View Full Version : I'm screwed
110mph (GPS speed) in the car, long straight dual carriageway, one artic I'm overtaking blocking my view of the camera van in the layby.
Just as I appear at the front of the artic I spot the van... too late.
This is going to be a very long 2 week wait for an NIP.
Fingers be crossed - Hopefully the gun was pointed at the artic and you came into view a little too late....
You might be a very lucky man as you only saw it was u just got pass the artic, hopefully the artic kept you hidden all the time.
Spiderman
14-07-09, 11:49 PM
ah poop. Lets hope it missed ya somehow or said ERROR.
northwind
15-07-09, 12:00 AM
Ooh crap. Good luck!
ThEGr33k
15-07-09, 12:03 AM
Oh noes! :(
rictus01
15-07-09, 12:32 AM
Whoops, think you covered it in the OP, good luck
-Ralph-
15-07-09, 12:41 AM
Lot of the camera vans have nothing more sophisticated than a bloke with an LTI 20-20 inside. At that speed appearing from behind an artic, the guy would need to be pretty quick to see you, aim at you and pull the trigger. There's also a chance the guy not paying attention, particularly if he was looking at a 56mph artic and waiting for it to pass before concentrating on the traffic again, or indeed reading a book eating his sandwiches.
kellyjo
15-07-09, 05:26 AM
Fingers crossed they didn't notice! x
I hope you don't get zapped, but respect to you for the attitude :)
Bad news - hope you're okay and they didn't get you.
However, I'd take a trip round Boots to look for some "soap on a rope" just in case :thumbsup:
Oh no, good luck matey, fingers crossed.
keith_d
15-07-09, 07:21 AM
I'm enjoying a similar wait after failing to spot a van on the bridge over the M40 because I was paying attention to the traffic.
There were a bunch of us doing 90-ish westbound and the van was parked above lane 2 eastbound. So I'm hoping they weren't being devious and using it on westbound traffic, but I won't know for a couple of weeks.
All we can do is wait and hope,
Keith.
I'm enjoying a similar wait after failing to spot a van on the bridge over the M40 because I was paying attention to the traffic.
There were a bunch of us doing 90-ish westbound and the van was parked above lane 2 eastbound. So I'm hoping they weren't being devious and using it on westbound traffic, but I won't know for a couple of weeks.
All we can do is wait and hope,
Keith.
Fingers crossed for you too then :)
Sid Squid
15-07-09, 07:48 AM
Oops!
We shoulkd all sit in the lotus position with thumb and forefinger together and hum 'Ommm' repeatedly for the next two weeks - hopefully the positive energy we produce will outdo the negativity of the NIP.
startrek.steve
15-07-09, 07:52 AM
Fingers crossed mate,
doesnt your satnav have a speed camera location?
Steve
keith_d
15-07-09, 07:59 AM
I think Lozzo was right when he started the thread. If I was tagged around 90mph, I'll probably get a fixed penalty (3 points and a fine), but at 110mph they might try going through the courts and that really sucks.
Let's hope the truck hid him long enough, or the operator was slow off the mark.
dont drop the soap
hope nothing comes of it tho, pinkies and tootsies crossed
Hmm, a *lot* of people have come on here wishing, "Good luck", I won't be - there is a speed limit & you went over it, not by a careless 5 mph but 40mph!
Bad rabbit!
Hmm, a *lot* of people have come on here wishing, "Good luck", I won't be - there is a speed limit & you went over it, not by a careless 5 mph but 40mph!
Bad rabbit!
there but for the grace of god Kinny.
if you're in a similar situation, be it 5,10 or 40 miles over any speed limit i trust you'll not be starting a thread about it? lozzenge wasnt looking for good luck, best wishes, a hand out, just a tale of woe of which we can all empathise either by experience or the thought of what may happen.
i love you all
lozzenge wasnt looking for good luck, best wishes, a hand out
I *know* he wasn't - I didn't say he was!
I just stated that unlike the majority of respondents, I wouldn't be saying, "Good luck". I was offering another viewpoint/angle.
