just had a NIP in the post oh B*****ks

[Big.Dave]

I went to Cardiff just over a week ago just been sent a Notice of Intended Prosecution for doing 60 on the M4 it seems I did not slow down quick enough half a mile away from the Tolls plaza Rogiet Monmothshire thats where you pay for going over the bridge. I'm not a fast driver at the best of times so I'm thinking how many people got fined on that day because I was keeping up with traffic and no one looked like they were making an effort to back off.

It is my own fault and will have to take the hit it was the first time I had been down that route the traffic was light and I was busy looking up at the gantry signs trying to work out which lane I should be in and completely missed the 50 signs painted on the road.

But thinking about it now using a speed camera to slow the traffic down is rubbish solution and that a redesign of the road lay out should be done the makes the drivers naturally slow down and give them plenty of time to fine their lane and sort out how they are going to pay.

Anyone else been caught down there?

 

[daz]

Ask for the proof before you pay up.
Been quite a lot of false mail going about lately telling you to pay fines from parking to speeding, might be working h looking into first?

 

[Tackleberry]

They have 6 months to prosecute you so first you need to ask for proof as Daz says, they should have a photo that they can let you view online, if they have and it clearly shows you then there is not much you can do. No picture = no proof, if there were hundreds that day, you never know it might be 'lost'. Some people try to drag out the whole thing to longer than 6 months by delaying replies etc so they can't be prosecuted but they are getting wise to that now.

 

[Father Ted]

Im probably wrong but I thought that speed restriction signs had to be illuminated. Simply painting a sign on the road does not count. If the speed restriction varies from the norm for that type of road (ie, 20mph on a road that would otherwise be 30mph) then there have to be repeater signs as well (again proper signs not just things painted onto the surface of the road).
the Pepippo website has a lot more experts to advise you on this.
http://www.abd.org.uk/speed_limit_signs.htm#legal

 

[xenton]

I Ended up going to court with Humberside police, it was only a 3 pointer and most would of just taken it, but there were several things I wasn't happy with. Was engaged in correspondence with them about it, and they just turned around and said you have now failed to respond to the NIP you are being prosecuted for failing to identify the driver and speeding.

They produced a very clear photo in court that showed me driving. I almost sent the NIP back with the Mrs' details as she was adamant she was driving on that day, but I was sure it was me. I could of been prosecuted for supplying false details, so I'm glad I didn't. They sent me very bad copies of the photo. I pointed out the photo was nothing like the one disclosed to me before the trial, and as such could not be used in evidence, the problem was the magistrates had now all seen the photo, and even though they weren't now supposed to let it influence them, they had all clearly seen I was driving. I asked for an adjournment to speak to the prosecutor. I said I would plead guilty to the speeding if he dropped the failure to supply charge, to which he agreed.

I apologised to the magistrates and said I only ended up in court through fear of inadvertently providing false information, and I had copies of theory taints of correspondence, 4 times asking if I could have a clearer, higher resolution copy of the photographic evidence, which the police failed to provide to me, and failed to even disclose to me before the trail. I did not think this was my fault, and I didn't think I should be punished for this beyond the scope of the fixed penalty ticket. They adjourned to consider. Two of the magistrates thought I should pay no costs, and one thought I should pay full costs, as I chose to take it to court. It ended up costing me £100 and 3 points instead of the £60 and 3 points it should of done. I also learned this was a much used tactic by Humberside police with the crystal clear picture, which had not been disclosed, which really annoyed me.

 

[Hax]

I got caught there a few years ago for doing 62. It's well signposted for 50 but like you I just didn't slow quick enough - just lifted my foot off the accelerator instead of braking... lesson learned

 

[Lose the beard]

Timely reminder, I'm driving to Swansea on Sunday Night, I think I will need to go over the bridge, haven't looked at map yet, but if i do i must remember to slow down.

 

[Biscuitbunny]

They have 6 months to prosecute you so first you need to ask for proof as Daz says, they should have a photo that they can let you view online, if they have and it clearly shows you then there is not much you can do. No picture = no proof, if there were hundreds that day, you never know it might be 'lost'. Some people try to drag out the whole thing to longer than 6 months by delaying replies etc so they can't be prosecuted but they are getting wise to that now.

Hi Tackleberry
I'm new here. What legal text confirms the 6 month limit to serve a summons? Mine came a week ago, 3 wks. outside of the 6 months since NIP was sent. I'm planning on defending my case on grounds of operator conduct (LT20 20) and no KSI substantiated case for a 50mph limit.
Thanks,
Biscuitbunny

 

[dlegros]

Check on the appropriate sites (like pepipoo or however it's spelt) as it always used to be they had 14 days to serve you with the NIP

 

[Walkers]

motorlawyers.co.uk has info relating to the 6 month thingy. looks like the NIP is 2 weeks then the police have 6 months to lay the info to the court, if they have and the court issue it after 6 months then it's still going to go to court. Check the date the court did the paperwork.

 

[dlegros]

If NIP has arrived outside the window then can't proceed to prosecution iirc.

Keep us up to date

 

[Bechet]

It is my own fault...... I was busy looking up at the gantry signs trying to work out which lane I should be in and completely missed the 50 signs painted on the road.

'Tis a bummer to be caught, for sure, and leaves all sorts of uncomfortable feelings, but..... your statement, precised above, says it all. Thank goodness you only missed 50 signs!

Based on your experience of driving that road, seems 50 mph is still a tad high as there is so much information to glean as you drive.

I have three expired points for doing 32 in a 30 zone - past Fido's old offices.

Afterthought - a friend recently chose to do the 'Speed Awareness Course' rather than pay the fine. She said not only did it save her the £60 but she learned a whole lot. I feel more comfortable being driven by her since she took the course.

 

[Big.Dave]

It is my own fault...... I was busy looking up at the gantry signs trying to work out which lane I should be in and completely missed the 50 signs painted on the road.

'Tis a bummer to be caught, for sure, and leaves all sorts of uncomfortable feelings, but..... your statement, precised above, says it all. Thank goodness you only missed 50 signs!

Based on your experience of driving that road, seems 50 mph is still a tad high as there is so much information to glean as you drive.

I have three expired points for doing 32 in a 30 zone - past Fido's old offices.

Afterthought - a friend recently chose to do the 'Speed Awareness Course' rather than pay the fine. She said not only did it save her the £60 but she learned a whole lot. I feel more comfortable being driven by her since she took the course.

Well The road is a motorway and even in the 50 zone it's still a motorway and the 50 zone starts about a mile away from the toll gates where the width of the road doubles so all was needed was for me to get in the right lane and then leave enough road to start getting the cars to slow down it's a bad layout also if they want people to slow down they should put all the information needed well in advance so that the drivers can prepare to get into the correct lane then prepare to slow down to the correct speed .

Anyway I found a FOI request sent to the Police force in question only 1 Driver was convicted in 2011. Needless to say I've been offered a speed awareness course instead of points and I found one closer to where I live and its £12 cheaper than the Welsh one they tried to sell me.