PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Speeding: 75 mph in 50 mph zone, Threads merged
Artesia
post Mon, 15 Jan 2018 - 05:13
Post #1


Member


Group: Members
Posts: 12
Joined: 11 Jan 2018
Member No.: 95,905



I was caught speeding 75 mph in in 50 mph zone, it’s my first time offence and I just received a letter within 14 day period asking me to identify the driver

I’m a new driver and it’s only been just over a year and it’s my first ever offence, I ave read a lot of articles online and I reckon I will be banned as the offence is worth 6 points under the April 2017 guidelines

Can anyone tell me what will happen next once I identify the driver and am I really looking at a ban because I work quite far from home for work and if loose my job because I’m unable to get there I won’t be able to help my family out with bills or help drop them off at school and university etc...

I know what I did and it’s stupid, there was something wrong with my car injector and I had it fixed at the garage, once it was fixed I drove it and realised the engine was shaking. I rang the garage up and he told me to take it on the motorway and put my foot down abit and it should fix itself as there was some dirt in there somewhere. I thought I could fix it and drove around 70-80 mph on a clear road and just around the corner the speed van was waiting on the a500. You probably won’t believe it but I was stupid enough to do something like this. If I’m getting banned I might go to court and plead guilty asking for my circumstances to be taken into account for reduced sentence.
Go to the top of the page
 
+Quote Post
2 Pages V   1 2 >  
Start new topic
Replies (1 - 19)
Advertisement
post Mon, 15 Jan 2018 - 05:13
Post #


Advertise here!









Go to the top of the page
 
Quote Post
squaredeal
post Mon, 15 Jan 2018 - 05:47
Post #2


Member


Group: Members
Posts: 735
Joined: 9 Dec 2010
Member No.: 42,764



You are just within the threshold to be offered a Fixed Penalty of 3 points and £100 fine, which you can accept as you are currently on zero points.
This will mean that you can't gain any further points within the first 2 years since passing your test without facing DVLA revocation so be extra careful from now on.
Go to the top of the page
 
+Quote Post
Artesia
post Mon, 15 Jan 2018 - 05:49
Post #3


Member


Group: Members
Posts: 12
Joined: 11 Jan 2018
Member No.: 95,905



QUOTE (squaredeal @ Mon, 15 Jan 2018 - 05:47) *
You are just within the threshold to be offered a Fixed Penalty of 3 points and £100 fine, which you can accept as you are currently on zero points.
This will mean that you can't gain any further points within the first 2 years since passing your test without facing DVLA revocation so be extra careful from now on.


Ty for your reply, it was a one off mistake and I drive very carefully from now on
Go to the top of the page
 
+Quote Post
NewJudge
post Mon, 15 Jan 2018 - 09:08
Post #4


Member


Group: Members
Posts: 1,237
Joined: 29 Oct 2008
Member No.: 23,623



Also bear in mind that if you do reach six points you will not be disqualified from driving. Your full licence will be revoked but you can apply for a new provisional licence immediately and resume driving (subject to its conditions - 'L' plates and a supervising driver) as soon as you have it.

Make sure you reply naming yourself as driver as quickly as possible so as to avoid any problems.
Go to the top of the page
 
+Quote Post
Logician
post Mon, 15 Jan 2018 - 11:41
Post #5


Member


Group: Members
Posts: 11,032
Joined: 28 Mar 2010
Member No.: 36,528



All as spelt out above, you should be offered a fixed penalty for this.

Remember that you will need to tell your insurance company at some point, exactly when will be in your policy document, either immediately or more usually when your renewal comes up.


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



Go to the top of the page
 
+Quote Post
Artesia
post Mon, 15 Jan 2018 - 12:32
Post #6


Member


Group: Members
Posts: 12
Joined: 11 Jan 2018
Member No.: 95,905



QUOTE (Logician @ Mon, 15 Jan 2018 - 11:41) *
All as spelt out above, you should be offered a fixed penalty for this.

Remember that you will need to tell your insurance company at some point, exactly when will be in your policy document, either immediately or more usually when your renewal comes up.