I *know* he wasn't - I didn't say he was!
and i didnt say you said he was, i was stating my opinion on why he started the thread. and my opinion is awesome.
plowsie
15-07-09, 08:52 AM
and my opinion is awesome.
Amen to that Brudda!
Lozzo, unlucky mate, hopefully it doesn't come through, I like Sid's idea...
How many times have I told you speeding is a bad idea, eh?
Jayneflakes
15-07-09, 09:33 AM
Naughty Lozzo, go and sit in the naughty corner on the naughty chair with your hands on your head. ;)
Bad news, but maybe you will be lucky. What ever our views on speeding, no one would wish you a nasty time Lozzo. Lets hope that you were lucky and next time will be a little more careful. :cool:
There have been some interesting points made here, technically speeding is breaking the law, but lets be honest we all do it or have done it. I am still on Learner plates and I have been picked up for speeding by Carol during lessons. If the Law of the land states that there is a speed limit, why do we feel that we know best? :smt026
Anyway Good luck Lozzo, you numpty XXX :kiss:
Dave20046
15-07-09, 09:38 AM
hopefully if you couldn't see it it couldn't see you.
fingers crossled
There have been some interesting points made here, technically speeding is breaking the law, but lets be honest we all do it or have done it.
Speak for yourself. I have never and will never break the speed limit.
Biker Biggles
15-07-09, 10:10 AM
Speak for yourself. I have never and will never break the speed limit.
Call me sceptical but I find that very hard to believe.:confused:
Anyway,wheres the "you done the crime do the time take it on the chin brigade when we need them?":rolleyes:
Oh and another good luck to Lozzo.:smt025
GeneticBubble
15-07-09, 10:12 AM
Sorry to hear that, but i think it all comes down to the car you were driving... maybe if its a cool car the speed camera guy will think woahhhh thats one cool ride! and let you off, if your driving round in skip you best cross your fingers boy :D
im pretty sure thats how the law works anyway :rolleyes:
Call me sceptical but I find that very hard to believe.:confused:
The limit on a motorway is, like, somewhat higher than 180mph, right?
Bluewolf
15-07-09, 10:20 AM
.
Biker Biggles
15-07-09, 10:30 AM
Speak for yourself. I have never and will never break the sound barrier.
Was that what you meant?#-o
the_lone_wolf
15-07-09, 10:39 AM
I think Lozzo was right when he started the thread. If I was tagged around 90mph, I'll probably get a fixed penalty (3 points and a fine), but at 110mph they might try going through the courts and that really sucks.
100mph+ is almost certainly a court appearance, off the top of my head the guidelines for sentencing around that speed are 6 points or a 56 day ban, plus a fine of about two weeks gross wages
If you get the papers through then plead guilty as early as possible and turn up looking smart, act (or better, be) apologetic and highlight how losing your license will adversely affect other people - they couldn't care less if you have to cycle to work, but if losing your job would mean you can't care for your elderly mother you might get the points instead...
Hopefully you'll not hear anything, but it's better to know what might be coming...:cool:
Having been hit head on by a speeder who lost control i have mixed thoughts - assuming me head's working.
I do it on quiet roads, and most of the time on quiet motorways but never around town.
Speed cameras should be around towns, outside schools etc., not on open roads where the risk is minimal.
Fingers crossed, or seal up your letter box.
100mph+ is almost certainly a court appearance
Pah. I was nicked by a dibble in an unmarked beemer doing 110 down the M4 in my car last year.
3 points, 60 quid. Bargain.
The threshold is 96mph, btw.
plowsie
15-07-09, 10:50 AM
3 points, 60 quid. Bargain.
This for me, has me laughing out loud :lol:
Thank you very much Ogden :)
fizzwheel
15-07-09, 10:53 AM
The legal advice Liz got was to plead guilty by post with a mitigating letter as some judges feel its wasting the courts time if you turn up in person to go through the legal process in court as it were. But I dont know if you will get offered this option they might insist on you having your day in court.
