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Logician
Posted on: Yesterday, 15:42


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QUOTE (jiffster @ Sat, 19 Jan 2019 - 14:12) *
The offenses all took place within the last 3 years.


Clearly that is not the case, as otherwise you would have 12 points after the insurance offence. Please give the actual dates of the offences.




  Forum: Speeding and other Criminal Offences · Post Preview: #1453246 · Replies: 7 · Views: 309

Logician
Posted on: Yesterday, 15:38


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QUOTE
I also receive another NIP on 3/8/18 for exceeding 50mph limit (speed 61) 28/07/18 incidentally the same camera, again my wife’s car she was driving.The drivers decleration form filled in and returned after receiving the reminder. We then received the offence summary on 14/11/18.


You should have returned the form nominating your wife as the driver, and she should then have received a form addressed to her, on which she could declare she was the driver. It is not clear from what you said what exactly happened, so please explain further, bearing in mind that you and your wife are different people with different responsibilities over this matter.
  Forum: Speeding and other Criminal Offences · Post Preview: #1453245 · Replies: 13 · Views: 359

Logician
Posted on: Thu, 17 Jan 2019 - 13:09


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It is worth checking where you were actually pinged, in the 30 or 40 zone, but it is a long shot. Otherwise the situation is as explained above, so you are at real risk of having your licence revoked. How did you manage before last April?
  Forum: Speeding and other Criminal Offences · Post Preview: #1452416 · Replies: 4 · Views: 436

Logician
Posted on: Wed, 16 Jan 2019 - 17:27


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QUOTE (BertB @ Wed, 16 Jan 2019 - 16:55) *
QUOTE (Logician @ Wed, 16 Jan 2019 - 16:36) *
ask to see the prosecutor beforehand and offer to plead guilty to the two speeding offences provided the s.172 offence is dropped. You will still get 6 points but it will make less impact on your insurance premium.
Two speeding charges? The OP mentions two charges, speeding and FTF. 50/40 should result in 3pts only, assuming they do the deal.


Quite right, I misread the post

  Forum: Speeding and other Criminal Offences · Post Preview: #1452218 · Replies: 12 · Views: 710

Logician
Posted on: Wed, 16 Jan 2019 - 15:36


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It is very unlikely there was a month's delay in sending you the NIP without good reason. If you are the registered keeper, get out the V5C and check that the address shown is your full current address and that the date at the bottom of page 2 next to the doc ref number is prior to the alleged offence date. If you are leasing the vehicle you are probably not the registered keeper, it will be the finance or leasing company.
There is no point in disputing the speed measured by average speed cameras, their method of operation means there is virtually no chance of the speed being incorrect.
Unless you were very much over the limit your best bet would be to attend the hearing, ask to see the prosecutor beforehand and offer to plead guilty to the two speeding offences provided the s.172 offence is dropped. You will still get 6 points but it will make less impact on your insurance premium.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452156 · Replies: 12 · Views: 710

Logician
Posted on: Wed, 16 Jan 2019 - 14:44


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Not a chance, Not a Scooby Do!
  Forum: Speeding and other Criminal Offences · Post Preview: #1452124 · Replies: 2 · Views: 185

Logician
Posted on: Wed, 16 Jan 2019 - 12:05


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QUOTE
the vehicle is seen going through a red light 1 ½ seconds after the lights change and deemed that this would result in a hazard if you attempted to stop.


Hmm, that would be appropriate for a vehicle going through on amber, not on red. I wonder if the officer when questioned admitted that he could not be certain that the car did not go through on amber. They may think they have found a face-saving way of dropping the matter.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452020 · Replies: 22 · Views: 1,238

Logician
Posted on: Tue, 15 Jan 2019 - 22:21


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QUOTE (Starworshipper12 @ Tue, 15 Jan 2019 - 19:19) *
And also isn’t (severe) anxiety something the DVLA need to know about? Speaking from experience it makes it dangerous to be on the road while in that state, which perhaps wouldn’t be the best thing to mention in an EH plea??


Except the severe anxiety is said to have been brought on by not driving, so if he IS driving he should not be having it.