I'm actually quite lucky, my insurance runs out in the next few days and I'm thinking of getting a renewal fast before I send the identify driver form back, that way I can get insurance for first year without our points until next renewal and then mention them once I get them

This post has been edited by Artesia: Mon, 15 Jan 2018 - 12:34
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 15 Jan 2018 - 12:35
Post #7


Member


Group: Members
Posts: 26,890
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (Artesia @ Mon, 15 Jan 2018 - 12:32) *
QUOTE (Logician @ Mon, 15 Jan 2018 - 11:41) *
All as spelt out above, you should be offered a fixed penalty for this.

Remember that you will need to tell your insurance company at some point, exactly when will be in your policy document, either immediately or more usually when your renewal comes up.



I'm actually quite lucky, my insurance runs out in the next few days and I'm thinking of getting a renewal fast before I send the identify driver form back, that way I can get insurance for first year without our points until next renewal and then mention them once I get them

And what if they ask you about pending points/prosecutions?


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

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
Artesia
post Mon, 15 Jan 2018 - 12:39
Post #8


Member


Group: Members
Posts: 12
Joined: 11 Jan 2018
Member No.: 95,905



QUOTE (Jlc @ Mon, 15 Jan 2018 - 12:35) *
QUOTE (Artesia @ Mon, 15 Jan 2018 - 12:32) *
QUOTE (Logician @ Mon, 15 Jan 2018 - 11:41) *
All as spelt out above, you should be offered a fixed penalty for this.

Remember that you will need to tell your insurance company at some point, exactly when will be in your policy document, either immediately or more usually when your renewal comes up.



I'm actually quite lucky, my insurance runs out in the next few days and I'm thinking of getting a renewal fast before I send the identify driver form back, that way I can get insurance for first year without our points until next renewal and then mention them once I get them

And what if they ask you about pending points/prosecutions?


I have the form and have 28 days to send it back by identifying the driver, don't I have to send it back to have a pending points as they don't know who was driving, my insurance last year on a 1.4 was £3500 with a black box, so I was thinking maybe if I can get my renewal and the form back from the police once I send mine off I can then tell my insurance. Also the letter wasn't addressed to me as I'm just a second driver

This post has been edited by Artesia: Mon, 15 Jan 2018 - 12:49
Go to the top of the page
 
+Quote Post
TonyS
post Mon, 15 Jan 2018 - 12:59
Post #9


Member


Group: Members
Posts: 790
Joined: 24 Mar 2013
From: Scotland
Member No.: 60,732



I think it would be pushing it to claim that you aren't aware of anything pending. It may depend on the exact wording of the question during your renewal.
Go to the top of the page
 
+Quote Post
peterguk
post Mon, 15 Jan 2018 - 13:02
Post #10


Member


Group: Members
Posts: 11,713
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (Artesia @ Mon, 15 Jan 2018 - 12:39) *
Also the letter wasn't addressed to me as I'm just a second driver


What letter? The insurance renewal? In which case your proposed actions might stitch up an innocent party as well as yourself.

Why not get the policy holder to call the insurance company and clarify?

This post has been edited by peterguk: Mon, 15 Jan 2018 - 13:03


--------------------
Go to the top of the page
 
+Quote Post
NewJudge
post Mon, 15 Jan 2018 - 13:05
Post #11


Member


Group: Members
Posts: 1,237
Joined: 29 Oct 2008
Member No.: 23,623



QUOTE (Artesia @ Mon, 15 Jan 2018 - 12:39) *
I have the form and have 28 days to send it back by identifying the driver, don't I have to send it back to have a pending points as they don't know who was driving, my insurance last year on a 1.4 was £3500 with a black box, so I was thinking maybe if I can get my renewal and the form back from the police once I send mine off I can then tell my insurance. Also the letter wasn't addressed to me as I'm just a second driver


You could adopt that strategy and you might get away with a reduced premium for a year. Though I don't fancy your chances if you make a claim and enquiries are made. You clearly have a conviction or fixed penalty pending now. You know that you have even if nobody else does.
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 15 Jan 2018 - 13:11
Post #12


Member


Group: Members
Posts: 26,890
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (TonyS @ Mon, 15 Jan 2018 - 12:59) *
It may depend on the exact wording of the question during your renewal.

^ This. There should not be any ambiguity.


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

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
nosferatu1001
post Mon, 15 Jan 2018 - 13:26
Post #13


Member


Group: Members
Posts: 15,162
Joined: 27 Nov 2007
Member No.: 15,642



If youre "just" a 2nd driver, and do not YET have a NIP / S172 notice in your name, then the person named on the NIP/S172 request must respond. YOU cannot do anything yet, AFAIK.

