3 times for speeding, Passing through changes in speed limits. |
3 times for speeding, Passing through changes in speed limits. |
Mon, 22 Jul 2019 - 10:57
Post
#1
|
|
Member Group: Members Posts: 11 Joined: 5 Sep 2016 Member No.: 86,900 |
Hi all well short story daughter returning from London via A1 passed through the Great Ponton section where it is 70-60-50 limits she seems not to have noticed any of these and has had a NIP sent which has been returned, the basic is it states the three limits were exceeded, I note in the NIP the 50 limit is down as a temporary speed limit but I am sure it has been in force for quite a few years now.
Anyway I see that it looks like a minimum of 6 points-if not a ban and about £600 fine and I assume a day in court as it was over 90MPH she was clocked at. So has anyone any ideas of how she can mitigate the penalties she faces, if it is a ban then she may well lose her job, and she is still on probation there as it is, she knows that I will not bail her out on the fine, but want to try to reduce the impact regarding points and possible ban, or push for a ban for say 7-10 days which may be a better outcome for her. Well all comments welcome including the expected criticisms. |
|
|
Advertisement |
Mon, 22 Jul 2019 - 10:57
Post
#
|
Advertise here! |
|
|
|
Mon, 22 Jul 2019 - 11:18
Post
#2
|
|
Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
How many offences are being pursued?
Seems like 90-ish in a 50? If so, that is odds-on for a lengthy ban, say 6 weeks+ Well all comments welcome including the expected criticisms. No criticism zone here... So has anyone any ideas of how she can mitigate the penalties she faces, if it is a ban then she may well lose her job How long has she had her licence? (Any current points?) It would be best if she posted here... -------------------- 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. |
|
|
Mon, 22 Jul 2019 - 12:44
Post
#3
|
|
Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
Well all comments welcome including the expected criticisms. If you knew you were going to be criticised, why did you not include the relevant information in your initial post? Also, is there any reason why your daughter cannot post here herself, or did you think that you could help by playing chinese whispers? What exactly does the NIP say regarding the alleged offence? I suspect that I can guess where the 50, 60 and 70mph bit comes from, but that does not help much. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
|
|
Mon, 22 Jul 2019 - 15:40
Post
#4
|
|
Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
I suspect that I can guess where the 50, 60 and 70mph bit comes from, but that does not help much. Ah, yes - the penny has just dropped... The outcome of whether the prevailing limit was 50, 60 or 70 is quite different. -------------------- 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. |
|
|
Mon, 22 Jul 2019 - 21:23
Post
#5
|
|
Member Group: Members Posts: 11 Joined: 5 Sep 2016 Member No.: 86,900 |
Right as I already indicated all three limits are stated on the NIP, so I am trying to extract from any one whom has experience of this area, Great Ponton A1, as to whether the daughter is likely to be prosecuted for all three limits broken or whether they are likely to go for the largest differential.
Assuming they will go for all three it means a minimum of 9 points, possibly 12, so is it likely that a ban would be more beneficial or points on her licence, (which she has held for 10 years) to be declared for 5 years, which will load her licence. Again anyone having experience in a similar situation would be useful. Cheers |
|
|
Mon, 22 Jul 2019 - 21:29
Post
#6
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Does it by any chance say “the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977” or similar?
-------------------- 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. |
|
|
Mon, 22 Jul 2019 - 21:53
Post
#7
|
|
Member Group: Members Posts: 604 Joined: 12 Oct 2009 Member No.: 32,760 |
Right as I already indicated all three limits are stated on the NIP You were asked:- What exactly does the NIP say regarding the alleged offence? If you want accurate advice, then you need to give accurate information. The exact wording does matter; it sounds like you have misunderstood the NIP, but without knowing exactly what it says people can only guess - which is a rather slow and uncertain way of getting useful information. |
|
|
Mon, 22 Jul 2019 - 22:24
Post
#8
|
|
Member Group: Members Posts: 11 Joined: 5 Sep 2016 Member No.: 86,900 |
|
|
|
Mon, 22 Jul 2019 - 22:36
Post
#9
|
|
Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
So it's only one of those speed limits that was exceeded in all likelihood, that's the standard order for a speed limit of 70, or 60 or 50, So one offence was committed.
|
|
|
Mon, 22 Jul 2019 - 22:59
Post
#10
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Does it by any chance say “the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977” or similar? Yes that is correct. It’s not 3 speeding offences then (which would result in 3 separate NIPs), it is a single offence. -------------------- 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. |
|
|
Mon, 22 Jul 2019 - 23:17
Post
#11
|
|
Member Group: Members Posts: 294 Joined: 8 Oct 2007 Member No.: 14,341 |
I've no idea where the actual alleged offence was committed, or the prevailing limit at the time, but does This GSV look likely??
This post has been edited by bill w: Mon, 22 Jul 2019 - 23:18 |
|
|
Tue, 23 Jul 2019 - 06:48
Post
#12
|
|
Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
What was the alleged speed? I think it’s 70mph NSL.
-------------------- 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. |
|
|
Tue, 23 Jul 2019 - 12:15
Post
#13
|
|
Member Group: Members Posts: 11 Joined: 5 Sep 2016 Member No.: 86,900 |
I've no idea where the actual alleged offence was committed, or the prevailing limit at the time, but does This GSV look likely?? I do not know the exact point but I am assuming that it is where the 50 limit is/was designated except the NIP states between Closterworth and Great Ponton. Is that an average speed camera on the left, long yellow pole?? |
|
|
Tue, 23 Jul 2019 - 12:31
Post
#14
|
|
Member Group: Members Posts: 11 Joined: 5 Sep 2016 Member No.: 86,900 |
[/quote] It’s not 3 speeding offences then (which would result in 3 separate NIPs), it is a single offence. [/quote] It is a single NIP but why quote 3 sections regarding speed limits. It is my understanding that it is not allowed to penalise multiple times for one journey from A to B, where the vehicle/driver breaks the speed limit through several locations, although as it is something I have never been caught for I can see the logic for multiple prosecutions, or multiple on one NIP. |
|
|
Tue, 23 Jul 2019 - 12:44
Post
#15
|
|
Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
|
|
|
Tue, 23 Jul 2019 - 13:01
Post
#16
|
|
Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Indeed, it's the (confusing?) name of the single order. Here.
-------------------- 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. |
|
|
Tue, 23 Jul 2019 - 13:13
Post
#17
|
|
Member Group: Members Posts: 11 Joined: 5 Sep 2016 Member No.: 86,900 |
Indeed, it's the (confusing?) name of the single order. Here. So, I understand that now! in that case it seems she will be prosecuted for exceeding 70MPH, thanks for all the info given. So as she was doing 92 mph is that above the option of a speed awareness course, she has no current points and has not had any previous speed awareness courses. This post has been edited by Skoda2014: Tue, 23 Jul 2019 - 13:17 |
|
|
Tue, 23 Jul 2019 - 13:22
Post
#18
|
|
Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
You have not stated her exact speed, but up to 95 she is likely to get a fixed penalty of £100 + 3 points, over that 4 to 6 points and a fine based on her net weekly income.
-------------------- |
|
|
Tue, 23 Jul 2019 - 13:27
Post
#19
|
|
Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Indeed, 92 in a 70 should see a 3 points £100 fixed penalty which isn’t so bad...
-------------------- 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. |
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 00:10 |