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60mph in Temporary 40mph, First Offence - Please Help
Diamond Black
post Fri, 16 Aug 2019 - 18:28
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Hello Everyone,

I have received a NIP for doing 60mph in a temporary 40mph zone. Basically they are doing roadworks further along the road and the reduced speed limit is in force before the actual roadworks. I’m so stupid! sad.gif

Looking at various info online it suggests that this offence falls under Band B which looks like I will need to go to court? Will I actually have to attend? I’m really scared! I’ve never been caught speeding before, I’m 40 now and have been driving since I was 17.

I live alone so I’m quite scared about the possibility of a ban although luckily I work from home. Is there any small chance I could get 3 points and a fixed fine?

Any advice or likely outcome would be really helpful but I will worry until I know anyway! Thanks for reading.
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post Fri, 16 Aug 2019 - 18:28
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Jlc
post Fri, 16 Aug 2019 - 18:53
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That will be a fixed penalty offer of 3 points £100.

There's no reason for it to go to court...


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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

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Fredd
post Fri, 16 Aug 2019 - 19:00
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QUOTE (Jlc @ Fri, 16 Aug 2019 - 19:53) *
That will be a fixed penalty offer of 3 points £100.

For a Band B offence?


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Jlc
post Fri, 16 Aug 2019 - 19:08
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QUOTE (Fredd @ Fri, 16 Aug 2019 - 20:00) *
QUOTE (Jlc @ Fri, 16 Aug 2019 - 19:53) *
That will be a fixed penalty offer of 3 points £100.

For a Band B offence?

Yup. Fixed penalties usually offered up to 65mph in a 40.


--------------------
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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Diamond Black
post Fri, 16 Aug 2019 - 19:21
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QUOTE (Jlc @ Fri, 16 Aug 2019 - 20:08) *
QUOTE (Fredd @ Fri, 16 Aug 2019 - 20:00) *
QUOTE (Jlc @ Fri, 16 Aug 2019 - 19:53) *
That will be a fixed penalty offer of 3 points £100.

For a Band B offence?

Yup. Fixed penalties usually offered up to 65mph in a 40.



Ok thank you very much! That would be quite generous if that was the outcome!

So can I expect to get a fixed penalty notice through the post to pay after I have returned the NIP?

Really curious as to why online it seems to say I could get up to £1,000 fine, 6 points or a ban!
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Jlc
post Fri, 16 Aug 2019 - 19:25
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Yes, return the driver nomination - there's no reason why you shouldn't get a fixed penalty offer.

Fredd is having a moment.

QUOTE (Diamond Black @ Fri, 16 Aug 2019 - 20:21) *
Really curious as to why online it seems to say I could get up to £1,000 fine, 6 points or a ban!

You weren't going fast enough wink.gif


--------------------
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 Fri, 16 Aug 2019 - 20:29
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The sentence indicated is the maximum for the offence, the banding is for court sentencing, the police have discretion when to offer a fixed penalty and stick closely to the guidelines.


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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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Diamond Black
post Fri, 16 Aug 2019 - 21:58
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QUOTE (The Rookie @ Fri, 16 Aug 2019 - 21:29) *
The sentence indicated is the maximum for the offence, the banding is for court sentencing, the police have discretion when to offer a fixed penalty and stick closely to the guidelines.


I see, so it’s by no means guaranteed that I won’t get a more severe fine / points / ban? I am really worried tbh! It’s certainly taught me a lesson!
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BaggieBoy
post Fri, 16 Aug 2019 - 22:02
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Only if you fail to accept the certain fixed penalty offer and it proceeds to court, otherwise see post #2.
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Diamond Black
post Fri, 16 Aug 2019 - 22:40
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QUOTE (BaggieBoy @ Fri, 16 Aug 2019 - 23:02) *
Only if you fail to accept the certain fixed penalty offer and it proceeds to court, otherwise see post #2.


I see. Thank you all for your help and advice. What an absolutely brilliant forum this is 😃
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Logician
post Fri, 16 Aug 2019 - 22:44
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You are sure to be offered a fixed penalty of £100 + 3 points. Be sure to read the offer carefully and follow the instruction to send in your licence if that is what you are told to do.


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Diamond Black
post Thu, 22 Aug 2019 - 10:33
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Had this back today....


Thank you for the attached NIP response. I can confirm that the hard copy is not required and that your responsibilities under s172 of the Road Traffic Act 1988 are now fulfilled for this Notice.

