Odd speeding fine, is this legal?

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tags
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Odd speeding fine, is this legal?

Post by tags » Thu 04 Apr, 2013 17:57

Hi guys/girls,


The wife has received a speeding fine (a NIP/S172 Notice of Intention to Prosecute).

It says she was speeding on a road in Bolton doing 61 in a 40 on 29/03/13 at 09:45.

She wasn't there, she was on her way to stoke and had just left home at around that time form near Manchester Airport.

We looked at www.gmppas.co.uk where you can see the car apparently doing 61mph, but the image and camera are not on the road that the NIP states. Also, you can see an image of the camera site and it is completely different to the image and location that she was clocked doing 61 (allegedly).

Clearly, gmp have an error in their system somewhere. The question is, was she driving the car on the road where the offence took place. No she wasn't she was driving on a different road. Ok, they may come back and say that she was still speeding but on the a34. She would then allegedly be driving at 61 on a 50 road which is a lot different to 61 on a 40.

Because of this error, shouldn't it be withdrawn due to be factually incorrect? Has anybody else seen a error like this before and what do you think would be the best way to proceed?

Cheers guys.


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Phil
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Re: Odd speeding fine, is this legal?

Post by Phil » Thu 04 Apr, 2013 18:06

There is a very helpful website that may give you some guidance

http://www.pepipoo.com./
Sapphire black/Imola red and black interior/ red roof/ S54 - the only RHD one made.

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Sp1key
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Re: Odd speeding fine, is this legal?

Post by Sp1key » Thu 04 Apr, 2013 19:10

I would volunteer no information whatsoever, just write and say this is wrong not in the area you say!!
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Pierrick
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Re: Odd speeding fine, is this legal?

Post by Pierrick » Thu 04 Apr, 2013 21:13

Spikey is right, the speeding ticket is wrong! You just have to proove your wife (and the car) was not as the place they say... so no speeding ticket!

z3bedee
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Re: Odd speeding fine, is this legal?

Post by z3bedee » Fri 05 Apr, 2013 10:01

For your wife to be prosecuted for speeding the police must issue a Notice of intended prosecution within 14 days of the alleged offence being committed.
The NIP that you have received gives the wrong location so the police have made a mistake.
The fact is she can not be prosecuted for speeding at the location given on the NIP because she was genuinely not there.
If I was you I would wait for 10-12 days and then write to the police explaining that your wife has received an NIP for speeding at a time and location when she was clearly not there.
If the police can be bothered they will probably check their evidence and realise that they have made a mistake by which time the 14 days has expired so they are unable to issue another NIP for the the other location.
Not guaranteed but well worth a try. My philosophy is if you plead guilty you get done, if you plead not guilty you have a 50/50 chance of not getting done
I hope this helps :) :) :)

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freck99
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Re: Odd speeding fine, is this legal?

Post by freck99 » Fri 05 Apr, 2013 11:30

You can ask for photographic evidence of the offence from the police.
Surely if your wife was not there they wouldn't be able to provide it.

There's also the possibility that your registration plate has been cloned, I had this happen on one of my bikes a few years ago :shock:

Steve

Sp1key
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Re: Odd speeding fine, is this legal?

Post by Sp1key » Fri 05 Apr, 2013 13:20

Oops now that last comment is much more worrying - imagine the trouble a cloned plate could cause :?
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Robert T
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Re: Odd speeding fine, is this legal?

Post by Robert T » Fri 05 Apr, 2013 13:53

Is it definitely your car or just same make and colour? Can you identify the driver from the photo? If it isn't your car or at least if it definitely isn't one of you driving, then I would have thought you should report your suspicions of a cloned plate ASAP. If is an administrative error, then I am not sure of the best way to proceed, but you will at some point have to contest it.

Cheers R.
Arctic Silver '99 Z3 1.9 & Black '59 Frogeye 1275cc
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tags
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Location: Manchester

Re: Odd speeding fine, is this legal?

Post by tags » Tue 09 Apr, 2013 19:49

Good news.

We received an apology and the NIP has been dropped due to a clerical error.

Good result.


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