60mph in Temporary 40mph, First Offence - Please Help |
60mph in Temporary 40mph, First Offence - Please Help |
Fri, 16 Aug 2019 - 18:28
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#1
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New Member Group: Members Posts: 8 Joined: 16 Aug 2019 Member No.: 105,277 |
Hello Everyone,
I have received a NIP for doing 60mph in a temporary 40mph zone. Basically they are doing roadworks further along the road and the reduced speed limit is in force before the actual roadworks. I’m so stupid! Looking at various info online it suggests that this offence falls under Band B which looks like I will need to go to court? Will I actually have to attend? I’m really scared! I’ve never been caught speeding before, I’m 40 now and have been driving since I was 17. I live alone so I’m quite scared about the possibility of a ban although luckily I work from home. Is there any small chance I could get 3 points and a fixed fine? Any advice or likely outcome would be really helpful but I will worry until I know anyway! Thanks for reading. |
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Fri, 16 Aug 2019 - 18:28
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Fri, 16 Aug 2019 - 18:53
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
That will be a fixed penalty offer of 3 points £100.
There's no reason for it to go to court... -------------------- 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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Fri, 16 Aug 2019 - 19:00
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#3
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
That will be a fixed penalty offer of 3 points £100. For a Band B offence? -------------------- Regards,
Fredd __________________________________________________________________________
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Fri, 16 Aug 2019 - 19:08
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#4
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
That will be a fixed penalty offer of 3 points £100. For a Band B offence? Yup. Fixed penalties usually offered up to 65mph in a 40. -------------------- 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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Fri, 16 Aug 2019 - 19:21
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#5
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New Member Group: Members Posts: 8 Joined: 16 Aug 2019 Member No.: 105,277 |
That will be a fixed penalty offer of 3 points £100. For a Band B offence? Yup. Fixed penalties usually offered up to 65mph in a 40. Ok thank you very much! That would be quite generous if that was the outcome! So can I expect to get a fixed penalty notice through the post to pay after I have returned the NIP? Really curious as to why online it seems to say I could get up to £1,000 fine, 6 points or a ban! |
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Fri, 16 Aug 2019 - 19:25
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#6
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Yes, return the driver nomination - there's no reason why you shouldn't get a fixed penalty offer.
Fredd is having a moment. Really curious as to why online it seems to say I could get up to £1,000 fine, 6 points or a ban! You weren't going fast enough -------------------- 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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Fri, 16 Aug 2019 - 20:29
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#7
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The sentence indicated is the maximum for the offence, the banding is for court sentencing, the police have discretion when to offer a fixed penalty and stick closely to the guidelines.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 16 Aug 2019 - 21:58
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#8
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New Member Group: Members Posts: 8 Joined: 16 Aug 2019 Member No.: 105,277 |
The sentence indicated is the maximum for the offence, the banding is for court sentencing, the police have discretion when to offer a fixed penalty and stick closely to the guidelines. I see, so it’s by no means guaranteed that I won’t get a more severe fine / points / ban? I am really worried tbh! It’s certainly taught me a lesson! |
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Fri, 16 Aug 2019 - 22:02
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#9
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
Only if you fail to accept the certain fixed penalty offer and it proceeds to court, otherwise see post #2.
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Fri, 16 Aug 2019 - 22:40
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#10
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New Member Group: Members Posts: 8 Joined: 16 Aug 2019 Member No.: 105,277 |
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Fri, 16 Aug 2019 - 22:44
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#11
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
You are sure to be offered a fixed penalty of £100 + 3 points. Be sure to read the offer carefully and follow the instruction to send in your licence if that is what you are told to do.
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Thu, 22 Aug 2019 - 10:33
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#12
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New Member Group: Members Posts: 8 Joined: 16 Aug 2019 Member No.: 105,277 |
Had this back today....
Thank you for the attached NIP response. I can confirm that the hard copy is not required and that your responsibilities under s172 of the Road Traffic Act 1988 are now fulfilled for this Notice. You will receive a Conditional Offer of Fixed Penalty within the next few days |
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Thu, 22 Aug 2019 - 13:05
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#13
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
Good, as we said. There is only one rate so it will be £100 + 3 points. Follow their instructions carefully when the COFP arrives. You will need to tell your insurance company, probably at your next renewal but look up what your policy says about points.