Until they have named you do you truly have a prosecution "pending"? You have a possibility of a prosecution, but that relies upon the person named on the NIP actually nominating you.
It would be dodgy as all hell to try and pretend you dont have one, i would suggest...
Go to the top of the page
 
+Quote Post
Logician
post Mon, 15 Jan 2018 - 13:47
Post #14


Member


Group: Members
Posts: 11,032
Joined: 28 Mar 2010
Member No.: 36,528



QUOTE (Artesia @ Mon, 15 Jan 2018 - 12:39) *
Also the letter wasn't addressed to me as I'm just a second driver


If the letter was not addressed to you, then you must not reply to it, the addressee must reply naming you and you will get a letter addressed to you in due course, and you then reply to that. We have experience on this board of considerable difficulty caused by the wrong person replying, so this is important.

You talk of this being your car but you being a "second driver"; if you are in fact the main driver, are the insurance company aware of this? Insurers do not take kindly to "fronting" the situation where a vehicle is insured by one person but mainly driven by someone else who is a named driver on the policy, this is a ruse sometimes adopted by parents to get a lower premium for their offspring's car, and if a claim arises and they find out the child not the parent is the named driver, they may refuse to pay out on the basis that they have been misled. Having said that, a premium of the amount you say and a black box does indicate they are under no illusions.

As you are not the policyholder, the question of whether any prosecutions are pending is not one for you, but the policyholder is aware that a prosecution is pending, if they are the addressee of the letter from the police. It would not be wise to pretend to have no knowledge when that is not the case.






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



Go to the top of the page
 
+Quote Post
peterguk
post Mon, 15 Jan 2018 - 14:28
Post #15


Member


Group: Members
Posts: 11,713
Joined: 22 Oct 2007
Member No.: 14,720



What "letter"?

The NIP/S172 or the insurance renewal letter?


--------------------
Go to the top of the page
 
+Quote Post
Artesia
post Mon, 15 Jan 2018 - 16:18
Post #16


Member


Group: Members
Posts: 12
Joined: 11 Jan 2018
Member No.: 95,905



QUOTE (Logician @ Mon, 15 Jan 2018 - 13:47) *
QUOTE (Artesia @ Mon, 15 Jan 2018 - 12:39) *
Also the letter wasn't addressed to me as I'm just a second driver


If the letter was not addressed to you, then you must not reply to it, the addressee must reply naming you and you will get a letter addressed to you in due course, and you then reply to that. We have experience on this board of considerable difficulty caused by the wrong person replying, so this is important.

You talk of this being your car but you being a "second driver"; if you are in fact the main driver, are the insurance company aware of this? Insurers do not take kindly to "fronting" the situation where a vehicle is insured by one person but mainly driven by someone else who is a named driver on the policy, this is a ruse sometimes adopted by parents to get a lower premium for their offspring's car, and if a claim arises and they find out the child not the parent is the named driver, they may refuse to pay out on the basis that they have been misled. Having said that, a premium of the amount you say and a black box does indicate they are under no illusions.

As you are not the policyholder, the question of whether any prosecutions are pending is not one for you, but the policyholder is aware that a prosecution is pending, if they are the addressee of the letter from the police. It would not be wise to pretend to have no knowledge when that is not the case.


Sorry my English isn't the best as I'm typing of mobile and can't see the text. I share the car with my mum and I drive it about 5 hours weekly just for work, my mum drives it most of the time and I'm just a named driver. My mum received the letter to identify the driver 2 days ago and my insurance runs out tomorrow. The next policy will be on my own name alone on my own car, that's why I was asking because I'm not currently or have pending points until my mum sends the form off and identifying me as the driver, but I'm renewing my insurance tomorrow at in my knowledge I don't have any yet until he police get back to me once my mum sends the form off

I know I'm cheating, but I'm just wondering if this method would work as I will just have my own insurance, please advice me if not I will just admit it and tell them I will have pending points, it's just that my insurance is still around £3000 and it's only gone £500 cheaper and with points I'm probably looking at a lot more

QUOTE (peterguk @ Mon, 15 Jan 2018 - 14:28) *
What "letter"?

The NIP/S172 or the insurance renewal letter?


