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On 3 points , just received 2 SP50 Nips on the same day
mongipumps
post Mon, 6 Aug 2018 - 08:13
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I need some advice please. I am already on 3 points for a sp50 from March of this year. On Friday 3rd August I came home to 2 NIP, one from WYP and one from NYP . One was for doing 80 in a 70 and was from a speed camera stationary van . The other was from variable speed cameras on M1 northbound junction 39 to 42, 96 mph in a 70. I m unsure about what it means. Am I going to court? I read that I can receive 4-6 points on the 96 mph one which may take me 12 points. There is no mention of court on them . Will I be going to court ? How big are the fines ? . I live 45 miles away from work and need to make sure I can get to work. As you can tell I m panicking
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post Mon, 6 Aug 2018 - 08:13
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peterguk
post Mon, 6 Aug 2018 - 08:17
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When did you last do a Speed Awareness Course? If around 3 years ago, what was the offence date?


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mongipumps
post Mon, 6 Aug 2018 - 08:23
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I think that option has sailed ...just before Christmas last year . There is no mention of taking me to court , will they be deciding what to hit me with for the 96mph one ? I am aware of hardship , impact on others argument if I go to 12 points on totting up rule . Is a waiting game as I havnt sent the forms back yet .
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Jlc
post Mon, 6 Aug 2018 - 08:28
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Failing to send the forms back will definitely see you tot as that's 6 points each.

Yes, the 96mph can only be dealt with at court and you'll have to hope they give 5 points. Should you tot then you have the opportunity to submit an exceptional hardship plea to reduce the 6 months ban, potentially to none. The impact on others carries more weight.

QUOTE (mongipumps @ Mon, 6 Aug 2018 - 09:13) *
How big are the fines ?

Guideline (for a guilty plea) is 66% of weekly earnings, costs of £85 and surcharge of 10% of the fine (min £30).


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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

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Mon, 6 Aug 2018 - 09:04
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4 offences in 8 months? In the spirit of being helpful you have to slow the 'heck' down, at that rate you'll having your totting offence within another 2 months. As it is you need to stay squeaky clean for nearly 3 years now.

It may help to do the NIP wizard (link top right) for both offence sin the unlikely event a defence to either comes to light.


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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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mongipumps
post Mon, 6 Aug 2018 - 09:41
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I am actually pretty ashamed to be fair, your advice is well yealded . I m just not sure what to do . Obviously send the forms back today, but do I get a solicitor now or when I know if I am going to court. On the 96mph nip it doesn't say " your off to court " .
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Jlc
post Mon, 6 Aug 2018 - 09:45
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No, they don't say anything about how it's going to be processed - at this stage it's all about nominating the driver. Indeed, you may not hear anything for around 5-6 months (or even a little longer).

Just when you think they've forgotten about it the court paperwork drops on your mat.

A solicitor is probably not necessary for a guilty plea/EH plea unless you have something specific?


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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

Private Parking - remember, they just want your money and will say almost anything to get it.
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mongipumps
post Mon, 6 Aug 2018 - 09:52
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So I m guessing that at this moment I just sign the forms and send back . Then wait to see what will happen. The 80 in the 70 One will issue 3 points, then I m on 6 points. So the 96 in70 one is the make or break is that correct . Thanks guys . I am grateful for the advice
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nosferatu1001
post Mon, 6 Aug 2018 - 10:02
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Yes, all you can do is sign and send back, unless you want to almost certainly lose your licence NOW by getting two FtF charges at 6 points each on your licence.

Yes of course it is corect
1mph slower you would most likely have gotten a FPN and 3 points, as it is court is the likely option.
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Jlc
post Mon, 6 Aug 2018 - 10:09
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Yes, CoFP's are usually offered up to 95mph. 96mph is almost the worst possible speed to be caught at as the matter progresses to court and the sentence being far more severe than the 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

Private Parking - remember, they just want your money and will say almost anything to get it.
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mongipumps
post Mon, 6 Aug 2018 - 10:36
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Well, I will send back right away today . Just from anyone's experience , what punishments are most likely to be handed out in the 96 One? Hard to be specific I know as it case to case . But just wondering . Thanks guys
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Jlc
post Mon, 6 Aug 2018 - 10:55
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QUOTE (mongipumps @ Mon, 6 Aug 2018 - 11:36) *
Just from anyone's experience , what punishments are most likely to be handed out in the 96 One? Hard to be specific I know as it case to case .

