Hi everyone, I think this is the right thread to post this.
I have an entirely hypothetical scenario to ask about. I am worried about being on the borderline for enforcement on a short 50mph average speed camera stretch of motorway. I have not received any NIP, and hopefully never will, so this is all entirely in the realms of the hypothetical.
The circumstances were that I was driving on an unfamiliar motorway, I was being dazzled by intense winter sun glare that was reflecting on the wet surface of the motorway. That's not intended as mitigation, just saying why I was focused more on avoiding collisions than looking out for cameras.
I saw a sign warning of a 50mph speed limit enforced by average speed cameras and started decelerating for that. At that point, my speedo was an indicated 59mph (I think), which showed on Waze as being 57mph (GPS speed). I didn't brake to decelerate, I just took my foot off the accelerator and let it slow down that way. I think I was down to an indicated 52mph by the time the 'national speed limit' signs appeared. This stretch of average speed cameras was far shorter than I expected, which is why I didn't brake to slow it down further.
From googling, it seems that this particular set of average speed cameras are enforced very strictly and people have had tickets for 57mph. So if my figures are accurate, the average would hopefully come out as just below this. But it was a short stretch, as I say, and I am not 100% certain that my deceleration was sufficient to avoid that threshold.
Now the thing is that I have not received a NIP. However, I have not received any post at all from the Royal Mail since December. I think we all know how rubbish the Royal Mail service has become lately.
So what worries me is if a NIP did get issued, I may receive it after the deadline for completing the S172 or I may not even receive it at all. That is what worries me more than anything. As far as I'm aware, if they post on the 12th day after the alleged offence, then it is deemed 'served' regardless of whether it is actually received or not. This is obviously unjust given that the RM has become so unreliable now (so much so that they have been getting fines for not meeting their service commitments).
If I am unlucky enough to be over their threshold, I should qualify for an awareness course (no points on my licence in years). I am far more worried about the possibility of being stung for a failure to name the driver for a NIP that I never received.