PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Caught doing 58 in a 30. Industrial estate road
burnleyboys
post Thu, 7 Mar 2019 - 23:25
Post #1


Member


Group: Members
Posts: 20
Joined: 7 Mar 2019
Member No.: 102,819



Hi all,

I am a 20 year old (21 in 3 weeks). Been driving since June 2016 and have just got a letter getting caught by a van at 58 in a 30. I got caught last year doing 35 twice in the same day in a 30 around this time last year so I have 3pts already (took the speed awareness for other fine) but nothing besides that. I’m wondering what I’m likely to get when I send back the form for this one? I would think 6pts and 150% of weekly wage from what I’ve read? I know I’ll have to get my act together and not speed from now on or I’ll be disqualified but just want to know what you think is the likely outcome if I am showing sincere remorse etc. Will also point out I have a lease car and I got caught on 30th jan this year. Got the letter through which is dated 26th feb, but would that have had to do a new letter once my lease company advised who was driving? I’m unsure on this if I qualify for 14 day NIP rule...

Thanks all, hope to hear back from you soon!
Go to the top of the page
 
+Quote Post
3 Pages V   1 2 3 >  
Start new topic
Replies (1 - 19)
Advertisement
post Thu, 7 Mar 2019 - 23:25
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Thu, 7 Mar 2019 - 23:35
Post #2


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



That excess can only be dealt with at court.

The 150% is correct but discounted by 33% for a guilty plea. Costs of £85 and surcharge of 10% of the fine (min £30).

However, 6 points is likely but they may request your presence to consider a short ban.

Only the 1st NIP has the 14 day requirement (to the registered keeper).

This post has been edited by Jlc: Thu, 7 Mar 2019 - 23:38


--------------------
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.
Go to the top of the page
 
+Quote Post
burnleyboys
post Thu, 7 Mar 2019 - 23:40
Post #3


Member


Group: Members
Posts: 20
Joined: 7 Mar 2019
Member No.: 102,819



QUOTE (Jlc @ Thu, 7 Mar 2019 - 23:35) *
That excess can only be dealt with at court.

The 150% is correct but discounted by 33% for a guilty plea. Costs of £85 and surcharge of 10% of the fine (min £30).

However, 6 points is likely but they may request your presence to consider a short ban.

Only the 1st NIP has the 14 day requirement (to the registered keeper).



Thanks for your reply so quick! Can’t lie, completely bricking it here but I will learn my lesson! So you’re saying the most likely outcome is 117% of weekly salary, 6 points and charges? Is it likely I will avoid the ban as I drive to work so really really hope I don’t get banned.
Go to the top of the page
 
+Quote Post
Logician
post Fri, 8 Mar 2019 - 01:40
Post #4


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



No, 100% of net income plus surcharge of 10% of that, minimum £30, plus £85 costs.

6 points is most likely, but you may be asked to attend for disqualification to be considered. 6 points is the most likely outcome of that further hearing as having you sitting on 9 points and facing a 6 months ban for any further speeding is more likely to get you to seriously re-consider your driving habits than a short ban. Either way your insurance premium is going to go through the roof, but do not think about not telling them because not to do so would invalidate your insurance.


--------------------



Go to the top of the page
 
+Quote Post
Jlc
post Fri, 8 Mar 2019 - 07:44
Post #5


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



The 100% is guidance (150% less one third for guilty plea) but could be a little more due to the excess.

A short ban will be considered - you can try and sway the bench to points instead. They will consider your circumstances but start considering how you will travel if banned for say 2-6 weeks.

This post has been edited by Jlc: Fri, 8 Mar 2019 - 07:55


--------------------
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.
Go to the top of the page
 
+Quote Post
burnleyboys
post Fri, 8 Mar 2019 - 08:17
Post #6


Member


Group: Members
Posts: 20
Joined: 7 Mar 2019
Member No.: 102,819



QUOTE (Jlc @ Fri, 8 Mar 2019 - 07:44) *
The 100% is guidance (150% less one third for guilty plea) but could be a little more due to the excess.

A short ban will be considered - you can try and sway the bench to points instead. They will consider your circumstances but start considering how you will travel if banned for say 2-6 weeks.



