May received today 2nd May (updated - today is 02/05/2024!!) with Royal mail stamp post 01.05.24.

M11 Motoway near Luxborough Lane road bridge, Chigwell.
Offence - Exceed a 50mph speed restriction on a special road/Motoway - automatic camera device.

Speed of vehicle - 65mph
Speed limit - 50 mph
Date - 27/04/2024
Time - 03:54


Hi everyone,

I'm new here, I've been reading up on different posts to see if I can find information to help my husband. I'm the registered keeper of the vehicle so the NIP was sent in my name.

I know they say ignorance is not a defence but the incident was really not intentional.
My husband and I had been coming from Stansted airport early Saturday morning after just returning from holiday in Cyprus and picked up the car from the airport carpark. There were lots of road works on the road around the airport so we were grateful for Waze on the phone for navigation as it rerouted us.

We tend to use the speed limit showing on Waze screen whenever we use it for navigation as it tends to be more accurate than the one showing in our car. During the drive, we realised that we had not changed back the distance unit in the Waze settings to the Uk 'mile' as they use 'km' in Cyprus. I don't know if this was before the location of the camera or after.


I'm not sure if this caused the confusion on the speed for the location where the the camera was as my husband does not speed (if I had been driving, I could honestly think fair enough, possible, mile or km). He only got his driving licence last September (so less than a year ago) while I have been driving for over 16 years, he's naturally a person that follows rules to the letter and always a careful driver who would not intentionally break the rules. He would choose to cruise even if we are in a rush to get somewhere because the speed states 20mph or 30mph and would tell me off if I drive just a little over the limit.


I'm really worried about the implication of the NIP especially seeing it's not like a normal speeding fine but a possibility of prosecution! I don't want him to loose his licence.

The notice is asking me to send details of the driver and I don't know what to do.

I would really appreciate some guidance.

Rosie

Intent is not required for the driver to be convicted, it’s a strict liability offence and no intent is required.

What matters is whether the signs are correct, drivers are expected to look for them and not ‘blindly’ follow devices which are frequently wrong.

Intent is not required for the driver to be convicted, it’s a strict liability offence and no intent is required.

What matters is whether the signs are correct, drivers are expected to look for them and not ‘blindly’ follow devices which are frequently wrong.

I know    That's generally what we do but for whatever reason that early morning, we missed something but like you stated, intent is not required.

I'm just trying to get some guidance on the NIP just in case I get something wrong or miss a process.
Thank you!

@NewJudge - a big thank you!

Thanks for a clear outline of the process, really helpful to have it laid out this way.

Appreciate!

@NewJudge - a big thank you!

Thanks for a clear outline of the process, really helpful to have it laid out this way.

Appreciate!

Just to add to the "Two precautions" suggested by @NewJudge:

First, as you were not the driver the NIP/s172 request addressed to you might allow you to nominate your husband online.  Obviously if you are allowed to do that (make sure you read the instructions as to how to reply carefully) it means your reply can't go astray in the mail.

Second, when your husband receives his notice to identify himself as the driver, again read the instructions carefully as to how to reply.  Some constabularies (eg Norfolk & Suffolk) allow you to identify yourself as the driver online, but most of them still require the return via snail mail of a completed and signed form, in which case NewJudge's precautions become very relevant.

Ok, thanks @ManxTom, I will have a look at that.

I've put the notice away somewhere, can't bear to look at it again today so all actions deferred to tomorrow or perhaps the weekend, massive headache from the panic I experienced following receipt of the letter this morning but thank you all, I'm not as overwhelmed anymore.

Quote from: RoseyMe12-34 on May 02, 2024, 03:53:01 pm

We tend to use the speed limit showing on Waze screen whenever we use it for navigation as it tends to be more accurate than the one showing in our car. During the drive, we realised that we had not changed back the distance unit in the Waze settings to the Uk 'mile' as they use 'km' in Cyprus. I don't know if this was before the location of the camera or after.

I can't see how showing units in KM/h and following those for a speed reading would affect the offence. If anything it should have made it harder to exceed the limit...

I assume that eg a 30mph limit would show as a "50" limit if their Waze app (or whatever it is) hadn't been converted back to imperial from metric?

(But I'm only guessing.  I've never used any kind of satnav and I rely on looking at road signs to know what the speed limit is.  I wouldn't rely on a device to tell me)

I've put the notice away somewhere, can't bear to look at it again today so all actions deferred to tomorrow or perhaps the weekend, massive headache from the panic I experienced following receipt of the letter this morning

Seriously, it's not the end of the world. Your reaction is entirely understandable and not criticising you for it. While it's galling at the moment, and you're full of "what ifs" and "if onlys", at the end of the day you (or your husband) will be £100 worse off and have 3 points on his licence, which on an otherwise clean license won't really make a difference on insurance.