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Band B or C - speeding. Will that be a court summons?
diversity
post Mon, 18 Jun 2018 - 03:34
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Hi,

If you speed and it's band B or C does that mean it's most likely to be a court summons?

Thanks
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post Mon, 18 Jun 2018 - 03:34
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The Rookie
post Mon, 18 Jun 2018 - 05:46
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The court sentancing guideance bands are nothing to do with the Police when they decide to offer a fixed penalty or not, broadly the Police will issue a fixed penalty for upto 25mph over the limit (20 for a 20 or 30 limit) or go to court if you ar3 faster than that, most band B offences are in fixed penalty territory.

Or you you just give us the facts?


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Jlc
post Mon, 18 Jun 2018 - 06:45
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Indeed, fixed penalties are still available if within the threshold. Loosely speaking band B are a fixed penalty and band C to court. Is this related to an actual allegation?


--------------------
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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diversity
post Mon, 18 Jun 2018 - 09:13
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Thanks everyone.

Yes, I drove past a mobile camera van on Friday. I'm usually really careful about speed limits, but stupidly was distracted by already having a bad day. The road is very wide and straight (military) but is pedestrianised so it's a 30 but that feels painfully slow and if you do 30 all the cars pile up behind you and you feel like you're annoying them. I looked down and am ashamed to say my speedo said just over 50. I wouldn't usually be going that fast.

I really didn't realise I was going that fast and it didn't feel unsafe. Obviously with a pedestrianised road I know it is unsafe though.

I've tested my speedo against the speed on my sat nav and to hit 50mph my speedo needed to get to 55mph. I certainly was under that, so I'm preying it comes in at 49 and a band B.

My own stupid fault, but I'm terrified of court and a short ban. I have 3 points that are due to expire (3 years) in Aug. Been on the road nearly 30 years and 3 years ago they were my first points. I have certainly been even more careful since then so am kicking myself for being so stupid.

I also didn't realise about the change in sentencing until I looked it up after driving past the van. I don't usually pay much attention to stuff like that as I generally drive slowly. (Used to drive faster, but as I get older I realise how important it is)

Cheers.

This post has been edited by diversity: Mon, 18 Jun 2018 - 09:17
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Jlc
post Mon, 18 Jun 2018 - 09:21
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51mph is the usual point for the matter to be dealt with at court. (Some forces are a little higher)

From what you say it seems that you may just scrape in with a fixed penalty (3 points £100).


--------------------
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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diversity
post Mon, 18 Jun 2018 - 09:27
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I'm also curious, although this isn't relevant to my actual circumstances. IF points were to take you to 12 meaning a 6 month ban but 3 points were due to expire for totting up, and in fact would be expired by the time you actually got to court, what that be likely to make a difference to the ban at all?

Not relevant to me as 6 points would take me to 9 but I'm curious because of my 3 points expiring.

QUOTE (Jlc @ Mon, 18 Jun 2018 - 10:21) *
51mph is the usual point for the matter to be dealt with at court. (Some forces are a little higher)

From what you say it seems that you may just scrape in with a fixed penalty (3 points £100).


Thanks. I hope so. Although isn't the fine band B your weekly wage rather than fixed at £100?

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Jlc
post Mon, 18 Jun 2018 - 09:39
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QUOTE (diversity @ Mon, 18 Jun 2018 - 10:27) *
I'm also curious, although this isn't relevant to my actual circumstances. IF points were to take you to 12 meaning a 6 month ban but 3 points were due to expire for totting up, and in fact would be expired by the time you actually got to court, what that be likely to make a difference to the ban at all?

Not relevant to me as 6 points would take me to 9 but I'm curious because of my 3 points expiring.

It's the date of offence that matters. So even if the points had 'expired' by the time of the court hearing it doesn't help.

QUOTE (diversity @ Mon, 18 Jun 2018 - 10:27) *
Although isn't the fine band B your weekly wage rather than fixed at £100?

A fixed penalty, is well, fixed. The weekly wage part only comes into play at court.


--------------------
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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diversity
post Mon, 18 Jun 2018 - 09:48
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QUOTE (diversity @ Mon, 18 Jun 2018 - 10:27) *
Although isn't the fine band B your weekly wage rather than fixed at £100?


A fixed penalty, is well, fixed. The weekly wage part only comes into play at court.


Ah ok thanks. I didn't realise that. I shall keep my fingers crossed that it comes in as band B and it's fixed.

My own stupid fault though.

If it is band C does anyone have any idea of the likely hood of a ban? As in is it 50/50 or do they usually make an example of you for being so stupid?
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Jlc
post Mon, 18 Jun 2018 - 09:58
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If the matter did go to court then just over 50 isn't likely to be a ban but could be. (It usually requires a few more mph to increase that likelihood)


--------------------
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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BaggieBoy
post Mon, 18 Jun 2018 - 09:58
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You don't seem to be quite getting it, Band B/C only come into play if the offence goes to court. If you were going 50 or less, then it will not go to court (unless you want it to) and you will be offered a fixed penalty (which is always £100 and 3 points)
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Jlc
post Mon, 18 Jun 2018 - 10:00
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Indeed, the A/B/C scale doesn't align to how the force issue fixed penalties.

However, it a few mph can make a large difference as just tipping over the fixed penalty threshold can make a drastic difference in points and cost...

