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Speeding on Motorway
andylad
post Wed, 22 Apr 2020 - 07:39
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Hi I received a NIP yesterday for a speeding offence on M6 - 100mph in a 70 zone on 10/4.

The photo is on the police site and it says exactly 100mph as the fine. Obviously road conditions very quiet right now, was a fine day from what I recall.

I’ve not received a speeding fine for some time, the last was about 7 or 8 years ago. I’m concerned about ramifications- yeah I earn a fair salary but I’ve a load of credit card, loan payments as well as general stuff like the payment on car. I’m also worried about possible ban.

Any advice or help most gratefully received.


Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England
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post Wed, 22 Apr 2020 - 07:39
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Jlc
post Wed, 22 Apr 2020 - 07:47
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Likely outcome will be able to deal with this via postal plea without attending court. (It's too fast for any course or fixed penalty)

5 or 6 points (Odds on 6), a fine of 66% of 1 week's earnings, costs of £85 and surcharge of 10% of the fine (min. £32) - in terms of the maximum size of the fine read here.

Your debt is unlikely to be considered.

There's a possibility they'll want to consider a short ban (Up to 28 days) and you'll have to attend court. Fortunately, just 1 extra mph would have put you in a higher sentencing band.

This post has been edited by Jlc: Wed, 22 Apr 2020 - 07:52


--------------------
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 Wed, 22 Apr 2020 - 08:21
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Note that although the form MC100 used for means testing ( Form here ) asks about liabilities they are only usually taken into account if they are considered exceptional.

If the court receives no MC100 it will use a nominal salary of £440 a week (after tax and NI), although not providing details is an offence in itself it is very rarely ever followed up for simple cases but the nominal amount used for sentencing. Note - no-one can suggest you break the law, but they can inform you of the implications and consequences.

This post has been edited by The Rookie: Wed, 22 Apr 2020 - 08:21


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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andylad
post Fri, 25 Sep 2020 - 17:57
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Hi
I picked up a NIP for speeding on the Motorway in April this year, a HADECS camera logged my speed as 100mph in a normal 70mph stretch of road in the daytime. I was supplied with all the evidences, posted them on here and then and submitted my paperwork to say I was the driver. Unfortunately I can't find the old thread on here so have reopened this one...

Since I sent the response to the NIP back in April, I've now recently received a SJPN and just wanted some help before I post the paperwork. I don't want to plead not guilty as it was me but I do need a bit of guidance to understand best approach to fill in some of the forms and to understand what may happen next. I have a full, clean licence.

There are various documents including mitigation (for me it was a profoundly stressful time this year for various reasons including health and the lockdown but aware that this is not justification for speeding), a complex statement of means and the general personal/license details bit which I'm ok with. Can anyone provide a bit of info and advice. The SOM looks a bit complex. As ever thanks for advice in advance; wish I could have found the old thread.

This post has been edited by andylad: Fri, 25 Sep 2020 - 18:01
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The Rookie
post Fri, 25 Sep 2020 - 18:06
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So you plead guilty, nothing you’ve mentioned there is mitigation, mitigation is something that lessens the seriousness of an offence.
Form MC100 is fairly simple to complete, not sure why you consider it complex. As mentioned before liabilities aren’t consider unless they are truly exceptional, so unless they are exceptional just leave them blank.



--------------------
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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andylad
post Fri, 25 Sep 2020 - 18:12
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QUOTE (The Rookie @ Fri, 25 Sep 2020 - 19:06) *
So you plead guilty, nothing you’ve mentioned there is mitigation, mitigation is something that lessens the seriousness of an offence.
Form MC100 is fairly simple to complete, not sure why you consider it complex. As mentioned before liabilities aren’t consider unless they are truly exceptional, so unless they are exceptional just leave them blank.

Firstly thanks to whoever joined my new thread up with the old one.
It sounds like it may be more sensible to leave the mitigation bit out altogether as I don't want to make things worse by implying that the speeding offence was 'ok, guv.'
The issue with the MC100 was around liabilities - the old info you posted helps in this regard as it seems there's little point putting all liabilities on as things like a SKY subscription are highly likely to be ignored; I'm not sure where I put the bloody thing anyway.

This post has been edited by andylad: Fri, 25 Sep 2020 - 18:14
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The Rookie
post Fri, 25 Sep 2020 - 18:15
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Print a new one https://assets.publishing.service.gov.uk/go...1/mc100-eng.pdf


--------------------
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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andylad
post Fri, 25 Sep 2020 - 18:17
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Thanks
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Ocelot
post Fri, 25 Sep 2020 - 18:18
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Interesting that the photo spells metres as 'meters' twice.
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mickR
post Fri, 25 Sep 2020 - 21:13
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QUOTE (Ocelot @ Fri, 25 Sep 2020 - 19:18) *
Interesting that the photo spells metres as 'meters' twice.


I wonder if it measured in kph instead of mph rolleyes.gif
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TryOut
post Sun, 27 Sep 2020 - 09:06
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QUOTE (Ocelot @ Fri, 25 Sep 2020 - 19:18) *
Interesting that the photo spells metres as 'meters' twice.

It’s programmed in Australia, maybe that’s how they spell it.
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andylad
post Mon, 19 Oct 2020 - 12:50
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Outcome on DVLA site : 6pts and £293 fine. (£417 after costs applied)
Not sure if they ever received my sor...

This post has been edited by andylad: Mon, 19 Oct 2020 - 13:17
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NewJudge
post Mon, 19 Oct 2020 - 15:54
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QUOTE (andylad @ Mon, 19 Oct 2020 - 13:50) *
Not sure if they ever received my sor...

They probably didn't. A £293 fine would be the amount levied if based on the "default" income of £440pw (i.e. a fine of £440, less a third for your guilty plea). The rest would be £34 Victim Surcharge and £90 costs (I believe £90 is being charged for prosecution costs in some areas now).
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