First Speeding NIP - Norfolk

Hi all

First time on this section.

I've today received a NIP for an alleged speeding offence. I have been judged to have been travelling at 48mph in a 40mph zone. I have an explanation for this (not sure it's relevant but I wasn't speeding, I was passing a lorry that had braked suddenly - initially i thought some of its cargo was loose as it was an old transit carrying scrap, but turns out he was braking sharp because of speed gun).

I have a lease car but the letter itself is addressed to us and not the leasong company. The alleged offence was from the 9th July but I the letter is dated 06th august.

Is this grounds for cancellation? Can anyone offer anymore information as to what I should do in this instance?

The requirement is to send the request for driver’s details to the Registered Keeper within 14 days.

Are you the Registered Keeper?

When you say you weren’t speeding, does this mean that you dispute the 48mph allegation?

If you weren't speeding, that would be a defence. However, I am struggling to see anything in your post (other than your claim that you weren't speeding) that supports your claim.

Slightly curious as to how a lorry was turned into a transit van by the speed gun, but that might constitute duress of circumstances.

So, i wasnt caught speeding.

To be clear as i was hastily typing as driver is a bit distressed - the driver was overtaking an old transit type van (open backed) carrying scrap metal. It looked to be overfilled, it had braked sharply, which the driver thought was due to something becoming loose. They have sped up to over take, and then saw the reason for the van braking in the first instance, which was the mobile unit.

Its become clear the NIP was sent to the lease in time, so they have no recourse this way. They are now facing 9 points (6 currently) amassed over 2 years and is obviously anxious now as their job involves visiting vulnerable people, so concerned about their job.

I understand speeding is speeding, having now had time for it to sink in, i dont believe there is anything they can possibly do.

I'm confused. You began by saying "I received a NIP" and that you were not speeding.

In your second post you said that the NIP was addressed to "us". You go on to mention "the driver" (suggesting that you were not the driver).

So who was driving and did he or she exceed the speed limit?

Apologies, i have used this forum for a PCN before so was weary of disclosing who was driving at the time, so i assumed the same could be said here. My wife was the one speeding and also with the current 6 points.

I have acknowledged that 48 in a 40 is speeding but it was in the act of moving to avoid a potential accident. I know this would not be in itself a clause we can use. I think we have to just accept it. Unfortunately she has 2 in quick succession which has really put her on a knife edge.

Thanks for the clarification.

It doesn’t matter about identifying the driver on here for these purposes. The recipient of the “request for driver’s details” must respond to it or face a charge which, on conviction, carries six points.

Yes, I think that speeding up to overtake a vehicle which she believed might have been about to shed its load is unlikely to fly.

Has she done a speed awareness course in the last three years (offence dates used to calculate that period)? If not, she should be offered one for that speed.

Yes, unfortunately she did one January 2024.

Its a truely worrying time for us both now.

Its a truely worrying time for us both now.

48 in a 40 would be 3 points and £100 fine.

When were the other points gained? Remember they only stay active for 3 years, and then can be removed from the DL after 4.

She will need to drive like Ms Daisy until they drop off, and even then, I would suggest she does something about her driving to improve things if she's managed to accrue 9 points in the past 3 years plus a SAC!

She will need to drive like Ms Daisy until they drop off, and even then, I would suggest she does something about her driving to improve things if she's managed to accrue 9 points in the past 3 years plus a SAC!

She already drives like Miss Daisy. Miss D was a terrible driver, that was the whole point of the film.