Apparently some courts will batch up the postal plee's and deal with them all in one go and it means less time wasted in court and keeps cost down to.
I cant remember the name of the solicitor she used, but he was very good and spent an hour or so going through things with her and then got faxed statements of the reports from the Police Officers who dealt with her and then wrote the mitigating letter for her as well.
Lozzo - PM me if you want the name of the law firm we used and I'll try and find out for you who it was.
the_lone_wolf
15-07-09, 10:54 AM
Pah. I was nicked by a dibble in an unmarked beemer doing 110 down the M4 in my car last year.
3 points, 60 quid. Bargain.
The threshold is 96mph, btw.
Empty motorway? Nice and dry I'd wager
Copper sensibly used his discretion, now you're dealing with the SCP all senblence of logic and sense will go out the window to be replaced with "HUUURRRR, DUURRRRR, 69mph is safe, 71 is dangerous, HURRDURRRRR"
;)
diamond
15-07-09, 11:38 AM
Pah. I was nicked by a dibble in an unmarked beemer doing 110 down the M4 in my car last year.
3 points, 60 quid. Bargain.
The threshold is 96mph, btw.
I was only doing 93MPH (I thought it was more but thats what was on the summons so i didn't argue) and i ended up with 5 points and £200 fine.
Warthog
15-07-09, 12:39 PM
Speak for yourself. I have never and will never break the speed limit.
teeheeheeheeeheeeee
I hate sweeping statements. All of them...
well, i thought it was funny.
and deserving of recognition...!!:cool:
Bluepete
15-07-09, 04:19 PM
http://i276.photobucket.com/albums/kk24/conker51/postman20pat.jpg
Be afraid, be VERY afraid!
Thumbs up on the attitude though.
Pete :)
yorkie_chris
15-07-09, 04:32 PM
Good luck. Hopefully the scumbags didn't see you.
Oops!
We shoulkd all sit in the lotus position with thumb and forefinger together and hum 'Ommm' repeatedly for the next two weeks - hopefully the positive energy we produce will outdo the negativity of the NIP.
And hope that one day karma comes around and the scum who sit in the vans sh*t a hedgehog... with the spikes pointing downward...
Anyway,wheres the "you done the crime do the time take it on the chin brigade when we need them?":rolleyes:
Lost in the fog of their own self-righteousness.
skeetly
15-07-09, 04:43 PM
Speak for yourself. I have never and will never break the speed limit.
/hilaire belloc
Nor I. Mostly.
Well heres wishing for some sort of oversight, fault or ineptitude....
On a plus side I believe this sort of brave activity helps to keep that Olde English word 'fortnight' in the forefront of our everyday vocabulary......
ThEGr33k
15-07-09, 05:16 PM
I know its not what you want to hear but I try to stay under a tonne on roads where Police are likely to be on...
Fingures crossed you either didnt get clocked or your sat nav is out (can be the case, they arnt as perfect as some say...)
take care!
Bluefish
15-07-09, 05:40 PM
If the Law of the land states that there is a speed limit, why do we feel that we know best? :smt026
because the speed limits are set too low.
Bugger ](*,)
This is going to be a very long 2 week wait for an NIP.
Its will almost definately go through the court at that speed, do you still get 2 weeks to get an NIP, when I was in a car with a friend at a high speed he was pulled and was told he may not get anything in the post for upto 6 months due to it going through the courts.
the_lone_wolf
15-07-09, 05:48 PM
Bugger ](*,)
Its will almost definately go through the court at that speed, do you still get 2 weeks to get an NIP, when I was in a car with a friend at a high speed he was pulled and was told he may not get anything in the post for upto 6 months due to it going through the courts.
Your friend would have been notified of the intent to prosecute by the side of the road, hence no need for a written one within 2 weeks
Not sure how it works with 100mph+, I'd imagine they send you a letter simply saying they're going to prosecute but without the bribe, sorry, offer of taking 3pts and a £60 fine instead...
