4 speeding offences without even knowing |
4 speeding offences without even knowing |
Sat, 21 Sep 2019 - 22:31
Post
#1
|
|
New Member Group: Members Posts: 9 Joined: 21 Sep 2019 Member No.: 105,842 |
Hey, it's been 5 months since I've been living in UK, but I have a really "funny and serious" situation.
The story: On August 10, I got a letter that said that I received a speeding fine. Going 39 on 30 zone (Lincoln, Cross'O Cliff Hill camera). The date was June 27th, I wasn't ever aware of that, because the camera doesn't have flash. On August 14, I received a second letter with speeding fine, which said 40 on 30 zone (same camera). The date was July 10th. Two weeks ago, I received another letter with speeding fine, which said 39 on 30 zone (same camera). The date was July 15th. I took booked a speeding course (haven't took it yet). And Yesterday, I received yet another letter with going 35 on 30 zone, again the same camera! The date was August 4th. So... I right now I don't know what to do. Should I call them and explain the situation? Do I loose my license before I can even take a course? Should I go to a court and try to say anything? I am just lost. I am not a driver that drives fast ( I have never received any other driving offences, I just wasn't aware of the speed there). Can anyone give me a helping hand, please, what should I do? Thanks This post has been edited by saifas80: Sat, 21 Sep 2019 - 22:38 |
|
|
Advertisement |
Sat, 21 Sep 2019 - 22:31
Post
#
|
Advertise here! |
|
|
|
Sun, 22 Sep 2019 - 16:32
Post
#21
|
|
Member Group: Members Posts: 162 Joined: 16 Jun 2019 Member No.: 104,319 |
The "no opportunity to correct my behaviour" argument is often touted about. It won't cut any ice. Drivers are expected to know the speed limits and stick to them. Try this for an analogy: a burglar breaks into three houses - one a week - and steals a lot of the owners' belongings. He gets caught on his fourth outing and complains that he has had no opportunity to mend his ways. Burglary is rarely the result of a mistake though whereas speeding often is and it seems disingenuous to compare the two crimes on that basis. Mike |
|
|
Sun, 22 Sep 2019 - 17:14
Post
#22
|
|
Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
Burglary is rarely the result of a mistake though whereas speeding often is and it seems disingenuous to compare the two crimes on that basis. Mike I don't believe so. A driver has an obligation to be aware of the speed limit that applies to the road he is driving on. If he is mistaken that affords him no defence. What is being suggested is that he must have his error pointed out to him before any further offences can be actioned. Sometimes notification of a speeding offence can take three or four months to reach the driver. You're surely not suggesting he should have carte blanche to commit further offences until the is shown the error of his ways. My comparison is extreme but deliberately so in order to demonstrate the invalidity of the argument. |
|
|
Mon, 23 Sep 2019 - 18:44
Post
#23
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Burglary is rarely the result of a mistake though whereas speeding often is and it seems disingenuous to compare the two crimes on that basis. Mike I don't believe so. A driver has an obligation to be aware of the speed limit that applies to the road he is driving on. If he is mistaken that affords him no defence. What is being suggested is that he must have his error pointed out to him before any further offences can be actioned. Sometimes notification of a speeding offence can take three or four months to reach the driver. You're surely not suggesting he should have carte blanche to commit further offences until the is shown the error of his ways. My comparison is extreme but deliberately so in order to demonstrate the invalidity of the argument. NewJudge is right, I believe Connelly v DPP [1964] AC 1254 is the relevant case law. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Tue, 24 Sep 2019 - 08:23
Post
#24
|
|
Member Group: Members Posts: 162 Joined: 16 Jun 2019 Member No.: 104,319 |
I'm not suggesting that people are wrong in legal terms just that in the interests of fairness it seems wrong.
To bastardise your burglary analogy somewhat. Imagine two guys burglarise one house on one occasion and both get arrested. In sentencing the judge says Mr A, I am giving you a 12 month suspended sentence because your address was correct and the police were able to arrest you immediately whereas Mr B your 12 months sentence is not suspended because you had moved house and failed to tell the DVLA. (and before the protests arrive, I know a judge would and could never do that). Mike This post has been edited by mike5100: Tue, 24 Sep 2019 - 08:24 |
|
|
Tue, 24 Sep 2019 - 09:13
Post
#25
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I'm not suggesting that people are wrong in legal terms just that in the interests of fairness it seems wrong. To bastardise your burglary analogy somewhat. Imagine two guys burglarise one house on one occasion and both get arrested. In sentencing the judge says Mr A, I am giving you a 12 month suspended sentence because your address was correct and the police were able to arrest you immediately whereas Mr B your 12 months sentence is not suspended because you had moved house and failed to tell the DVLA. (and before the protests arrive, I know a judge would and could never do that). Mike Let's flesh out your scenario a bit: Mr A makes good his escape in his own car, so the police quickly and easily track him down. Mr B flees also escapes in his own car, but the registered keeper details are out of date and it takes the police weeks to track him down. At trial, Mr A is charged with burglary, while Mr B is charge with burglary and with failing to update his address with DVLA. Would I expect Mr B to get a harsher sentence? Absolutely. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Tue, 24 Sep 2019 - 09:37
Post
#26
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
This is flame pit territory. This part of the forum deals with the law how it is, not how people might wish it to be.
-------------------- 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. |
|
|
Tue, 24 Sep 2019 - 10:02
Post
#27
|
|
Member Group: Members Posts: 11 Joined: 7 Sep 2015 From: Lincolnshire Member No.: 79,247 |
...for some reason I thought that there's a 40 mph limit, because there's no houses or anything ... Not only are there houses on Cross O'Cliff Hill, there is also LSST school right next to the camera. Edit: As well as a system of street lighting. This post has been edited by JRHartley: Tue, 24 Sep 2019 - 10:04 |
|
|
Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 13:22 |