This post has been edited by Jlc: Mon, 18 Jun 2018 - 10:00


--------------------
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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diversity
post Mon, 18 Jun 2018 - 10:09
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No I get it. thumbsup.gif But it's going to be hit and miss as to whether it comes in at over or under 51mph. So it looks like that could be a deciding factor on fixed penalty or court. So I'm curious on the likelihood of a ban if it does go to court.

Thanks


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The Rookie
post Mon, 18 Jun 2018 - 11:20
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For 51, a ban (except for totting) isn't going to happen, realistically 55 plus is where a ban becomes more likely than points.


--------------------
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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Jlc
post Mon, 18 Jun 2018 - 11:22
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Indeed, without some serious aggravating factors 6 points is the likely outcome. Although, if one was sitting on 6 points they'd want to sway the bench for a short ban, probably...

You don't get to choose but the bench are mostly human.


--------------------
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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diversity
post Mon, 18 Jun 2018 - 11:39
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Great thanks for your help everyone. I guess I just sit and wait now then.
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diversity
post Sun, 1 Jul 2018 - 02:20
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I really hope I don't jinx myself here, but yesterday was day 15 and not had anything through the post yet.

I know I'm not guaranteed to be out the woods yet so still holding my breath (VERY TIGHTLY), but here's hoping I've had a lucky escape.

I'm usually pretty careful but am being even more so now so definitely lesson learned whatever the outcome!
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bill w
post Sun, 1 Jul 2018 - 09:20
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QUOTE (diversity @ Sun, 1 Jul 2018 - 03:20) *
I really hope I don't jinx myself here, but yesterday was day 15 and not had anything through the post yet.

I know I'm not guaranteed to be out the woods yet so still holding my breath (VERY TIGHTLY), but here's hoping I've had a lucky escape.

I'm usually pretty careful but am being even more so now so definitely lesson learned whatever the outcome!


Hopefully, you hold the V5c yourself, and the address is 100% correct; broadly speaking, it's only the initial NIP that needs to arrive within 14 days.
I'm sure others will correct my slack wording.
Good Luck
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666
post Sun, 1 Jul 2018 - 09:47
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QUOTE (diversity @ Mon, 18 Jun 2018 - 10:13) *
Thanks everyone.

Yes, I drove past a mobile camera van on Friday. I'm usually really careful about speed limits, but stupidly was distracted by already having a bad day. The road is very wide and straight (military) but is pedestrianised so it's a 30 but that feels painfully slow and if you do 30 all the cars pile up behind you and you feel like you're annoying them. I looked down and am ashamed to say my speedo said just over 50. I wouldn't usually be going that fast.

I really didn't realise I was going that fast and it didn't feel unsafe. Obviously with a pedestrianised road I know it is unsafe though.


OP, what exactly do you mean by a "pedestrianised road"? That normally means one where motor vehicles are prohibited entirely ...
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diversity
post Sun, 1 Jul 2018 - 13:35
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QUOTE (666 @ Sun, 1 Jul 2018 - 10:47) *
QUOTE (diversity @ Mon, 18 Jun 2018 - 10:13) *
Thanks everyone.

Yes, I drove past a mobile camera van on Friday. I'm usually really careful about speed limits, but stupidly was distracted by already having a bad day. The road is very wide and straight (military) but is pedestrianised so it's a 30 but that feels painfully slow and if you do 30 all the cars pile up behind you and you feel like you're annoying them. I looked down and am ashamed to say my speedo said just over 50. I wouldn't usually be going that fast.

I really didn't realise I was going that fast and it didn't feel unsafe. Obviously with a pedestrianised road I know it is unsafe though.


OP, what exactly do you mean by a "pedestrianised road"? That normally means one where motor vehicles are prohibited entirely ...


Oops, yes I see how I worded that now. I meant that the road has pavements that are used by pedestrians, hence the 30mph limit for their safety.


QUOTE (bill w @ Sun, 1 Jul 2018 - 10:20) *
QUOTE (diversity @ Sun, 1 Jul 2018 - 03:20) *
I really hope I don't jinx myself here, but yesterday was day 15 and not had anything through the post yet.

I know I'm not guaranteed to be out the woods yet so still holding my breath (VERY TIGHTLY), but here's hoping I've had a lucky escape.

I'm usually pretty careful but am being even more so now so definitely lesson learned whatever the outcome!


Hopefully, you hold the V5c yourself, and the address is 100% correct; broadly speaking, it's only the initial NIP that needs to arrive within 14 days.
I'm sure others will correct my slack wording.
Good Luck


Yes I am the registered keeper and I know the details on the log book are correct, I've owned the vehicle for many years and lived at the same address for many years. So the only reason there could be a problem is if it went astray in the post somehow. Which of course is possible dry.gif
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diversity
post Sun, 15 Jul 2018 - 18:15
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Just giving an update here as I guess it's handy to know how many times this happens, but also asking one last question just in case.

To save reading the back posts, I went past a speed camera van on 15th June and was stupidly going too fast. My car is registered in my name and I have owned the car and lived at my current address for many years.

A month later I have not heard anything so am assuming I was lucky. (Feel slightly guilty as of course I was speeding and shouldn't have been!! But am of course very relieved).

My final question is if by any chance things have simply been lost in the post so this ends up with further correspondence saying I failed to respond, how long down the line would this likely to come through? I'm assuming there is a time limit and this would be within 6 months as opposed to weeks? Or would I expect to hear shortly after the 28 days given to initially respond? (Basically still holding my breath right now sad.gif )

i would also like to thank all those who have responded to my post with advice. I've been following various topics on this forum now and want to say what a great forum with very good knowledge and advice given!!! icon_thumleft.gif
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