NIP with incorrect speeding offence

[littlelamb010]

Hello, i would greatly appreciate any advice and help with how to deal with my NIP I received yesterday.

 

I will try to give you as much information as possible

but as im new to this and its my first NIP

i may overlook something so please forgive me.

 

I was travlling at 83MPH on the A417 towards Swindon (just before it turns into the A419)

I will state now i do admit to doing this and fully accept the responsibility

but i hope i may have some luck on my side and may be able to get this overturned

 

the letter states Offence Speeding

- exceed 5/18/20/30/40/50/60mph limit for a good vehicle

- manned equipment

 

I have 3 questions regarding this;

 

1: Why have they listed all these speeds?

 

2: the speed limit on this road is 70 not 60mph, would this affect a conviction?

 

2: The letter states that the vehicle I was driving as a "goods vehicle"

however, I was in my Ford transit which is less than 3000KG,

again, would this affect a conviction?

 

having read other forums

i have seen a case where someone was let off because the speed limit was incorrect.

 

 

My question is,

due to the comments above,

is there any advice you can give to help me respond to the NIP, which may allow me to overturn the conviction?

 

Thank you all in advance

Nic

[CrappoMan]

Look here: https://www.gov.uk/speed-limits

 

It states:

Vans, car-derived vans and dual-purpose vehicles

 

Most vans under 7.5 tonnes laden (loaded) weight, including Ford Transit vans:

 

• have a lower speed limit than cars
  
• must follow the speed limits for goods vehicles of the same weight
  

A vehicle qualifying as a ‘car-derived van’ or ‘dual-purpose vehicle’ has the same speed limits as a car.

If you are wondering whether a Transit qualifies as a 'car-derived van', look here: https://www.gov.uk/government/publications/car-derived-vans-and-dual-purpose-vehicles

 

The gist of which is:

Car-derived vans are designed to weigh no more than 2 tonnes when loaded and are based on car designs (eg Ford Fiesta, Vauxhall Corsa), or the vehicle is built from a platform which has been designed to be built as a car or a van.

 

So, YES, your Transit van is a goods vehicle and should not be driven at more than 60mph unless on a Motorway.

As you were travelling at more than 38% over the speed limit, expect a court date.

[BazzaS]

First things first!. Were you stopped? (if so, they don't always have to serve a NIP).

 

If not, is this actually a NIP to the driver, or a combined NIP / S172 requirement to the registered keeper to identify the driver?. When was the alleged offence?

When was the NIP/s172 posted?

[littlelamb010]

Thanks, I've re-read the letter.

Looking at it again it suggests its a NIP/S172,

the date of the letter is 16/12/16.

 

This is my personal work van (I work for myself)

 

Does this change matters?

 

Thanks again.

[BazzaS]

If the identity of the driver is not in any doubt

(such as if it is your personal work van, and no-one else could have been driving, or you can be expected to know who was driving if you 'exercise due dilligence') ;

you are going to have to identify yourself as the driver.

 

 

Failure to do so will mean a prosecution for failing to identify,

which will be 6 points (unless the vehicle is registered to a Ltd company, where a Ltd company can't be given points) and a Band C fine.

 

IF you are found guilty of speeding (84 in a 60),

the starting point for penalty will be a band B fine

and (4-6 points OR disqualification for 7-28 days).

 

So,

not only because the site doesn't allow me to suggest someone breaks the law!,

but also because in almost all circumstances it is better to identify the driver and risk being prosecuted for speeding than to take the penalty for NOT identifying the driver :

you are best to identify the driver,

if it is clear who was driving.

 

If the letter was dated the 16th December,

and you have it already,

it was sent the 16th?.

When was the alleged offence?.

 

if before the 3rd December,

that is highly relevant (the initial NIP/s172 must be sent with 14 days in most circumstances; subsequent NIPs to the driver don't have this procedural requirement).

[dx100uk]

just remember also that where there is no fence or crash barrier

then the speed limit on a dual carriageway is 60MPH

[Raykay]

just remember also that where there is no fence or crash barrier

then the speed limit on a dual carriageway is 60MPH

 

It would be 70mph for cars, but the OP was restricted to 60mph as at was a Goods Vehicle. A Dual Carriageway only needs a central reservation - no mention of fence or crash barrier - sch.6, Road Traffic Regulation Act 1984.

[Aretnap]

So, YES, your Transit van is a goods vehicle and should not be driven at more than 60mph unless on a Motorway.

As you were travelling at more than 38% over the speed limit, expect a court date.

No reason to expect a court date. Anything up to 85mph in a 60 limit would normally be dealt with by a fixed penalty (I've 3 points and £100).

[CrappoMan]

If the OP was driving a car I would agree with you, but they will see he was driving a goods vehicle and might expect him to drive to a higher standard.