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Speeding Scotland, Unsigned still work?
fast boy
post Wed, 11 Oct 2017 - 19:16
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Have tried to copy the NIP wizard but failed apologises. Also tried search but it only brought up old cases.

Caught on the A9 doing 70 in 60 by average speed camera.

Car registered in wife's name form originally sent to her and she named me as driver.

Offence was 3 rd of July and I have spun it out as long as possible have asked for photos etc. They are now looking for an answer with usual threats.

Is the unsigned route still working in Scotland?

I have used it in the past with success but not for sometime now.

Thanks

Fast boy
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post Wed, 11 Oct 2017 - 19:16
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The Rookie
post Wed, 11 Oct 2017 - 20:14
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Yes, nothing has changed with respect to unsigned.

You probably didn't use the additional questions button, if you don't the wizard doesn't work.


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fast boy
post Tue, 17 Oct 2017 - 09:57
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Thanks Rookie

What are they doing these days are they sending a summons to go to court where it is dropped? Or is it just quietly dropped?

Reason I ask is I live 200 miles from the court so would be better to pay the fixed penalty rather than taking a day off work.

Could not see any recent cases in the completed cases section or would not ask.

Ta
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BaggieBoy
post Tue, 17 Oct 2017 - 10:45
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QUOTE (fast boy @ Tue, 17 Oct 2017 - 10:57) *
Could not see any recent cases in the completed cases section or would not ask.

Hardly anyone posts speeding cases in there, I wouldn't use the lack of them as a basis for your decision.
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Logician
post Tue, 17 Oct 2017 - 11:10
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If you live in Scotland the police are sometimes persistent in trying to get you to sign, in England they do not seem to try more than once.


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samthecat
post Tue, 17 Oct 2017 - 11:28
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QUOTE (Logician @ Tue, 17 Oct 2017 - 12:10) *
If you live in Scotland the police are sometimes persistent in trying to get you to sign, in England they do not seem to try more than once.


Isn't that just because the unsigned loophole was closed off in England a while ago?


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peterguk
post Tue, 17 Oct 2017 - 11:43
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QUOTE (samthecat @ Tue, 17 Oct 2017 - 12:28) *
QUOTE (Logician @ Tue, 17 Oct 2017 - 12:10) *
If you live in Scotland the police are sometimes persistent in trying to get you to sign, in England they do not seem to try more than once.


Isn't that just because the unsigned loophole was closed off in England a while ago?


I think L meant if the offender lives in England they give up early on. (Offence occurred in Scotland)


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Logician
post Tue, 17 Oct 2017 - 13:49
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QUOTE (peterguk @ Tue, 17 Oct 2017 - 12:43) *
QUOTE (samthecat @ Tue, 17 Oct 2017 - 12:28) *
QUOTE (Logician @ Tue, 17 Oct 2017 - 12:10) *
If you live in Scotland the police are sometimes persistent in trying to get you to sign, in England they do not seem to try more than once.
Isn't that just because the unsigned loophole was closed off in England a while ago?
I think L meant if the offender lives in England they give up early on. (Offence occurred in Scotland)


Exactly, it seems that if in England they get a request from Scotland a somewhat bemused PC may be sent out to try to get a signature. In Scotland they are more familiar with the situation and may try a couple of times, have even been known to go to the workplace. I imagine even more so now it is all one force area.



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samthecat
post Tue, 17 Oct 2017 - 14:02
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Ok. Makes sense when I engage my brain!


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fast boy
post Tue, 17 Oct 2017 - 19:45
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Ok think I will go unsigned again and see what happens.

Be annoying to get 6 points though given only 70 in a 60 on the A9!
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The Rookie
post Thu, 19 Oct 2017 - 05:13
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I note you say spun it out as long as possible, if you are outside the 28 days to reply you may well have already committed the S172 offence, so unsigned may not be a benefit to you now.


--------------------
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 8-0 PPC's
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fast boy
post Thu, 19 Oct 2017 - 17:06
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Rookie

All my responses and my wife's have been within the 28 day limit.

Fast boy
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andy_foster
post Thu, 19 Oct 2017 - 19:16
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QUOTE (fast boy @ Thu, 19 Oct 2017 - 18:06) *
All my responses and my wife's have been within the 28 day limit.


(My emphasis). Herein lies the problem. If you did not name the driver within 28 days beginning with the date of service, you have committed the offence, regardless of whether or not it was signed, etc. If you are able to 'keep them talking', they are unlikely to prosecute for failing to provide the information within the 28 days, and if they offered you extra time, and you complied with their requirements, it would be an abuse of process to prosecute (assuming that abuse of process applies in Scotland). However, if they allowed you extra time to provide a signed nomination and you send an unsigned nomination, you could come unstuck.


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fast boy
post Fri, 20 Oct 2017 - 14:37
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Ahh OK so what you are saying is I should have gone unsigned at the first opportunity. Not gone on to ask for photos etc to delay the process.

So I should just take the points now?
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TonyS
post Fri, 20 Oct 2017 - 14:54
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Not necessarily, but your unsigned response needs to be returned with the 28 days required by the original request (request to you that is), or possibly within any extension of time that has been explicitly offered to you. The point being that if your response is late than that can be prosecuted as failure to provide the information, whether signed or not.

Are you outside the 28 days?
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