What would you recommend in terms of swaying the bench?. I’m looking to represent myself and I will come across very remorseful. Was planning on writing a letter of mitigation, explaining my actions, but not excusing them. I reallly really need to avoid a ban as my commute to work is 30 minutes by car early in the morning so is really hard to do via public transport. Given the fact I have 3pts already and will not have to go 22 months without a ticket to avoid a ban, I would hope the bench would see I am 100% dissuaded from speeding again?

Any advice would be very welcome, I’m obviously just nervous about them going and pursuing a ban as opposed to points.
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 8 Mar 2019 - 08:31
Post #7


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



One good line is how being on 9 points will be a constant reminder for the next 2 years......

I would advise using written mitigation in response to the SJPN, if the single justice accepts that its 6 points, if they feel a ban has to be considered the case will be transferred to a magistrates court who will look at it afresh giving you a second bite of the cherry.

How far in 30 minutes, my commute by car takes 30 minutes and 45 on a cycle......


--------------------
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
Go to the top of the page
 
+Quote Post
burnleyboys
post Fri, 8 Mar 2019 - 08:43
Post #8


Member


Group: Members
Posts: 20
Joined: 7 Mar 2019
Member No.: 102,819



QUOTE (The Rookie @ Fri, 8 Mar 2019 - 08:31) *
One good line is how being on 9 points will be a constant reminder for the next 2 years......

I would advise using written mitigation in response to the SJPN, if the single justice accepts that its 6 points, if they feel a ban has to be considered the case will be transferred to a magistrates court who will look at it afresh giving you a second bite of the cherry.

How far in 30 minutes, my commute by car takes 30 minutes and 45 on a cycle......


Hi mate,

So it’s 25/30 mins by motorway so I mean cycling is unfortunately out of the question. Would be 3 hours minimum I suspect. The only letter I got so far was the one asking for information about the driver as I have a leased Audi so I assume the initial letter went to Audi. I am really determined to avoid a ban purely so I can get to work still (only been in this job since October and I got caught on a road next to the office so obviously relatively new to the area) but no excuse I know. I’m more looking to find things to say that will sway the judge / bench if I have to go to court (which I suspect I will have to) towards points and the fine rather than a ban. I suspect a ban would be more harmful for my insurance given my age?

Thanks for your help, I appreciate it given the fact I’m new to this
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 8 Mar 2019 - 09:07
Post #9


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Insurers will look on a ban as reflecting a more serious offence than 6 points, how they risk assess that with your age is hard to call. My son had a fault accident after two years in similar priced cars and that didn't impact his insurance too badly, and it was still cheaper to insure a decent car than a n old banger.

Any period of disqualification would only be short, 2-4 weeks so may not be unmanageable - but yes sounds to far to cycle but you could look at Google maps and use the cycle option. You could also look at possible lift 'share'. The issue is that the next offence will trigger a six month ban under 'totting' which may be harder to manage, how sure are you that you can keep your nose clean for 22 months?


--------------------
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
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 8 Mar 2019 - 09:24
Post #10


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



The court process will be many months away - you could possibly tie it in with annual leave. (Any ban is immediate so you can’t drive home)


--------------------
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.
Go to the top of the page
 
+Quote Post
burnleyboys
post Fri, 8 Mar 2019 - 09:34
Post #11


Member


Group: Members
Posts: 20
Joined: 7 Mar 2019
Member No.: 102,819



QUOTE (The Rookie @ Fri, 8 Mar 2019 - 09:07) *
Insurers will look on a ban as reflecting a more serious offence than 6 points, how they risk assess that with your age is hard to call. My son had a fault accident after two years in similar priced cars and that didn't impact his insurance too badly, and it was still cheaper to insure a decent car than a n old banger.

Any period of disqualification would only be short, 2-4 weeks so may not be unmanageable - but yes sounds to far to cycle but you could look at Google maps and use the cycle option. You could also look at possible lift 'share'. The issue is that the next offence will trigger a six month ban under 'totting' which may be harder to manage, how sure are you that you can keep your nose clean for 22 months?


I’ve taken the risk of leasing an expensive car, so I can be 100% honest and say I will be going the speed limit for the remainder of this lease now as I don’t want to be shelling out £300 a month on a car I can’t use. How likely would you say I am to get just a fine and the points? If I turn up in a suit, am polite etc and well spoken and apologetic in court?
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 8 Mar 2019 - 09:41
Post #12


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



I'd say about 50:50, like I said use the SJPN process first (written submissions only), if they pass it to court then turn up suited and booted.