Interesting that they are accepting an email reply to a s.172 request. -------------------- |
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Thu, 22 Aug 2019 - 15:11
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#14
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Just to reiterate, you must submit your driving licence for endorsement, just paying the penalty is not sufficient. If you forget to submit your licence, the matter will proceed to court.
-------------------- 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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Thu, 22 Aug 2019 - 18:57
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#15
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New Member Group: Members Posts: 8 Joined: 16 Aug 2019 Member No.: 105,277 |
Good, as we said. There is only one rate so it will be £100 + 3 points. Follow their instructions carefully when the COFP arrives. You will need to tell your insurance company, probably at your next renewal but look up what your policy says about points. Interesting that they are accepting an email reply to a s.172 request. I’ve had it sitting at home for a few days and then noticed it said I could fax (LOL) or email it - they replied immediately! I thought I might be pushing my luck if I said any chance you could offer me a speed awareness Thanks for all the advice you’ve all been great. |
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Wed, 28 Aug 2019 - 14:54
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#16
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Member Group: Members Posts: 46 Joined: 8 Sep 2015 Member No.: 79,277 |
When i see temporary road speed signs often they can be difficult to see as they are not positioned correctly.
Often when road works are ongoing signs can be conflicting. If i had received a speeding ticket in a temporary speed reduction zone i would definitely want to clarify where the speed signs were located on that specific day as often the road works people move the signs daily as they work. Sometimes don't exist as they blow over or Bob the builder has reversed into one and it has spun round etc.. |
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Thu, 29 Aug 2019 - 01:45
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#17
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
i would definitely want to clarify where the speed signs were located on that specific day as often the road works people move the signs daily as they work. Sometimes don't exist as they blow over or Bob the builder has reversed into one and it has spun round etc.. Hot tub time machine? The contractor will have a check sheet that will indicate that the signage was checked every hour, you would have to discredit that, having seen a few I can say it’s certainly possible but far from certain. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Thu, 29 Aug 2019 - 04:11
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#18
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New Member Group: Members Posts: 8 Joined: 16 Aug 2019 Member No.: 105,277 |
When i see temporary road speed signs often they can be difficult to see as they are not positioned correctly. Often when road works are ongoing signs can be conflicting. If i had received a speeding ticket in a temporary speed reduction zone i would definitely want to clarify where the speed signs were located on that specific day as often the road works people move the signs daily as they work. Sometimes don't exist as they blow over or Bob the builder has reversed into one and it has spun round etc.. Oh trust me the signs could not have been more clear and obvious. To start with it reduces the speed from 70mph to 50mph on the entire road then a mile before the roadworks it drops to 40mph, speed camera signs everywhere plus I use the road regularly. I was completely in the wrong. |
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Thu, 29 Aug 2019 - 11:29
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#19
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Member Group: Members Posts: 46 Joined: 8 Sep 2015 Member No.: 79,277 |
When i see temporary road speed signs often they can be difficult to see as they are not positioned correctly. Often when road works are ongoing signs can be conflicting. If i had received a speeding ticket in a temporary speed reduction zone i would definitely want to clarify where the speed signs were located on that specific day as often the road works people move the signs daily as they work. Sometimes don't exist as they blow over or Bob the builder has reversed into one and it has spun round etc.. Oh trust me the signs could not have been more clear and obvious. To start with it reduces the speed from 70mph to 50mph on the entire road then a mile before the roadworks it drops to 40mph, speed camera signs everywhere plus I use the road regularly. I was completely in the wrong. That's what i though originally on my last 5 motoring convictions.......... but they were all overturned as i discredited them prior to having to go to court. Some of mine have been wrong vehicle on the footage, wrong location of alleged offence, wrong date and signs not meeting legal requirements. All i am saying is be very very careful as many mistakes can be and are often made by Highways England and the police when informing you of your 'mistake'. |
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Mon, 2 Sep 2019 - 07:27
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#20
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New Member Group: Members Posts: 8 Joined: 16 Aug 2019 Member No.: 105,277 |
The pics were undeniably me and as I say the signs were very visible. I knew I’d been caught before I got the NIP.
Anyway, that’s guys for all the advice. Whilst I haven’t got my licence back just yet the website is very good and appears to show I’ve done everything I needed to do! |
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