  Forum: Speeding and other Criminal Offences · Post Preview: #1451873 · Replies: 16 · Views: 642

Logician
Posted on: Tue, 15 Jan 2019 - 22:18


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Well done Sarah, it is not easy appearing in court and representing yourself to best advantage, and you got the right result. Possibly you could have been sentenced at the fixed penalty level (CoFP) but not all courts will do that anyway. For information, the woman at the keyboard was the court's legal advisor, and the three people on the bench were magistrates, who are lay volunteers. If you ever have to got to court again, for whatever reason, it will not be so intimidating next time.
Thank you for your charitable donation, and very pleased we could help you.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451870 · Replies: 34 · Views: 1,994

Logician
Posted on: Tue, 15 Jan 2019 - 14:13


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Speak to the phone company and ask for the line to be tested as you are getting continuously engaged. They have a way of getting a signal through if the phone has been left off to avoid calls.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451666 · Replies: 34 · Views: 1,975

Logician
Posted on: Tue, 15 Jan 2019 - 13:58


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You should be offered a fixed penalty of £100 + 3 points. As you do not have a UK licence, DVLA will create a driving record for you ('a ghost licence') and record the three points.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451656 · Replies: 7 · Views: 358

Logician
Posted on: Tue, 15 Jan 2019 - 00:38


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He appears to have committed four offences within a three year period, so the court would have to consider disqualification. As you say, exceptional hardship is the only reason available to him to persuade the court against disqualification, and his case for exceptional hardship would not be very persuasive unless he can perhaps get a letter from his doctor directly linking his severe anxiety to the prospect of not being able to drive, and the anxiety would have to be severe enough to be a health problem. He could find other means of attending future hospital appointments, such as using a taxi if there is no public transport, or a hospital car service.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451507 · Replies: 16 · Views: 642

Logician
Posted on: Tue, 15 Jan 2019 - 00:24


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The usual reason for something like this is that the number has been misread, but it seems unlikely that the number was misread twice in the same way, raising the possibility of a cloned plate. You have sent the police a photo of your car, have they sent you copies of their photos? As it is a motor trade car, are you sure all the paperwork is in order? Did you actually see the car outside your house at close to the relevant times, is there another key that you know of? If the matter goes to court, could you produce any witnesses to say that the car was outside your house?
  Forum: Speeding and other Criminal Offences · Post Preview: #1451502 · Replies: 22 · Views: 1,203

Logician
Posted on: Mon, 14 Jan 2019 - 02:17


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QUOTE (The Rookie @ Mon, 14 Jan 2019 - 01:57) *
There is nothing to appeal, but you can withdraw that request and ask them nicely if they will continue as before, they don’t have to but may well do.


I think he meant appeal to the police not to proceed with all the offences, as I suggested.

  Forum: Speeding and other Criminal Offences · Post Preview: #1451063 · Replies: 13 · Views: 548

Logician
Posted on: Mon, 14 Jan 2019 - 01:46


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You may find that you are prosecuted for s.172, many people have been, but so far in every case the PF has withdrawn the case at the last minute, so you have to hold your nerve.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451056 · Replies: 17 · Views: 913

Logician
Posted on: Mon, 14 Jan 2019 - 01:41


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You may get a better deal through a broker, try Adrian Flux
  Forum: Speeding and other Criminal Offences · Post Preview: #1451055 · Replies: 48 · Views: 2,059

Logician
Posted on: Sun, 13 Jan 2019 - 21:02


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I think you are right, but shop around before cancelling the policy.
  Forum: Speeding and other Criminal Offences · Post Preview: #1450971 · Replies: 48 · Views: 2,059

Logician
Posted on: Sun, 13 Jan 2019 - 14:51


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An interesting discussion but the police would very probably simply arrest anyone who appeared to be breaching the order and leave it for the court to decide whether or not they were guilty of contempt.

Meanwhile there is also a different line of approach adopted by other local authorities, see for instance SCARBOROUGH and Essex Police pre-empting a planned event in HARLOW.
  Forum: Speeding and other Criminal Offences · Post Preview: #1450892 · Replies: 32 · Views: 1,945

Logician
Posted on: Sun, 13 Jan 2019 - 14:44


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You can appeal to the police to drop the later charges on the basis that the delay in receiving the first notice meant that you had not chance to realise the speed limit on the road in question, and adapt your driving accordingly. This is an approach we have seen work in the past, but the fact that you have opted for these cases to go to court may militate against the police accepting it in this case. If they would just agree to withdraw one of the charges, that would suit your purpose of avoiding a revocation of your licence.