-Ralph-
15-07-09, 05:56 PM
If the Law of the land states that there is a speed limit, why do we feel that we know best?
'Cos the majority of us feel that we possess some common sense, and the policy makers who set the speed limits, on occasion, do not.
I got recently got caught doing 60mph here
http://www.lbsafetycameras.co.uk/images/uploads/cache/A90_Cramond_A_280x210.jpg
Yep, that's a dual carriageway with fields on either side, which just happens to get a bit busy for an hour or so each morning with traffic going into Edinburgh, at which point you can't do more than 20 anyway. The limit has been changed from 70mph.
Look at these stats
http://www.lbsafetycameras.co.uk/index.php/cameras/camera_detail/a90_southbound_from_burnshot_flyover_to_cammo_road/
Sorry, but if 85% of drivers (so that includes your granny) are speeding before the start of enforcement, and it's still 76% after the regular use of a scamera van, then the speed limit is not appropriate for the conditions. People don't feel the need to slow down to that extend on a rural dual carriageway.
Another camera site in Edinburgh in a built up 30mph limit, only has 8% of drivers speeding, 'cos the other 92% feel the limit is quite appropriate so are not speeding.
On top of that it went to court below the 66mph ACPO guideline for such action. The judge gave me a bargain too and in the only politically correct words he could use in court expressed his disdain for the ridiculous limit, it's enforcement and the number of cases he sees from it, and the fact that I was in court below the ACPO guideline.
Sorry, but the law is not always right, policy is written by humans who can make bad decisions.
Milky Bar Kid
15-07-09, 05:58 PM
Bummer Lozzo!
Yeah, I know up here if the SCP catch you at that kind of speed its a court job, would imagine with RTA 1988 being the same for both then it will be the same down there.
I also have a friend who was caught about the same speed by the van and instead of just a speeding charge he was charged with a S2 Dangerous Driving, due to the fact there were other vehicle around. Harsh in my opinion but like it has been said before, the Safety Camera Partnership don't do common sense.
Bummer Lozzo!
Yeah, I know up here if the SCP catch you at that kind of speed its a court job, would imagine with RTA 1988 being the same for both then it will be the same down there.
I also have a friend who was caught about the same speed by the van and instead of just a speeding charge he was charged with a S2 Dangerous Driving, due to the fact there were other vehicle around. Harsh in my opinion but like it has been said before, the Safety Camera Partnership don't do common sense.
Er, I'd be amazed if the safety camera partnership was responsible for selecting the offence with which the offender is charged. That's kinda what the CPS is for.
Milky Bar Kid
15-07-09, 06:15 PM
Be amazed then. That's how it works up here, seeing as we don't have CPS.
Be amazed then. That's how it works up here, seeing as we don't have CPS.
Oh, I didn't realise you were jockanese.
Can you put the location bit under your avatar in bold or something?
Milky Bar Kid
15-07-09, 06:24 PM
Oh, I didn't realise you were SCOTTISH (I think you mean)
Can you put the location bit under your avatar in bold or something? No. Location is perfectly clear.
Amended.
You say potato....
Actually, you probably say tatty, but you know what I mean. ;)
I hope you don't get zapped, but respect to you for the attitude :)
My view is this; I've been riding and driving for over 30 years. I ride and drive like a complete tw4t a lot of the time, regularly exceeding speed limits and doing things that nowadays could get you banged up for a stretch. I've been lucky, never been banned - only been caught for speeding a few times at minor amounts over the limit, and one case of jumping a red light.
If I get banned it'll be a long time overdue, but it still rankles that a bloody camera got me, not a copper realising that what I was doing was perfectly safe given the circumstances and the road/traffic conditions and deling with it as he saw fit. If he'd said "prosecute" I'd take it on the chin, but you can't discuss the circumstances with some jumped up plastic copper or civvie in a van with a speed gun and a camera.
I hate cameras, not just speed cameras but every single CCTV camera the government has installed to keep tabs on the populace it no longer trusts. Maybe we the people should have permanent cameras on the politicians who've done nothing to gain our trust and respect with the way they conduct their professional and personal lives.
