Postal Requistion with request to Plead on line |
Postal Requistion with request to Plead on line |
Mon, 29 Feb 2016 - 17:04
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#1
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Member Group: Members Posts: 11 Joined: 29 Feb 2016 Member No.: 82,675 |
Hi New here and would like some advice / help please. I was caught (followed by unmarked car) doing 103mph on the M6 toll road last August. I have just received a postal requisition with an additional sheet requesting me to make a plea on line,
highlighting a 33% discount on my fine. Circumstances surrounding the time. My mother in law had a stroke 4 days earlier and was in Warrington Hospital, we live in Bournemouth. We had travelled up to Warrington on the Thursday, back to Bournemouth Friday, she took a turn for the worse Saturday so back to Warrington Saturday, spent Saturday night, Sunday and Sunday night at the Hospital, albeit I did sleep Sunday night at a local B&B, sadly she passed away Monday morning. My daughter had travelled up on the Sunday, so we had two cars in Warrington, my wife decided to travel with our daughter and I drove my car with my son. As you can imagine my head was elsewhere and whilst I was aware of the road, my speed concentration had lapsed. At the time I had a 3 point NIP pending which I now have, other than that no points less than 3 years old. I am a company director and responsible for 50% of the sales of the company, we have 13 employees who rely on my sales which involves considerable driving. I am aware that at this speed a ban is likely. Do I... 1. Plead guilty on Line along with well written mitigating circumstances? 2. Plead guilty by post along with well written mitigating circumstances? 3. Plead guilty by means of 1 or 2 above but attend court on the hearing date? The paperwork also states that the hearing will take place on the date enclosed 31/05/16 if they intend to disqualify me they will advise on a date I need to attend court. I have a holiday booked 20/05/16 - 27/05/16 for which I need my driving license am I able to carry out the options above but not send my license until I return from Holiday? Any help / advice would be appreciated. Many Thanks |
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Mon, 29 Feb 2016 - 17:04
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Wed, 30 Mar 2016 - 23:27
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#21
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
Provided you have not done a course in the last three years, there is no reason you should not be offered a course, that and the speed are the only criteria, other points on your licence are not relevant, but of course there is no right to receive a course. You need to think carefully about your driving habits and perhaps get a sat-nav that indicates the limit for the road you are on, although they are not infallible. That has been the saving of my ex, who is currently on 9 points.
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Thu, 31 Mar 2016 - 05:05
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#22
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Member Group: Members Posts: 11 Joined: 29 Feb 2016 Member No.: 82,675 |
if I lost my license for anymore than 14 days it would effect at least 5 or 6 employees. Out of interest, and since the court will undoubtedly want to know, how and why would you not being able to drive affect those employees? Sure, I am responsible for 60% of the business income, this comes as a direct result of my sales which involves visiting customers all over the UK and covering approx 30,000 miles a year. The business is currently very fragile and is a reactive sales and service business meaning our order book is only ever a few weeks in advance. Provided you have not done a course in the last three years, there is no reason you should not be offered a course, that and the speed are the only criteria, other points on your licence are not relevant, but of course there is no right to receive a course. You need to think carefully about your driving habits and perhaps get a sat-nav that indicates the limit for the road you are on, although they are not infallible. That has been the saving of my ex, who is currently on 9 points. Sure the ironic thing is I already have this built in and it's even worse as it has traffic sign recognition, with adaptive speed control which I use all the time now, well obviously not ALL the time otherwise I wouldn't be here! Yesterday I am on the M3 in the roadworks with average speed cameras and I am sat at 50mph cruise control on and quite happy until some idiot starts hurling abuse due to my speed holding him up!! I am damm sure he isn't going to take my points for me. |
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Thu, 31 Mar 2016 - 05:23
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#23
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Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
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Thu, 31 Mar 2016 - 07:22
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#24
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
I am on the M3 in the roadworks with average speed cameras and I am sat at 50mph cruise control on and quite happy until some idiot starts hurling abuse due to my speed holding him up! So? Daily occurrence these days. Just ignore. -------------------- |
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Thu, 31 Mar 2016 - 08:13
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#25
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Driving at the limit can actually be quite stressful indeed. There's always someone behind you that doesn't think the limit applies to them...
