PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Can I avoid a ban
Chalky
post Fri, 17 Mar 2006 - 00:54
Post #1


New Member


Group: Members
Posts: 3
Joined: 17 Mar 2006
Member No.: 5,036



I am in need of you guys specialist knowledge - this is my situation, and having spoken to 2 alleged specialist solicitors I am now more confused as to the action I should take ...

. The name of the Constabulary: avon and Somerset
2. Date of the offence: 20/2/06
3. Date of the NIP: 1/03/06
4. Date you received the NIP:3/03/06 (I think!)
5. Location of offence (exact location as it appears on the NIP: important): "M5 Northbound J19-20 Marker Post 157/5 (Camera 6)"!
6. Was the NIP addressed to you?: Yes (although my address wasn't quite right) - wrong town but correct postcode
7. Was the NIP sent by first class post, second class or recorded delivery?: 1st class I think (NOT REC.DEL though)
8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? If not then what is your relationship with the vehicle?: I am RK
9. How many current points do you have? :3
10. Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons.:
Was driving northbound at 7pm on motorway with roadworks and temporary reduction down to 40. Clocked doing 71. Few other cars around and all three lanes in use - obviously no-one working on roadworks at that time!

I am only recently down to 3 pts and need to drive for my occupation (drive around 30k per year). Obviously concerned about a likely instant ban - possibly MORE worried about 6 points which would leave me on 9, and reduced to driving like a member of the blue-rinse brigate for a couple of years.

The first solicitor I spoke with suggested (but didn't recommend!) that I don't complete the S172 form. IE fail to identify. In addition, they would challenge "other aspects" of the prosecution, meaning it would be "unlikely" to go to court, and even if it did, then only 3 pts and a fine

My thoughts, and echoed by the second solicitor I have spoken to are quite simply: Admit offence, and appeal to sympathy of court - I believe I have a strong case for a short ban/no ban (my occupation is dependent on me driving, I am the sole breadwinner, I have a young daughter and heavily pregant wife, I employ 2 members of staff who's jobs would be jeopardised, previously good record of driving considering mileage).

I don't want to get into even deeper water than already in! I understand that if convicted of failing to identify the driver, as I am the registered keeper, then the CPS/Constabulary are likely to then try and pursue me for the offence of speeding ASWELL!

From this forum, i feel that the PACE approach would be a good first start - so far I have DONE NOTHING.

Unclear as to the benefit of PACE - Is this an approach likely to result in the case being dropped, or is it the first step in an intricate legal ballroom dance?!

Any advice or suggestions would be greatly appreciated!

Chalky
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Fri, 17 Mar 2006 - 00:54
Post #


Advertise here!









Go to the top of the page
 
Quote Post
andy_foster
post Fri, 17 Mar 2006 - 02:07
Post #2


Member
Group Icon

Group: Life Member
Posts: 24,213
Joined: 9 Sep 2004
From: Reading
Member No.: 1,624



Do you know what type of camera caught your vehicle?
If it took pictures from the rear, I'd be very tempted to take the 3 points for failing to provide the driver's details.

The mags' guidelines suggest 6 points or a short (14-56 day) ban for between 66 and 75 in a 40 limit.
I doubt that mitigation would get you less than 6 points - leaving you on 9 points.

Obviously, if you try to beat the system and somehow* fail, you should expect no mercy.

[* IMHO, you'd have to try pretty hard to be convicted of speeding if you don't name yourself as the driver]


--------------------
Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
Go to the top of the page
 
+Quote Post
anton
post Fri, 17 Mar 2006 - 07:16
Post #3


Member


Group: Members
Posts: 1,751
Joined: 12 Aug 2004
From: hampshire
Member No.: 1,514



jamsieboy? recentlly went up for 73 in a 40 and negotiated it down to 68.
He put a strong mitigation about 2 disabled parents and driving 80 miles a day to work
he got £100 fine , 6 points, £35 costs.

Anton


--------------------
Go to the top of the page
 
+Quote Post
Chalky
post Fri, 17 Mar 2006 - 09:05
Post #4


New Member


Group: Members
Posts: 3
Joined: 17 Mar 2006
Member No.: 5,036



Thanks for responses... Gatso Camera from rear...

Tempting thought - was slightly put off hearing that insurance premiums often rocket 3xpremium if done for failing to identify (already pay around £850pa for my motor!)
Go to the top of the page
 
+Quote Post
andy_foster
post Fri, 17 Mar 2006 - 12:24
Post #5


Member
Group Icon

Group: Life Member
Posts: 24,213
Joined: 9 Sep 2004
From: Reading
Member No.: 1,624



http://www.confused.com


--------------------
Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
Go to the top of the page
 
+Quote Post
g_attrill
post Fri, 17 Mar 2006 - 15:01
Post #6


Member


Group: Members
Posts: 2,248
Joined: 12 Oct 2003
From: Hants, UK
Member No.: 412



QUOTE (Chalky @ Fri, 17 Mar 2006 - 09:05) *
Thanks for responses... Gatso Camera from rear...

Tempting thought - was slightly put off hearing that insurance premiums often rocket 3xpremium if done for failing to identify (already pay around £850pa for my motor!)


Some (a few) refuse to insure, others increase it, others either treat it like a SP30 or ignore it completely. As mentioned try some quotes on confused.com.

Gareth


--------------------
Found anything useful? Become a BB&G!
Go to the top of the page
 
+Quote Post
Blackbird
post Fri, 17 Mar 2006 - 19:07
Post #7


Member


Group: Members
Posts: 6,181
Joined: 10 Aug 2003
Member No.: 200



QUOTE
Some (a few) refuse to insure, others increase it, others either treat it like a SP30 or ignore it completely
Personal experience - clean license before s172 conviction, van insurance +0%, motorcycle +25%.

Regards


--------------------
Go to the top of the page
 
+Quote Post
Chalky
post Fri, 17 Mar 2006 - 19:23
Post #8


New Member


Group: Members
Posts: 3
Joined: 17 Mar 2006
Member No.: 5,036



Can anyone shed any light on the claims by specialist motoring lawyers whom I spoke to, claiming they could get even get me out of the conviction for Failing To Identify The Driver through legal wranglings.

One lawyer claimed a "100% success rate" and the other cited only 2 failures out of "dozens" - one of which was cos the defendent already sent back the NIP admitting he was the culprit!

Am I right to be wary of the claims of these "specialist" motoring solicitors.

Many thanks
Go to the top of the page
 
+Quote Post
Blackbird
post Fri, 17 Mar 2006 - 19:33
Post #9


Member


Group: Members
Posts: 6,181
Joined: 10 Aug 2003
Member No.: 200



QUOTE
Am I right to be wary of the claims of these "specialist" motoring solicitors.
Yes excl.gif


--------------------
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 23:17
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here