I'm enjoying a similar wait after failing to spot a van on the bridge over the M40 because I was paying attention to the traffic.
There were a bunch of us doing 90-ish westbound and the van was parked above lane 2 eastbound. So I'm hoping they weren't being devious and using it on westbound traffic, but I won't know for a couple of weeks.
All we can do is wait and hope,
Keith.
Good luck
Live by the sword, die by the sword.
One might say for a devil’s advocate point of view that posting on a public forum such things with an avatar that might be your photo, perhaps isn’t a bright thing to do. That is if you wish to say fight this matter in court or the like?
I won't deny the charge - I was speeding and will openly and honestly admit to it.
I don't see how anything I say here will make any difference to a magistrate's decision to fine or penalise my licence. If they do take something I've posted here into consideration then I think I'd have fair grounds for appeal.
For the record, I was on my way to Bedford Hospital to see my elderly mum, who'd collapsed at home and was rushed there by ambulance to be attended to. I was in a bit of a rush as she's been very ill recently and has already had a triple bypass operation and numerous other procedures
-Ralph-
15-07-09, 08:16 PM
You say potato....
Actually, you probably say tatty, but you know what I mean. ;)
TATTIE! Learn to spell man! :p
kellyjo
15-07-09, 09:05 PM
Lozzo, hope your mum's doing ok x
phil24_7
15-07-09, 09:14 PM
Many police forces are favouring the RiDE courses at the moment so you may even get that if you were unlucky enough to get caught.
I did one yesterday for 97.42 in a 70 and someone on the course with me got caught at 107.
It's not all doom and gloom!!
Many police forces are favouring the RiDE courses at the moment so you may even get that if you were unlucky enough to get caught.
I did one yesterday for 97.42 in a 70 and someone on the course with me got caught at 107.
It's not all doom and gloom!!
I'm not sure if Thames Valley are, and besides, I was in the car not on my bike. If I'd been on my bike I'd have been going faster along there.
Lozzo, hope your mum's doing ok x
She's ok now she's been stabilised, thanks.
amarko5
15-07-09, 10:08 PM
I am not a hundred percent sure but isn't it just the police that have to send the nip in 2 weeks ??
i thought safety camera partnerships (oxymoron) had up to three or six months to send out the nips ?
someone in the know may enlighten us better
As far as I'm aware it's 2 weeks for any NIP, regardless of who is issuing it. I've fought this in court before - they only have to say they sent it within the 14 days, you don't even have to have received it for the document to be deemed as being served and they don't even need proof of posting. It is up to you to prove they didn't send it within the 14 days, which as everyone knows, is absolutely impossible because you are denied access to the ticket office and all their sensitive documents.
Talk about getting screwed right over by this bunch of money grabbing sharks they call a government. That is not justice the way the Britrish traditionally do justice
As far as I'm aware it's 2 weeks for any NIP, regardless of who is issuing it.
Two weeks for a NIP, six months for a summons.
I thought camera offences were subject to NIPs only, and summonses could only be issued if an officer stopped and cautioned you at the time of the offence.
the_lone_wolf
15-07-09, 11:10 PM
I thought camera offences were subject to NIPs only, and summonses could only be issued if an officer stopped and cautioned you at the time of the offence.
As I understand it the letter you get within 14days of the "offence" is simply a notice that they intend to prosecute you , ie: take you to court, hence NIP...
If your "crime" isn't too heinous they will give you the option of pleading guilty and accepting 3pts + £60 fine all in one go
But in your case, if they send the NIP out I suspect that option will be missing and you'll get your NIP through the post instead of verbally from a real copper
I thought camera offences were subject to NIPs only, and summonses could only be issued if an officer stopped and cautioned you at the time of the offence.
The NIP tells you they intend to prosecute. The summons, if you're unlucky, tells you how.
Sid Squid
16-07-09, 09:09 AM
And hope that one day karma comes around and the scum who sit in the vans sh*t a hedgehog... with the spikes pointing downward...
