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HELP!, Caught doing 36 in a 30 4 times in 5 weeks
J2Kay
post Sun, 16 Feb 2020 - 05:28
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Hi hope someone can help,

I drive a company vehicle, I have been driving for 15 yrs and have up until now I have only 3 points.
It’s looking as though I may well be facing a ban.
My first offence occurred on 5 Nov 19 in Leicestershire and I was doing 37 in a 30, there was quite a delay in me finding about this and I didn’t find out until well into the new year at which point I have found out that I had committed another 3 offences almost identical, ranging from 36 in a 30 to 37, all on roads I do not know in LINCS.
I didn’t have much chance of being more aware and changing my driving style etc as the offences had been committed by the time I found out about them.

Is there anything I can do? What am I looking at?
Any way round this? Please help.


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post Sun, 16 Feb 2020 - 05:28
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The Rookie
post Sun, 16 Feb 2020 - 06:32
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You’ll be offered an awareness course for one and fixed penalties of 3points/£100 for the others.

Assuming that is you are currently on a clean licence? (Please complete the NIP wizard as linked to in the ‘read this first before posting’ sticky).

If you already have 3 or more points you are looking at a six month ban.

You could reply all in one envelope with a letter along the lines you hint at, chance of success is close to zero but it won’t cost anything to try.

You’ll now need to dry like Miss Daisy is next to you for three years.


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J2Kay
post Sun, 16 Feb 2020 - 06:59
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What are the chances of keeping my license under special circumstances if I go to court given I pay my mothers mortgage and have a job in which I have to drive?

Would magistrates look at any mitigating factors in the offences or are things more black and white than that?
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Jlc
post Sun, 16 Feb 2020 - 08:39
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Should you reach 12 points (that is based on offences within 3 years based upon the offence date) then you’ll have the opportunity to present an exceptional hardship plea at court.

How the points where gained are not considered.

Only whether the hardship is beyond that reasonably foreseeable. Losing a job, in itself, may not be sufficient. However, the impact on others can carry more weight.

I presume you’ve been caught on restricted roads where there is a system of street lighting - which is a 30mph limit unless signed otherwise. A begging letter to the force is worth a try.


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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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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J2Kay
post Sun, 16 Feb 2020 - 08:52
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What impact does the lighting have?
I have been offered an awareness course for 1 of them is it too late to contest that one?


Here’s the details for one of em.

Btw thanks for the responses it’s all helpful stuff.




Date and time : 24/01/20 @ 13:57pm

Location : A151 Main Road, Whaplode

Alleged Offence : Exceeding 30mph speed limit (recorded speed 36mph)

This post has been edited by J2Kay: Sun, 16 Feb 2020 - 09:05
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Jlc
post Sun, 16 Feb 2020 - 09:36
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The limit starts at the terminal signs - here or here from the other direction.

Camera is here.

There is a system of streetlighting - which in the absence of any other speed limit sign it is a restricted road (30mph).

QUOTE (J2Kay @ Sun, 16 Feb 2020 - 08:52) *
I have been offered an awareness course for 1 of them is it too late to contest that one?

What do you mean by contest?

You can still ask the Force to consider dropping some of the offences on the basis the notifications took a while to arrive - not giving you the opportunity to adjust your driving. However, the law does not give you the opportunity for this as you should know the limits and to comply - but don't ask, don't get.


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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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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J2Kay
post Sun, 16 Feb 2020 - 09:42
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Whom would i write to and ask?

Are there any loopholes I can exploit?
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Jlc
post Sun, 16 Feb 2020 - 09:44
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QUOTE (J2Kay @ Sun, 16 Feb 2020 - 09:42) *
Whom would i write to and ask?

Whoever is issuing you the tickets. Usually best to return multiple driver notifications with a note to consider as described above.

QUOTE (J2Kay @ Sun, 16 Feb 2020 - 09:42) *
Are there any loopholes I can exploit?

If the speed measurement was correct (Truvelo's are highly reliable) and signage correct then there isn't anything unless the prosecution messes up.


--------------------
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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Slapdash
post Sun, 16 Feb 2020 - 10:51
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You have 3 ponts currently.

If you take the offered course thats that one dealt with.

That leaves 2 which are most likely fixed penalty offers (have they?).

That would leave you on 9 points.

This post has been edited by Slapdash: Sun, 16 Feb 2020 - 10:52
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BaggieBoy
post Sun, 16 Feb 2020 - 10:56
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The OP says there are a total of 4 new offences, so with an existing 3 points looks like a totting up to me.
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Slapdash
post Sun, 16 Feb 2020 - 11:29
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I had read it as the 3 points currently were from the offence in November and there were "another 3 offences" subsequently.

Guess I could have misinterpreted.
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J2Kay
post Sun, 16 Feb 2020 - 13:07
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Is there a chance the camera wasn’t calibrated?

Who do I ask about this
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southpaw82
post Sun, 16 Feb 2020 - 13:42
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QUOTE (J2Kay @ Sun, 16 Feb 2020 - 13:07) *
Is there a chance the camera wasn’t calibrated?

Who do I ask about this

Even if it wasn’t, so what?


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Logician
post Sun, 16 Feb 2020 - 13:45
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QUOTE (J2Kay @ Sun, 16 Feb 2020 - 13:07) *
Is there a chance the camera wasn’t calibrated? Who do I ask about this


No one, even in the unlikely event that it is out of its calibration period it is assumed to be operating correctly unless you can prove otherwise, despite what you might read on the internet this is not a tactic that works.



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J2Kay
post Sun, 16 Feb 2020 - 14:16
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Ok well I guess I’m bang to rights and will have to take my chances in court.
I am guilty just seems harsh for the sake of 5-6 mph but I guess it’s there for a good reason.
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Jlc
post Sun, 16 Feb 2020 - 15:20
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Enforcement is at +10%+2mph (35mph).

But remember the exceptional hardship plea is totally separate to how the points were accumulated.

(Although the bench will be aware of how the points led to totting)

QUOTE (J2Kay @ Sun, 16 Feb 2020 - 14:16) *
Ok well I guess I’m bang to rights and will have to take my chances in court.

Indeed. Many posters are seem unaware of the restricted road (streetlighting) rule. Anecdotally, many caught speeding say it was in an unfamiliar area - which to me is counterintuitive as I tend to be careful somewhere I don't know.


--------------------
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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Logician
post Sun, 16 Feb 2020 - 17:26
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QUOTE (J2Kay @ Sun, 16 Feb 2020 - 14:16) *
Ok well I guess I’m bang to rights and will have to take my chances in court. I am guilty just seems harsh for the sake of 5-6 mph but I guess it’s there for a good reason.


Unless you draw the line somewhere, where do you draw the line?

If you only enforce it at over 36mph, the driver caught at 37 thinks its harsh as he was only 1mph over the de facto limit.

Speed limits are arbitrary by their very nature, but unless you had an expert panel judging the safe limit at every moment considering all possible relevant factors how could you decide a safe limit?






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The Rookie
post Mon, 17 Feb 2020 - 07:08
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QUOTE (J2Kay @ Sun, 16 Feb 2020 - 08:52) *
What impact does the lighting have?

it tells you the speed limit is 30mph unless otherwise signed, it tells you this in the Highway Code.


--------------------
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 10-0 PPC's
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