Author Topic: NIP received, doing 38 in 30 zone  (Read 336 times)

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Merc220

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NIP received, doing 38 in 30 zone
« on: September 06, 2023, 10:39:47 am »
Hi,
I have received an NIP for speeding. I didn't see any sign on the road as it was very dark and no street lights were on at the time.
Looking at Google Street view, I can see there is a sign just before the camera. But I didn't see either the sign or the camera, due to it being so dark. The road was 40, but changes to 30 a couple of junctions before.
Also, it happened at 00:08 on 21of August. But I received the letter yesterday, 5th of September. I live in a flat, so all our post is kept downstairs until we pick it up.
So I am not sure if this letter was delivered before that. But I check the mail daily and didn't see the letter. I am attaching the picture.
I have already attended the Driver awareness course last year. That was because my tires were beyond the white line at the lights, but I was still behind the lights. Which I think was stupid, because I didn't jump the lights. But I didn't challenge it, because I consider myself a very responsible driver. I don't go above 55 on the motorway. So I thought that I am not going to get any more flashes in the next three years. So I bit the bullet and took the course.
The question is, would they offer me another course for speeding, considering my previous course was not about speeding. Or am I looking at points and fine.
Also, is there a way to get out of it.

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666

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Re: NIP received, doing 38 in 30 zone
« Reply #1 on: September 06, 2023, 11:09:12 am »
As there were street lights, albeit not lit, you should have known it was a 30mph limit unless there were signs to the contrary.

You should be offered a course.

Finally, to 'get out of it' you would have to go to court and convince the mags that the NIP was late. In the absence of any independent evidence, that's not going to happen.

andy_foster

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Re: NIP received, doing 38 in 30 zone
« Reply #2 on: September 06, 2023, 11:27:03 am »
After naming yourself as the driver...

For speeds of up to 10% + 9mph over the limmit (42 in a 30), you should expect to be offered a Speed Awareness Course if you have not done that course for an offence committed in the 3 years prior to the current offence.

Or you would be offered a fixed penalty for speeds up to 49 in a 30 limit.

If you do not accept either of these out of court disposals, you should expect to be summoned to court where you can try to defend the charge.
If you can prove, on the balance of probabilities, that the NIP was delivered more than 14 days after the date of the offence, that is a defence.
On a single carriageway road, unless there is a Traffic Regulation Order in force setting the speed limit, the speed limit is 60mph unless there is a compliant system of street lighting in place, in which case the limit is 30mph. If defending in court, I would argue that lamp posts which have been switched off do not constitute a system of street lighting (as they do not light the street) during what used to be known as "the hours of darkness" (now sunset to sunrise).

N.B. If you do go to court, I would not necessarily expect the court to agree that never exceeding 55mph (in a car) on motorways is a sign that you are a careful and competent driver.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Merc220

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Re: NIP received, doing 38 in 30 zone
« Reply #3 on: September 06, 2023, 11:50:01 am »
After naming yourself as the driver...

For speeds of up to 10% + 9mph over the limmit (42 in a 30), you should expect to be offered a Speed Awareness Course if you have not done that course for an offence committed in the 3 years prior to the current offence.


So the driver awareness and speed awareness courses are different? as I attended driver awareness last year.

The Rookie

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Re: NIP received, doing 38 in 30 zone
« Reply #4 on: September 07, 2023, 08:37:01 am »
Yes, driver awareness is offered for those accused of a low level careless driving (Driving without due care and attention|) offence, a speeding awareness for those accused of a low level speeding offence, you can do one of each every 3 years!
There are motorists who have been scammed and those who are yet to be scammed!