Post #4 covers it. Guideline for 91-100 is 4-6 points - 96 is likely to be 5 points but 6 is possible.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Mon, 6 Aug 2018 - 11:02
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Yes, the 96mph one is the crucial one, there is a reasonable chance you will get 5 points rather than 6 but it is going to be a long 5 or 6 months for you until you get a court date. Quite why they take so long is a mystery, but that is what seems to happen in most cases. In court the line to take will be that this is really a wake up call and made you reassess your whole approach to driving, 5 points will be a constant reminder for the best part of three years to keep to limits and avoid the possibility of any other offence, whereas if disqualified, your slate will be wiped clean and you will be driving again in 6 months. You do not need a solicitor to say that for you, it is likely to come across with greater sincerity if you say it yourself.

Apart from starting your reformed behaviour, the other thing to do over the waiting period is to think about what other travel options you might have if the worst happens, bearing in mind that with such an accumulation of offence in such a short time the bench are unlikely to be overly sympathetic towards you. Work out also what you could say in an exceptional hardship argument, bearing in mind that hardship to others carries more weight than to yourself and losing your job is probably not enough in itself. You might also want to think about actually changing jobs if you could find one that was more accessible.


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The Rookie
post Mon, 6 Aug 2018 - 11:05
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QUOTE (The Rookie @ Mon, 6 Aug 2018 - 10:04) *
It may help to do the NIP wizard (link top right) for both offence sin the unlikely event a defence to either comes to light.

Before you send the forms back and lose the information.......


--------------------
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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mongipumps
post Mon, 6 Aug 2018 - 11:26
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Thanks guys. I m off to the post office now to send both forms . The wizard wasn't much help as didn't take me to any answers. Guess it's just a waiting game. My brother reccomened me a solicitor who works with footballers to reduce sentences . I m an honest guy so I think representation of myself would go down better and cheaper . I will keep you all updated when there is further progress . What ban could they give me for 12 points totting up ? Is it a set 6 months . All speculation I m sure, but at least I can go back to my missus with some expectations and make my way back off sleeping on the sofa ....Thanks guys
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southpaw82
post Mon, 6 Aug 2018 - 11:29
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A totting ban is a minimum of 6 months, but a longer ban is not normally imposed, assuming it’s your first. The ban can be reduced (potentially to nil) by an exceptional hardship plea.

This post has been edited by southpaw82: Mon, 6 Aug 2018 - 11:29


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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.
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NewJudge
post Mon, 6 Aug 2018 - 11:43
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QUOTE (mongipumps @ Mon, 6 Aug 2018 - 12:26) *
My brother reccomened me a solicitor who works with footballers to reduce sentences .

I take it neither your brother nor you has more money than sense.
QUOTE (mongipumps @ Mon, 6 Aug 2018 - 12:26) *
I m an honest guy so I think representation of myself would go down better and cheaper .

It will certainly be cheaper biggrin.gif . Some schools of thought suggest that an Exceptional Hardship plea is better "coming from the heart" of the individual concerned rather than somebody being paid. For what it's worth, with your speed in the middle of the 91 to 100mph range which the 4-6 point band covers, I think you would be unfortunate to receive six points and my money would be on five.
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jdh
post Tue, 7 Aug 2018 - 12:22
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QUOTE (NewJudge @ Mon, 6 Aug 2018 - 12:43) *
Some schools of thought suggest that an Exceptional Hardship plea is better "coming from the heart" of the individual concerned rather than somebody being paid. For what it's worth, with your speed in the middle of the 91 to 100mph range which the 4-6 point band covers, I think you would be unfortunate to receive six points and my money would be on five.
This is bar room talk from a former magistrate but he often said if he had someone in front of him with an expensive lawyer then it was a safe bet that a fine wasn't going to worry them too much but the other options could.
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The Rookie
post Tue, 7 Aug 2018 - 13:40
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QUOTE (mongipumps @ Mon, 6 Aug 2018 - 12:26) *
Thanks guys. I m off to the post office now to send both forms . The wizard wasn't much help as didn't take me to any answers.

It wouldn’t have given us an amount of information to,see if we could help, but seeing as how you don’t want to......


--------------------
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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