Harsh - but fair.
/hilaire belloc
Nor I. Mostly.:D
Biker Biggles
16-07-09, 09:38 AM
Id get documentary evidence or your rellie going to hossie,including the ambulance journey.This could well be the mitigation you need for your "one off aberration" and wont be the normal excuse the courts hear every day.You will need proper evidence though.
Dave20046
16-07-09, 11:09 AM
good thinking
-Ralph-
16-07-09, 12:48 PM
Just note that the 14 day rule does not apply to all mototing offences, so if they intended to prosecute you for something other than speeding (ie dangerous driving) you'll need to check it out. I can't give a list of which offences apply, but I know Driving without due care NIP does not have to be served within14 days.
Just note that the 14 day rule does not apply to all mototing offences, so if they intended to prosecute you for something other than speeding (ie dangerous driving) you'll need to check it out. I can't give a list of which offences apply, but I know Driving without due care NIP does not have to be served within14 days.
Nonsense.
http://www.lawontheweb.co.uk/crimertonip.htm
The following offences require (under Section 1 of the Road Traffic Offenders Act 1988 - you'll find the whole Act here (http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880053_en_2.htm)) that you be given notice of the fact that you may be prosecuted:-
a) Dangerous Driving
b) Careless & Inconsiderate driving
...
What form must the notice take?
It can be :-
a) given verbally at the time of the offence, or
b) by a summons being served on the offender within 14 days of commission of the offence, or
c) a notice of intended prosecution, specifying the nature of the offence and the time and place where it is alleged to have been committed, must be served on the offender, or the registered keeper of the vehicle at the time of the offence, within 14 days of the offence.
http://www.motordefenceteam.co.uk/knowledge-Guides/n-i-p.htm
The most common instance where Notice is served is an NIP for speeding. However, the following offences require you to be given notice of intended prosecution:
Dangerous or careless driving/cycling
Speeding
There is an NIP time limit that applies of 14 days from the offence. However, how this is calculated will depend on how the notice is given. It can be:
given verbally at the time of the offence (i.e. you are stopped by the police and they inform you they are considering prosecuting), or
by a formal notice of intended prosecution within 14 days of the offence at the last known address, served on the offender or the registered keeper of the vehicle, or
by a summons being served on the offender within 14 days of commission of the offence.
Notice of intended prosecution is not required where
a full or provisional fixed penalty notice has been given or fixed; or
if you were knowingly involved in an accident at the time
So they have 14 days to send an NIP and that's it, no waiting 6 months.
Cool, I can live with that.
Ian1971
16-07-09, 04:47 PM
Just note that the 14 day rule does not apply to all mototing offences, so if they intended to prosecute you for something other than speeding (ie dangerous driving) you'll need to check it out. I can't give a list of which offences apply, but I know Driving without due care NIP does not have to be served within14 days.
I got done for due care in 2003, the 14 day rule dose not apply, 6 months was the wait, and yes 6 months and 2 days latter the notice came. So if they go down that route its a long wait sorry
I got done for due care in 2003 the 14 day rule dose not apply 6 months was the wait and yes 6 months and 2 days latter the notice came so if they go down that route its a long wait sorry
If you used some punctuation in your posts I might be able to understand them
If you used some punctuation in your posts I might be able to understand them
and I bet he was given a NIP at the roadside by the Police that stopped him (whether verbal or written)
Ian1971
16-07-09, 05:37 PM
If you used some punctuation in your posts I might be able to understand them
edited, all i was trying to say was that if they go for due care or careless driving then they have longer to do you as Ralph has said, thats all.
As for getting a nip by the officer that stopped me, that didnt happen as i didnt get stopped by a cop, it was a crash and by the time the police got there i was in the Air Ambulance on the way to North staffs. An officer came to see me at home after i was released a few days latter and said, that they may take it further and that they had 6 months to inform me.
the_lone_wolf
16-07-09, 05:47 PM
An officer came to see me at home after i was released a few days latter and said, that they may take it further and that they had 6 months to inform me.