It's the first letter asking who was driving and then we have to send it back, says notice of intending prosecution, it's the first letter

QUOTE (nosferatu1001 @ Mon, 15 Jan 2018 - 13:26) *
If youre "just" a 2nd driver, and do not YET have a NIP / S172 notice in your name, then the person named on the NIP/S172 request must respond. YOU cannot do anything yet, AFAIK.

Until they have named you do you truly have a prosecution "pending"? You have a possibility of a prosecution, but that relies upon the person named on the NIP actually nominating you.
It would be dodgy as all hell to try and pretend you dont have one, i would suggest...


New policy would be just on my name and currently my mum has pending an prosecution until I'm named as driver and it's sent back, but my renewal is tomorrow and if they ask me if any driver or anyone on the policy has pending points or anything as such, in my knowledge I'm clean until my mum sends the form back naming me, once the police write me a letter of persecution I will inform my insurance company and they can't increase any prices until next renewal. I just want to make sure I'm not breaking the law, just being dodgy is okey if it can save me £1000

QUOTE (peterguk @ Mon, 15 Jan 2018 - 13:02) *
QUOTE (Artesia @ Mon, 15 Jan 2018 - 12:39) *
Also the letter wasn't addressed to me as I'm just a second driver


What letter? The insurance renewal? In which case your proposed actions might stitch up an innocent party as well as yourself.

Why not get the policy holder to call the insurance company and clarify?


It the first letter the police send to identify the driver or if you were driving, the new policy is just on my name and I won't be persecuted until after my I get insurance as my mum still hasn't filled the form in, she will complete it the next few days and send it back identifying me as the driver, then I will inform my insurance company about it that I'm being prosecuted for the offence on date x and I only just found out about it after my renewal as I was identified as the driver
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 15 Jan 2018 - 16:34
Post #17


Member


Group: Members
Posts: 26,890
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



It's all in the wording as already noted.

If the insurer asks the question (to the policyholder upon renewal) whether they (or any driver) have been notified about a potential prosecution (or the wording may refer to fixed penalty) then the question must be answered truthfully. Timing could be important but it seems she knows at the time of renewal who was driving even if the s172 nomination wasn't returned.

No one on here will advise to 'lie' but its possible that answering the questions truthfully will still give the outcome you desire. If they don't, then there's a real risk should the questions be asked later and a claim is denied.


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

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
Artesia
post Mon, 15 Jan 2018 - 16:41
Post #18


Member


Group: Members
Posts: 12
Joined: 11 Jan 2018
Member No.: 95,905



QUOTE (Jlc @ Mon, 15 Jan 2018 - 16:34) *
It's all in the wording as already noted.

If the insurer asks the question (to the policyholder upon renewal) whether they (or any driver) have been notified about a potential prosecution (or the wording may refer to fixed penalty) then the question must be answered truthfully. Timing could be important but it seems she knows at the time of renewal who was driving even if the s172 nomination wasn't returned.

No one on here will advise to 'lie' but its possible that answering the questions truthfully will still give the outcome you desire. If they don't, then there's a real risk should the questions be asked later and a claim is denied.


Ty, the new policy is just on my name alone alone so I will be the policy holder and if I answer truthfully I don't have any intended prosecutions atm, once I do I will inform them
Asap
Go to the top of the page
 
+Quote Post
666
post Mon, 15 Jan 2018 - 16:47
Post #19


Member


Group: Members
Posts: 777
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (Artesia @ Mon, 15 Jan 2018 - 16:18) *
I share the car with my mum and I drive it about 5 hours weekly just for work, my mum drives it most of the time and I'm just a named driver.


Do the insurers know you use it for work?
Go to the top of the page
 
+Quote Post
Artesia
post Mon, 15 Jan 2018 - 16:51
Post #20


Member


Group: Members
Posts: 12
Joined: 11 Jan 2018
Member No.: 95,905



QUOTE (666 @ Mon, 15 Jan 2018 - 16:47) *
QUOTE (Artesia @ Mon, 15 Jan 2018 - 16:18) *
I share the car with my mum and I drive it about 5 hours weekly just for work, my mum drives it most of the time and I'm just a named driver.


Do the insurers know you use it for work?


I don't drive for work, but on the options I did tick that I would be using it commuting and social
Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
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: Saturday, 17th February 2018 - 23:10
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.