If both cases do proceed to court, your cause is lost. You cannot realistically expect an acquittal, and there is no basis for the court not to endorse your licence, and cannot do so with less than 3 points. The revocation of your licence is then an administrative act over which the court has no jurisdiction and the DVLA has no discretion.
  Forum: Speeding and other Criminal Offences · Post Preview: #1450890 · Replies: 13 · Views: 548

Logician
Posted on: Sun, 13 Jan 2019 - 01:52


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QUOTE (cp8759 @ Sat, 12 Jan 2019 - 21:27) *
Surely court orders have to be served to be binding on individuals, or at the very least the individuals bound by them must be made aware of their existence. AFAIK imputed knowledge applies to enactments passed by Parliament and the devolved legislatures, but not to court orders.


The orders are against "persons unknown" and are broad in scope; personal service of the injunction is dispensed with pursuant to rule 81.8 of the Civil Procedure Rules. The provision against driving in convoy would actually cover a funeral cortege, a point which has been raised with councils and police, who respond that of course the order will be applied with discretion. It is concerning that perfectly legitimate activities should be covered in this way, and the public have to rely on police discretion in applying it. I think the first such order covered the Black Country, and full details are HERE
  Forum: Speeding and other Criminal Offences · Post Preview: #1450757 · Replies: 32 · Views: 1,945

Logician
Posted on: Sat, 12 Jan 2019 - 20:37


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QUOTE (mickR @ Sat, 12 Jan 2019 - 11:48) *
Some plod are using section59 as an intimidative tool. My son was threatened with vehicle confiscation along with one other vehicle simply for being in the vicinity of a meet which wasn't actually happening and there were no other cars around. His car was not loud or anti social in any way a 6 month old factory spec car. In the OPs case, assuming the fact are exactly as described I would also question the process. To serve a s59 where there appears to be no corroberated evidence seems an abuse of authority.


The police are now obtaining court orders forbidding various activities in areas which have been used for car meets, one of those is driving in convoy which of course would not normally be anti-social or anything else. If your son and the other car drove together to an area covered by such an order, they would be breaching it. In fact it is a risk now for anyone to be even in the area of a car meet.

  Forum: Speeding and other Criminal Offences · Post Preview: #1450675 · Replies: 32 · Views: 1,945

Logician
Posted on: Sat, 12 Jan 2019 - 20:28


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Who do you think is the registered keeper? If you think it is a company, very likely the car is in fact leased and the registered keeper is the leasing company.
  Forum: Speeding and other Criminal Offences · Post Preview: #1450667 · Replies: 13 · Views: 548

Logician
Posted on: Sat, 12 Jan 2019 - 20:23


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QUOTE (polo6n2 @ Sat, 12 Jan 2019 - 18:22) *
.........it was a 2 lane road and me being a new driver at the time i thought it was a dual carriageway and was national speed limit. I didn’t know the area that I was in.


Do you mean it was two lanes in each direction, separated by a double white line between them?

People do make the mistake of thinking that is a dual carriageway, but the Highway Code is clear "A dual carriageway is a road which has a central reservation to separate the carriageways." If it does not have a central reservation it is not a dual carriageway.

  Forum: Speeding and other Criminal Offences · Post Preview: #1450663 · Replies: 12 · Views: 702

Logician
Posted on: Fri, 11 Jan 2019 - 20:53


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If she moves frequently she may be better off using a more permanent address, such as yours is (I presume). The obligation is to give an address through which she can be contacted, not necessarily one she sleeps at.


QUOTE
She regards this simply as a fine and part of the burden of personal travel rather than something useful she can learn from.

Fair enough, but she would be well advised not to say anything like that when on the course; it is possible to fail the course and the providers like to think they are providing useful information.
  Forum: Speeding and other Criminal Offences · Post Preview: #1450343 · Replies: 19 · Views: 806

Logician
Posted on: Fri, 11 Jan 2019 - 20:42


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QUOTE (Stripes @ Fri, 11 Jan 2019 - 15:24) *
Would you know which date id have to tell my insurer. Today as in the date I was convicted or June the date of speeding


QUOTE
I started my policy with them in September 2018 and if I have to say I got a SP30 in June then they'll charge me an extra 1300 in insurance. But would this not be false as the speeding was in June but i received no points until January 2019 and also the court wiped out all the MS90 and points, at the time of insuring the car in September 2018 I had no points and no conviction


Give the correct information in the way most helpful to you, such as "I now have 3 points on my licence following a conviction on 11/1/19 for an offence on 25/6/18." If they want more information to explain the long gap between the two dates they can ask for it and you can explain in full.

  Forum: Speeding and other Criminal Offences · Post Preview: #1450341 · Replies: 48 · Views: 2,059

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