That was your NIP, he'd have said something like "You will be reported for consideration of the question of prosecuting you for this offence."
edited, all i was trying to say was that if they go for due care or careless driving then they have longer to do you as Ralph has said, thats all.
As for getting a nip by the officer that stopped me, that didnt happen as i didnt get stopped by a cop, it was a crash and by the time the police got there i was in the Air Ambulance on the way to North staffs. An officer came to see me at home after i was released a few days latter and said, that they may take it further and that they had 6 months to inform me.
Go back and read my post from earlier today. You were knowingly involved in an accident and as that constitutes an exception a NIP was not required.
Milky Bar Kid
16-07-09, 07:01 PM
Regardless of the offence, if a NIP is required then it must be served within the 14 days if the driver was not given the Section 1 warning or informed a report was being submitted for the consideration of a prosecution.
maviczap
16-07-09, 07:46 PM
I won't deny the charge - I was speeding and will openly and honestly admit to it.
I don't see how anything I say here will make any difference to a magistrate's decision to fine or penalise my licence. If they do take something I've posted here into consideration then I think I'd have fair grounds for appeal.
For the record, I was on my way to Bedford Hospital to see my elderly mum, who'd collapsed at home and was rushed there by ambulance to be attended to. I was in a bit of a rush as she's been very ill recently and has already had a triple bypass operation and numerous other procedures
H'mm I would use the reason you were speeding as a mitigating circumstance in your letter to the Magistrates, but maybe better to appear in person at court, as Magistrates would probably believe you face to face, rather than believe a piece of paper.
A colleague at work was clocked by an unmarked car doing about the same you were doing. My colleague had no mitigating circumstances if I remember rightly, in fact the coppers could have done him for not wearing a seat belt, duff brake light, and worn tyres I think.
They took him to court and he pleaded guilty, but stood up in the box and laid it on thick, aplogising for his speeding and how sorry he was, etc etc.
2 week ban and £500 fine I think he got, but no points.
You won't get off, but you could do some damage limitation with your reasons for going so fast.
I got clock by a van last year and was offered a drive safe course, rather than points. I took the course. There was a magistrate on the course as he'd been done by a camera too! There is some justice :p
Regardless of the offence, if a NIP is required then it must be served within the 14 days if the driver was not given the Section 1 warning or informed a report was being submitted for the consideration of a prosecution.
For the benefit of those who don't know, 'Served' means sent in the post. It doesn't matter if you never receive it, as long as the issuing office says they put it in the post. Unfortunately this is one case where you are guilty until proven innocent, in as much as it's your perogative to prove the issuing office didn't send it in the post in the required time.
As you've no doubt sussed, proving they didn't send it is absolutely impossible, as I found out to my cost about 7 years ago when I fought Suffolk Police's ticket office on this. I ended up with twice the fine an still got 3 points... and some people still maintain we have a fair justice system in this country, do we hell as like.
Bluepete
16-07-09, 08:21 PM
If you end up in court, it will all depend on the Magistrates and how they feel that day. Each court has different approaches to traffic matters. Trafford court is harsh, Salford is very lenient.
There is NO way of knowing the outcome of your suspicions until the day you stand in front of the beak and they give a verdict.
Sorry, but it's the truth.
Pete.
Plumbers know everything!
For the benefit of those who don't know, 'Served' means sent in the post. It doesn't matter if you never receive it, as long as the issuing office says they put it in the post. Unfortunately this is one case where you are guilty until proven innocent, in as much as it's your perogative to prove the issuing office didn't send it in the post in the required time.
As you've no doubt sussed, proving they didn't send it is absolutely impossible, as I found out to my cost about 7 years ago when I fought Suffolk Police's ticket office on this. I ended up with twice the fine an still got 3 points... and some people still maintain we have a fair justice system in this country, do we hell as like.
However, from our local rag today:-
THOUSANDS of Hampshire motorists may have their speed camera convictions quashed following a landmark court hearing.
