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68mph in a 40mph zone
Guy_On_The_Road
post Thu, 8 Apr 2021 - 21:22
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Just looking for a bit of advice & or a prediction of what my likely punishment will be.

I was caught doing 68mph in a 40mph zone in mid March. It was on a dual c’way, relatively rural area, very close to home. There was a cop hiding on the central reservation with a tripod camera/gun at 6pm on a Saturday, sad ****

Any way no excuses, it was me, lapse of concentration. I didn’t even realise I was going that quick. It goes from 40mph into 60mph literally 10 yards behind where he got me.

Can I ask what you guys think will happen? I had an NIP Tuesday with photographic evidence & the camera/gun is calibrated.

I have 3 points on my license.

Do you think I will get a summons, if I do is it likely to be 6 points or a short ban? I believe the cut off for an FPN is 66mph. I was caught doing 68mph so I assume I will get 6 points?
If I receive a summons I am likely to plead guilty via post & not attend court.

Thanks
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post Thu, 8 Apr 2021 - 21:22
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Ahelpinggand
post Thu, 8 Apr 2021 - 21:31
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Is this Birmingham?

Wait for others but I'm fairly certain you'll be band C

4-6 points or short ban

Almost certainly 6 points
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Guy_On_The_Road
post Thu, 8 Apr 2021 - 21:36
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QUOTE (Ahelpinggand @ Thu, 8 Apr 2021 - 22:31) *
Is this Birmingham?

Wait for others but I'm fairly certain you'll be band C

4-6 points or short ban

Almost certainly 6 points


Staffordshire
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Jlc
post Thu, 8 Apr 2021 - 21:36
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Yes, Band C which is 6 points or a short ban.

Points still more likely. For a guilty plea a fine of 1 week's relevant earnings, costs of £85 and surcharge of 10% of the fine (min £34).


--------------------
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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Guy_On_The_Road
post Thu, 8 Apr 2021 - 21:39
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QUOTE (Jlc @ Thu, 8 Apr 2021 - 22:36) *
Yes, Band C which is 6 points or a short ban.

Points still more likely. For a guilty plea a fine of 1 week's relevant earnings, costs of £85 and surcharge of 10% of the fine (min £34).



I was assuming it’d be 6 points. I know the speed I was doing was inexcusable but it’s only just over the Band B threshold.
You would assume a ban would be considerably over the 66mph cut off?
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Jlc
post Thu, 8 Apr 2021 - 21:43
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A ban is still possible but the likely outcome would still be 6 points. You‘ll get a postal plea first and they'll only adjourn if they want to consider a ban.


--------------------
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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Guy_On_The_Road
post Thu, 8 Apr 2021 - 21:47
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QUOTE (Jlc @ Thu, 8 Apr 2021 - 22:43) *
A ban is still possible but the likely outcome would still be 6 points. You‘ll get a postal plea first and they'll only adjourn if they want to consider a ban.


Would you advise avoiding going to court?
I don’t fancy being grilled by a judge, asking what I was doing out during lockdown etc. I think the best thing to do is plead guilty via post. I see no advantage in attending court.
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Jlc
post Thu, 8 Apr 2021 - 22:15
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Yes, if you plead guilty via SJPN and if they decide points then you won’t have to go to court. (Unless they want to consider the ban)


--------------------
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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The Rookie
post Fri, 9 Apr 2021 - 06:07
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Even if it goes to court no-one will be asking why you were out and about.

I also wouldn't be saying you didn't realise you were speeding because for 68 in a 40 that says you are either a liar or a pretty incompetent driver, neither of which is something you want them to be thinking!


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NewJudge
post Fri, 9 Apr 2021 - 07:43
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QUOTE (Guy_On_The_Road @ Thu, 8 Apr 2021 - 22:39) *
I was assuming it’d be 6 points. I know the speed I was doing was inexcusable but it’s only just over the Band B threshold.
You would assume a ban would be considerably over the 66mph cut off?

The band of seriousness that suggests a Band B fine covers speeds up to 66mph, which is 65% above the limit - so fairly generous. Six points will almost certainly be the outcome and that can be dealt with under the Single Justice Procedure, which means you will not have to attend court. You will also pay a fine of a week's net income, a victim surcharge of 10% of the fine (Min £34) and £85 costs.
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cp8759
post Fri, 9 Apr 2021 - 12:01
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QUOTE (The Rookie @ Fri, 9 Apr 2021 - 07:07) *
Even if it goes to court no-one will be asking why you were out and about.

And even if they did, you can't be dealt with for an offence you've not been charged with (and by then the six-month prosecution deadline for the laying of new charges will be long gone).


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Guy_On_The_Road
post Fri, 9 Apr 2021 - 17:12
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Appreciate the comments guys
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Guy_On_The_Road
post Fri, 9 Apr 2021 - 20:24
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Guys one last thing.

The NIP had an incorrect home address for me.

I live at XXXXX Cottage & the NIP was addressed to XXXXX Farm which is nextdoor. All the other details were correct.
I admitted it was me & sent it back, is there a small chance it won’t be valid as they messed up my address?
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NewJudge
post Fri, 9 Apr 2021 - 21:19
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QUOTE (Guy_On_The_Road @ Fri, 9 Apr 2021 - 21:24) *
... is there a small chance it won’t be valid as they messed up my address?

No.

You received it and responded to it.

This post has been edited by NewJudge: Fri, 9 Apr 2021 - 21:20
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BaggieBoy
post Sat, 10 Apr 2021 - 00:06
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QUOTE (Guy_On_The_Road @ Fri, 9 Apr 2021 - 21:24) *
I admitted it was me & sent it back, is there a small chance it won’t be valid as they messed up my address?

Presumably the "messed up" address is the same on the V5C document?
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Guy_On_The_Road
post Sat, 4 Sep 2021 - 09:20
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This offence was on 13th March.

I still haven’t had the court papers (it’s nearly 6 months). Is this normal?

Edit - Just to add, I cooperated very quickly & sent off the NIP papers the first day I received them. Had a response saying I was going too fast for a standard fine & points & the matter would be dealt with by the courts. They have like 9 days to commence proceedings if I’m correct?

This post has been edited by Guy_On_The_Road: Sat, 4 Sep 2021 - 09:33
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andy_foster
post Sat, 4 Sep 2021 - 09:38
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Yes this is normal.

They have 6 months from the date of offence to instigate proceedings (issue a Written Charge and Single Justice Procedure Notice). This is usually done in the last few days of the 6 months. It then sits in a pile for a couple of weeks while they collate the initial evidence bundle to send with the SJPN.


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The Slithy Tove
post Sat, 4 Sep 2021 - 09:38
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QUOTE (Guy_On_The_Road @ Sat, 4 Sep 2021 - 10:20) *
I still haven’t had the court papers (it’s nearly 6 months). Is this normal?

It would seem that they often take up most of the 6 months. It may even take a little over that time before you actually hear anything.
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cp8759
post Sat, 4 Sep 2021 - 09:41
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QUOTE (Guy_On_The_Road @ Sat, 4 Sep 2021 - 10:20) *
I still haven’t had the court papers (it’s nearly 6 months). Is this normal?

Yes it's normal, they have six months to start proceedings and it can take a couple of weeks after that to send you the paperwork, so you might not receive anything till late September.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Guy_On_The_Road
post Sat, 4 Sep 2021 - 09:44
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Damn it, was starting to get my hopes up that the longer it goes on, I might get lucky. Oh well, been driving with my speed limiter on for 6 months. Guess that’ll have to continue for a while now as the likely 6 points I get from this will put me on 9 until March 2022 mad.gif
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