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Tue, 7 Jun 2016 - 17:08
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#26
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Member Group: Members Posts: 11 Joined: 29 Feb 2016 Member No.: 82,675 |
Hi Guys,
Thought I would come back here and update you all, as I read somewhere that not many do. First of all thanks everyone for the sound advice, for anyone new reading this take the advice of the guys on here. The outcome of the last NIP 37 in a 30 was an offering of a course which I happily took and attended prior to my court case on 31/05. The big one 103 on the M6, I decided to plea on line but was also going to attend until the reply web page came back instructing me not to attend court on that day. Few days later I get the letter confirming adjournment and requesting my attendance (today) now bare in mind I have done a lot of research including taking advice from a solicitor who wanted to charge me thousands to attend court. I decided against this and took the advice from you guys and went on my own. They were running late so were rushing each next case into court before the end of the previous one so got to witness a young lady with 4 offences inside a month! Anyway I gave my account of the events, the situation (rather than mitigation) leading up to the offence and my current situation and how losing my license would impact on my business and employees. Lots of whispering later ......... 6 points and including costs a fine of £603.00 So thanks again, I hope I am never back, but even push bikes are getting clocked these days!!! |
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Tue, 7 Jun 2016 - 17:21
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#27
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Member Group: Members Posts: 282 Joined: 25 Aug 2015 Member No.: 79,044 |
Good result, well done and thank you for updating us.
You can't get done for speeding on a pushbike (no speedo), only for "wanton and furious driving" of a carriage under the Offences Against the Person Act 1861. So if you're on a pushbike and you see a camera van make sure you have a placid expression on your face although remember they can catch your furious expression up to 1km away. By the time you see them they may well already have "pinged" you and be quaking in their van at your wanton and furious expression! |
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Tue, 7 Jun 2016 - 17:26
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#28
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
You can't get done for speeding on a pushbike (no speedo) Right answer, wrong reason. Lack of a speedometer is no defence. The reason is that speeding offences only apply to motor vehicles. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 7 Jun 2016 - 17:46
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#29
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Member Group: Members Posts: 11 Joined: 29 Feb 2016 Member No.: 82,675 |
You can't get done for speeding on a pushbike (no speedo) Right answer, wrong reason. Lack of a speedometer is no defence. The reason is that speeding offences only apply to motor vehicles. No problem , what have I started now? |
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Tue, 7 Jun 2016 - 20:40
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#30
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
You can't get done for speeding on a pushbike (no speedo) Right answer, wrong reason. Lack of a speedometer is no defence. The reason is that speeding offences only apply to motor vehicles. No problem , what have I started now? Nothing, so far as I'm aware. It's a relatively common misconception that bicycles are exempt from speed limits because they have no speedometer. This occasionally leads to people thinking they can "get away" with speeding because their car has a faulty speedometer. Neither premise is true. What is true is that bicycles are normally exempt from speed limits, for the reason I gave above. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 7 Jun 2016 - 21:11
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#31
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
You can't get done for speeding on a pushbike (no speedo) Right answer, wrong reason. Lack of a speedometer is no defence. The reason is that speeding offences only apply to motor vehicles. No problem , what have I started now? Nothing, so far as I'm aware. It's a relatively common misconception that bicycles are exempt from speed limits because they have no speedometer. This occasionally leads to people thinking they can "get away" with speeding because their car has a faulty speedometer. Neither premise is true. What is true is that bicycles are normally exempt from speed limits, for the reason I gave above. Indeed. An exception is the Royal Parks in London, where the speed limit does apply to cyclists. There have been a number of successful prosecutions recently for speeding in Richmond Park, e.g. 41 in a 20 limit. |
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Tue, 7 Jun 2016 - 21:20
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#32
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Indeed. An exception is the Royal Parks in London, where the speed limit does apply to cyclists. There have been a number of successful prosecutions recently for speeding in Richmond Park, e.g. 41 in a 20 limit. Just what I had in mind. The reason being, of course, that the parks are regulated by bye-laws made under legislation that allows for the regulation of all traffic, not just motor vehicles. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 7 Jun 2016 - 22:55
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#33
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Member Group: Members Posts: 282 Joined: 25 Aug 2015 Member No.: 79,044 |
I am suitably corrected (though pleased I won't be prosecuted for speeding unless I cycle quite a long way).
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