Two Hampshire motorists have had their convictions overturned after it emerged the allegations against them were based on false documents.
Proceedings against Barrington Wells and Michael Halliwell collapsed because of a paperwork blunder.
Speed camera opponents say the hearing could lead to thousands more motorists following their lead fearing they too were the subject of unsafe convictions.
Southampton Crown Court heard how speed camera bosses signed and wrongly backdated a vital certificate proving when Mr Halliwell had been sent a notice of prosecution.
It was dated October 27, 2004 but it was revealed in court that it had actually been signed in February 2005.
It was sent to magistrates as part of evidence against the 66- year-old, but yesterday cases against both men were dropped after prosecution lawyers admitted the document, sent from Winchester (http://www.dailyecho.co.uk/news/district/winchester/) central ticket office, was false
Full details here clicky (http://www.dailyecho.co.uk/news/4495072.Thousands_may_have_speed_convictions_overt urned/)
-Ralph-
16-07-09, 09:49 PM
Nonsense.
As advised to me two weeks ago my a specialist motoring solicitor of 25 years experience. Him, you or some page on the web, I know who I'm going to believe.
I got done for due care in 2003, the 14 day rule dose not apply, 6 months was the wait, and yes 6 months and 2 days latter the notice came. So if they go down that route its a long wait sorry
Somebody else with first hand experience, makes a nice change.
So much **** gets posted on forums, I'm afraid asking for legal advice on a forum is as good as asking the drunk down the pub. Your getting an answer from somebody who just did a google search.
Somebody else with first hand experience, makes a nice change.
And he later admitted that he received a NIP within 14 days and that he was involved in an accident ](*,)
If Lozzo hears anything (seeing as he wasn't stopped at the time and wasn't involved in an accident) it is going to be a request to the registered owner of the vehicle to identify the driver at the time of the alledged offence.
This must be served within 14 days. How could anyone think that it could possibly served within any time frame longer than that, like 6 months? There's is no possible way you could remember who was driving your car 6 months ago and to construct a defence against something that happened 6 months ago ](*,)
What if it was a hire car? or a company car? or a car that had been sold umpteen times in the past 6 months? ](*,)
Lozzo, hope you don't hear anything in the next fortnight.
What if it was a hire car? or a company car? or a car that had been sold umpteen times in the past 6 months? ](*,)
Lozzo, hope you don't hear anything in the next fortnight.
Thanks Stu.
This incident did happen in a company car, so it may be a few days over the 14 that I get to hear about it..
Bluepete
17-07-09, 07:19 AM
This incident did happen in a company car, so it may be a few days over the 14 that I get to hear about it..
In that case, the NIP will go to the registered keeper, who will fill it in with your details and return it. The issuing authority will the send you an NIP.
Pete
maviczap
18-07-09, 07:38 PM
He's a story from my local paper about Fatima Whitbread getting nicked for speeding.
She used the stressed out line, so maybe worth using it in your case. She still got banned, but fine wasn't too much, although she got 6 points :smt079
Perhaps after your weekend on the Trappist beer you'll have thought of a cunning plan.
That's if you get a NIP in the first place
http://www.eveningstar.co.uk/content/eveningstar/news/story.aspx?brand=ESTOnline&category=News&tBrand=ESTOnline&tCategory=xDefault&itemid=IPED17%20Jul%202009%2017%3A23%3A17%3A173
As advised to me two weeks ago my a specialist motoring solicitor of 25 years experience. Him, you or some page on the web, I know who I'm going to believe.
Fine, don't believe me or two indpendent legal web sites. Lets try the horse's mouth, the Road Traffic Act 1988.
http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880053_en_2.htm
http://www.opsi.gov.uk/acts/acts1988/ukpga_19880053_en_9
Section 1 says a NIP must be issued at the time or within 14 days for offences listed in Schedule 1.
Section 2 says "does not apply in relation to an offence if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which the offence was committed."
In the case you're saying I'm wrong about, the section 2 exemption clearly applies.
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