You will receive a Conditional Offer of Fixed Penalty within the next few days

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Logician
post Thu, 22 Aug 2019 - 13:05
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Good, as we said. There is only one rate so it will be £100 + 3 points. Follow their instructions carefully when the COFP arrives. You will need to tell your insurance company, probably at your next renewal but look up what your policy says about points.

Interesting that they are accepting an email reply to a s.172 request.


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cp8759
post Thu, 22 Aug 2019 - 15:11
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Just to reiterate, you must submit your driving licence for endorsement, just paying the penalty is not sufficient. If you forget to submit your licence, the matter will proceed to court.


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Diamond Black
post Thu, 22 Aug 2019 - 18:57
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QUOTE (Logician @ Thu, 22 Aug 2019 - 14:05) *
Good, as we said. There is only one rate so it will be £100 + 3 points. Follow their instructions carefully when the COFP arrives. You will need to tell your insurance company, probably at your next renewal but look up what your policy says about points.

Interesting that they are accepting an email reply to a s.172 request.



I’ve had it sitting at home for a few days and then noticed it said I could fax (LOL) or email it - they replied immediately!

I thought I might be pushing my luck if I said any chance you could offer me a speed awareness wink.gif

Thanks for all the advice you’ve all been great.
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ian505050
post Wed, 28 Aug 2019 - 14:54
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When i see temporary road speed signs often they can be difficult to see as they are not positioned correctly.

Often when road works are ongoing signs can be conflicting.

If i had received a speeding ticket in a temporary speed reduction zone i would definitely want to clarify where the speed signs were located on that specific day as often the road works people move the signs daily as they work. Sometimes don't exist as they blow over or Bob the builder has reversed into one and it has spun round etc..
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The Rookie
post Thu, 29 Aug 2019 - 01:45
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QUOTE (ian505050 @ Wed, 28 Aug 2019 - 14:54) *
i would definitely want to clarify where the speed signs were located on that specific day as often the road works people move the signs daily as they work. Sometimes don't exist as they blow over or Bob the builder has reversed into one and it has spun round etc..

Hot tub time machine?

The contractor will have a check sheet that will indicate that the signage was checked every hour, you would have to discredit that, having seen a few I can say it’s certainly possible but far from certain.


--------------------
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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Diamond Black
post Thu, 29 Aug 2019 - 04:11
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QUOTE (ian505050 @ Wed, 28 Aug 2019 - 15:54) *
When i see temporary road speed signs often they can be difficult to see as they are not positioned correctly.

Often when road works are ongoing signs can be conflicting.

If i had received a speeding ticket in a temporary speed reduction zone i would definitely want to clarify where the speed signs were located on that specific day as often the road works people move the signs daily as they work. Sometimes don't exist as they blow over or Bob the builder has reversed into one and it has spun round etc..


Oh trust me the signs could not have been more clear and obvious. To start with it reduces the speed from 70mph to 50mph on the entire road then a mile before the roadworks it drops to 40mph, speed camera signs everywhere plus I use the road regularly.

I was completely in the wrong.
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ian505050
post Thu, 29 Aug 2019 - 11:29
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QUOTE (Diamond Black @ Thu, 29 Aug 2019 - 05:11) *
QUOTE (ian505050 @ Wed, 28 Aug 2019 - 15:54) *
When i see temporary road speed signs often they can be difficult to see as they are not positioned correctly.

Often when road works are ongoing signs can be conflicting.

If i had received a speeding ticket in a temporary speed reduction zone i would definitely want to clarify where the speed signs were located on that specific day as often the road works people move the signs daily as they work. Sometimes don't exist as they blow over or Bob the builder has reversed into one and it has spun round etc..


Oh trust me the signs could not have been more clear and obvious. To start with it reduces the speed from 70mph to 50mph on the entire road then a mile before the roadworks it drops to 40mph, speed camera signs everywhere plus I use the road regularly.

I was completely in the wrong.


That's what i though originally on my last 5 motoring convictions.......... but they were all overturned as i discredited them prior to having to go to court.

Some of mine have been wrong vehicle on the footage, wrong location of alleged offence, wrong date and signs not meeting legal requirements. All i am saying is be very very careful as many mistakes can be and are often made by Highways England and the police when informing you of your 'mistake'.
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Diamond Black
post Mon, 2 Sep 2019 - 07:27
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The pics were undeniably me and as I say the signs were very visible. I knew I’d been caught before I got the NIP.

Anyway, that’s guys for all the advice. Whilst I haven’t got my licence back just yet the website is very good and appears to show I’ve done everything I needed to do!
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