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Notice of Intended Prosecution
Realistt
post Tue, 18 Jun 2019 - 22:54
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Hi all,

I've just receieved the attached through the post.

I was not aware of the speed at the time of the offence - as it looks like they have recently changed (not sure how recent) to 20mph, rather than the 30mph! See attached also.

I also do not remember getting flashed at all. Any chance for me to ask for the photographic evidence prior to filling the form behind it requesting details of driver etc.

I've got a clean licence, have never had any points.

What do you think the outcome will be? & any way of getting out of it?!




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post Tue, 18 Jun 2019 - 22:54
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666
post Wed, 19 Jun 2019 - 05:14
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QUOTE (Realistt @ Tue, 18 Jun 2019 - 23:54) *
Hi all,

I've just receieved the attached through the post.

I was not aware of the speed at the time of the offence - as it looks like they have recently changed (not sure how recent) to 20mph, rather than the 30mph! See attached also.

I also do not remember getting flashed at all. Any chance for me to ask for the photographic evidence prior to filling the form behind it requesting details of driver etc.

I've got a clean licence, have never had any points.

What do you think the outcome will be? & any way of getting out of it?!



You are not entitled to see evidence at this stage, but if you ask for photos "to help identify the driver" they will probably oblige. Any photo provided may not be one relied on as evidence. Note that this does not stop the clock on the 28 days to respond.

The outcome will be as stated in the NIP: you may be offered an educational course. If not, or you decline that, there is a fixed penalty of £100 and 3 points.

Nothing you have said suggests a way of getting out of it.
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morrisman
post Wed, 19 Jun 2019 - 07:03
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The A10 camera near Farliegh Road (as per the NIP) is clearly posted as 20mph
https://www.google.com/maps/@51.5555013,-0....6384!8i8192
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Realistt
post Wed, 19 Jun 2019 - 08:29
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666 - I have just called up and there are no images of the driver, just the rear of the car.

Morrisman - yes it is now - it did used to be 30mph, not sure how long ago though..

This post has been edited by Realistt: Wed, 19 Jun 2019 - 11:59
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Jlc
post Wed, 19 Jun 2019 - 08:42
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QUOTE (Realistt @ Wed, 19 Jun 2019 - 09:29) *
it did used to be 30mph, not sure how long ago though..

Looks like January 2018.


--------------------
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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Realistt
post Wed, 19 Jun 2019 - 12:02
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Yes - probably right.

What's the situation when a driver cannot be identified, or if i cannot remember who was driving? for instance.
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BaggieBoy
post Wed, 19 Jun 2019 - 12:18
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QUOTE (Realistt @ Wed, 19 Jun 2019 - 13:02) *
What's the situation when a driver cannot be identified, or if i cannot remember who was driving? for instance.

You (as the RK) will likely have to defend a Failing to Furnish charge, found guilty and will see you with 6 points, large fine and costs and MS90 code on your driver's record. Insurance costs will likely rise sharply as insurance companies hate MS90. Just saying you can't recall the driver isn't likely to work as a viable defence.

Probably best you don't go down that route.
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Jlc
post Wed, 19 Jun 2019 - 12:22
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QUOTE (Realistt @ Wed, 19 Jun 2019 - 13:02) *
What's the situation when a driver cannot be identified, or if i cannot remember who was driving? for instance.

We have a dedicated thread for those that turn simple speeding matters into prison sentences.

But upon receiving the s172 request you are to use reasonable diligence to identify the driver. If you do not unequivocally name the driver then the matter will go to court.

If can convince the court you did not know who was driving and could not identify them with the aforementioned diligence then you'll 'get off'. Although, the prize for conviction is set out in the previous post.

This post has been edited by Jlc: Wed, 19 Jun 2019 - 12:22


--------------------
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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666
post Wed, 19 Jun 2019 - 12:24
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QUOTE (BaggieBoy @ Wed, 19 Jun 2019 - 13:18) *
QUOTE (Realistt @ Wed, 19 Jun 2019 - 13:02) *
What's the situation when a driver cannot be identified, or if i cannot remember who was driving? for instance.

You (as the RK) will likely have to defend a Failing to Furnish charge, found guilty and will see you with 6 points, large fine and costs and MS90 code on your driver's record. Insurance costs will likely rise sharply as insurance companies hate MS90. Just saying you can't recall the driver isn't likely to work as a viable defence.

Probably best you don't go down that route.

... Particularly as your original post makes it pretty clear that you were indeed the driver.
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NewJudge
post Wed, 19 Jun 2019 - 12:32
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QUOTE (Realistt @ Wed, 19 Jun 2019 - 13:02) *
What's the situation when a driver cannot be identified, or if i cannot remember who was driving? for instance.

You will have to show that you did not know who was driving and could not, having exercised "reasonable diligence" do so.

So, how many possible drivers were there? You need to start making enquiries of them to see if they can help you. You need to try to recall what you (and the others) were doing at the relevant time. If you turn up in court (and it will go to court) and simply say you cannot remember you will almost certainly be convicted. Convincing the court that you cannot establish who was driving is a difficult hurdle to clear. If it was easy everybody would try it.

That speed will see the driver offered a course or, if she or he does not qualify for one or doesn't fancy it, a fixed penalty of £100 and three points is the alternative. EIther, I would suggest, would be infinitely preferable to a conviction for failing to provide the driver's details. Whilst deliberately naming somebody you know was not driving is an offence, naming the most likely driver when you are not 100% sure is not. As mentioned, though, your original post did not seem to convey any doubt that you were the driver.

This post has been edited by NewJudge: Wed, 19 Jun 2019 - 12:37
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The Rookie
post Wed, 19 Jun 2019 - 12:44
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Turning 3 points into 3+ months....
http://forums.pepipoo.com/index.php?showtopic=120923


--------------------
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
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Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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