Can you give us a Google Street View (GSV) link to the location, lets look at signage etc.


--------------------
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
Go to the top of the page
 
+Quote Post
burnleyboys
post Fri, 8 Mar 2019 - 09:51
Post #13


Member


Group: Members
Posts: 20
Joined: 7 Mar 2019
Member No.: 102,819



QUOTE (The Rookie @ Fri, 8 Mar 2019 - 09:41) *
I'd say about 50:50, like I said use the SJPN process first (written submissions only), if they pass it to court then turn up suited and booted.

Can you give us a Google Street View (GSV) link to the location, lets look at signage etc.



The van was parked on the right of the road in the link below. I was driving obviously down the left and it was an empty road, perfectly dry day. About half 9 in the morning so obviously quiet as everyone was in work (I was late due to collecting a parcel from post office).. let me know what you think?? Was hoping as not near a school etc it might be a reason for leniency. And roads like this are often 40’s or 50’s

https://mapstreetview.com/#upj7u_-g89h_4w.a_-2d40

Thanks mate
Go to the top of the page
 
+Quote Post
peterguk
post Fri, 8 Mar 2019 - 09:55
Post #14


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (burnleyboys @ Fri, 8 Mar 2019 - 09:51) *
And roads like this are often 40’s or 50’s

Not if they have a system of streetlights and no speed limit signs. The streetlights indicate the limit is 30mph.


--------------------
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 8 Mar 2019 - 09:58
Post #15


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Still 50/50.

No aggravating factors helps but don’t try and justify that the limit ‘should’ be higher. Looks like a 30 to me, the parked cars creating an additional hazard.


--------------------
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.
Go to the top of the page
 
+Quote Post
burnleyboys
post Fri, 8 Mar 2019 - 10:02
Post #16


Member


Group: Members
Posts: 20
Joined: 7 Mar 2019
Member No.: 102,819



QUOTE (Jlc @ Fri, 8 Mar 2019 - 09:58) *
Still 50/50.

No aggravating factors helps but don’t try and justify that the limit ‘should’ be higher. Looks like a 30 to me, the parked cars creating an additional hazard.



Yeah I’m not trying to justify the speeding at all. I know it’s not on. My primary focus is avoiding the ban. So advice on how to do that is what I’m looking for! I’m prepared to go to court and take all the blame etc but obviously I just want to avoid the ban and instead take the points as i’ll then have 2 years almost where I need to be faultless or I will be banned. What do you think?
Go to the top of the page
 
+Quote Post
peterguk
post Fri, 8 Mar 2019 - 10:04
Post #17


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (burnleyboys @ Fri, 8 Mar 2019 - 10:02) *
What do you think?

Same answer as before. Could go either way.


--------------------
Go to the top of the page
 
+Quote Post
burnleyboys
post Fri, 8 Mar 2019 - 10:09
Post #18


Member


Group: Members
Posts: 20
Joined: 7 Mar 2019
Member No.: 102,819



QUOTE (peterguk @ Fri, 8 Mar 2019 - 10:04) *
QUOTE (burnleyboys @ Fri, 8 Mar 2019 - 10:02) *
What do you think?

Same answer as before. Could go either way.


Do you have tips for things to say / ways to act etc to sway the judge into going for points? I come across very courteous in person and will display my apologetic nature to try and lead them towards that outcome but wondered if there’s any usual ways of doing things that help?
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 8 Mar 2019 - 10:18
Post #19


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Rookie has covered it - the threat of a totting ban...

But it's still 50/50 - that excess is definitely in the bracket to seriously consider a short 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.
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 8 Mar 2019 - 10:19
Post #20


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



You need to brush up I'm afraid, that is clearly a 30mph road, if it were a 40 or a 50 (or NSL) it would have the relevant repeater signs.

A system of street lighting both sets the limit (by making it a restricted road) and signifies that limit. Assuming you came off the A404 there are also clear 30 mph signs just after the junction.


--------------------
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
Go to the top of the page
 
+Quote Post

3 Pages V   1 2 3 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 11:05
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here