I just received a notifciation of intended prosecution, speed limit on dual carriage way was 50, the alleged offence says "1) excess speed (50) cont to section 89 (1) etc.

It doesnt tell me what speed I was doing, or are they saying that I was doing 50 over the speed limit with that comment...it seems a bit unprecise and I don't think I was going that fast

It's ahand written on the pre pre-printed sheet and doesnt give me any more information about it. Any comments would be welcome

 

Does it give you the option to identify the driver and send your licence away?

If so you should only be looking at

 

Ask for the photographic evidence as you cannot remember who is driving and do not want to incriminate yourself.
Also question the info your entiltled to know where, when and how fast.

If they cannot answer it then i personnally would wait and see what happens and fight it in the court room. Keep copies of everything though.

 

Thanks...it doesn't offer a fixed penalty at this stage and it doesn't ask me to send off license etc. it just asks me to identify the driver.

Trouble is, I know this isn't a fixed camera, it names a police officer on the form, so maybe it's an unmarked car. But I can't understand why I wasn't 'stopped'

It seems from my research, that they won't tell me how fast until I say who was driving the vehicle! I just can't remember anything unusual about that day...could be anything really

 

This is interesting.
From what Karen's said, mine just asked me for the money and gave the 3 points straight away. They did state the speed, however.

Does that mean this was a gatso then? Even so, why have they not asked me who was driving?

:alsoconfused:

 

I think that they have to provide you with the info if you request it.
The only thing they wont send is the calibration sert that only appears if you take it to court.

My gut feeling is this was a bobby who clocked your plate and that you were going too fast.
I would keep pushing for all the information and make them work for your cash.
It does not even sound like a proper form, mine was all pre printed with the incident time location speed plate details and options etc and sections for just sending it back or naming the driver if not you.

Ask them for a proper NIP as you consider this to be "demanding money with menace" and it looks like they have no proof as yet, it could even be a cloned plate for all you know.

 

AFAIK, there is no prescribed form for an NIP - all it has to do is to make you aware that a prosecution is being considered against you for breach of whatever it is they think they can prove. As such, I don't think that you're going to get very far by arguing that this doesn't qualify as an NIP.

However, I do agree with Simmo that it's worth pursuing and asking for details of time, place and what speed they allege you were doing, together with details of the method by which they were able to determine the speed. Then work out where you go from there once you have that info.

 

Thanks for all replies..

It does look like an official document and it does have road, time date etc. I'm pretty sure that the 50 refers to the speed limit of the road now, and not the speed I was doing (there's a stretch of that road that goes down to 40)

I think it was an officer probably in an unmarked car. I'm hoping that the reason I wasn't 'pulled over' was that I was driving sensibly and that I will get an offer of a fixed penalty. Then again, I'm worrying that if that was the case wouldn't they just send that out first???? But then (stream of consciousness eh?) I think that they need to ascertain the driver first before they send out that document (that's what my research on google seems to point to)

So I shall call them tomorrow (got a number from Thames Valley POlice's hotline, who say I need to speak to the Fixed Penalty Dept, but I'm not sure if they've got that right as they told me that 50 would be the speed I was doing) and see what information I can get. BUT do I sign and return the NIP before I find out what speed I was clocked at? hmmmm

 

I would send it back unsigned with all the above in the letter.
They have a duty to inform you if you request it.
Sent mine back twice unsigned with same letter. They finally got message i would not hand it over with the proof it was me and my car.

Four nice pics shortly followed and it was me. was never in any doudt but i was gonna make the swines work for the

 

It does give you the opportunity to state someone else was driving - but if it was you driving then you can send the form with money and licence