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Logician
Posted on: Yesterday, 21:38


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Have another go this time using the additional questions button, and giving a description of what happened, including alleged speed and limit if it was speeding
  Forum: Speeding and other Criminal Offences · Post Preview: #1443370 · Replies: 1 · Views: 122

Logician
Posted on: Thu, 13 Dec 2018 - 16:28


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Very probably the number plate has been misread, and unfortunately the number it was thought to be is your car, you should be able to check that if you are sent the photo, assuming they send the photo if the speeding has been dropped. Although if that is so it might incline the court to be more sympathetic, it is not a defence to a s.172 charge. The registered keeper of your car should have been in a position to respond to a s.172 request relating to it, but was not because of a failure to update the address. Check all the dates carefully when you get further information, there may be a defence of sorts arising from the timing.
  Forum: Speeding and other Criminal Offences · Post Preview: #1442116 · Replies: 15 · Views: 912

Logician
Posted on: Wed, 5 Dec 2018 - 23:08


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QUOTE (andyphoto65 @ Wed, 5 Dec 2018 - 14:24) *
I have read on many web sites including RAC and AA that in order to use a mobile phone as a sat-nav legally, you need to pre-program it before setting of and not touch it while driving, but there is no mention of this in the act.


The RAC web site is often wrong on legal matters, and will not allow corrections to be posted on their forum.

  Forum: The Flame Pit · Post Preview: #1439956 · Replies: 34 · Views: 1,287

Logician
Posted on: Wed, 5 Dec 2018 - 12:14


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QUOTE (andyphoto65 @ Wed, 5 Dec 2018 - 11:15) *
So far, this is only a hypothetical question, I have not been stopped for this yet, but I believe I am breaking the law, along with probably thousands of others, so just wanted to check if my understanding of this is correct.


It isn't, as explained.

  Forum: The Flame Pit · Post Preview: #1439781 · Replies: 34 · Views: 1,287

Logician
Posted on: Tue, 4 Dec 2018 - 17:31


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The terminal signs are immediately after traffic lights, are on the small size, and have no backing board. I am sure they comply but could be made more noticeable if you really want people to slow down over the bridge.
  Forum: Speeding and other Criminal Offences · Post Preview: #1439589 · Replies: 12 · Views: 1,015

Logician
Posted on: Tue, 4 Dec 2018 - 15:43


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We see quite a few people caught out by that limit, there was once an issue with the signs but they are now compliant, although not very noticeable. The 20 mph speed awareness course is a different animal to the general one, so having done the general one in the last three years would not make you ineligible for a 20mph one.
  Forum: Speeding and other Criminal Offences · Post Preview: #1439518 · Replies: 12 · Views: 1,015

Logician
Posted on: Tue, 4 Dec 2018 - 11:22


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Dear Motoring Criminal

We haven't got all day to spend photoshopping pictures for you, take this to court and we will do a special one for you and a self-appointed expert, who might just happen to be one of our retired colleagues, will testify that our equipment and procedures are 100% reliable. He charges a lot for this service, and his expenses are considerable after he takes us all out in the evening, but the court may give you time to pay. Go on loser, make our day!

By the way troublemaker, we have noted your details, and next time your speed will double. Look at it this way, you may not have been speeding this time, but it makes up for all the other times you were and got away with it.

TO PROTECT AND SERVE
  Forum: Speeding and other Criminal Offences · Post Preview: #1439397 · Replies: 26 · Views: 2,062

Logician
Posted on: Mon, 3 Dec 2018 - 22:22


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QUOTE (Korting @ Mon, 3 Dec 2018 - 22:18) *
I've emailed Nott Police twice using the email address they suggested: camera.enquiries@nottinghamshire.pnn.police.uk but have not had the courtesy of a response, let alone the photographs. I wonder why? Could it be that they know the car wasn't going at the speed the allege and that they just rely on us folding at the first hurdle.


Seems very unlikely, even at the most cynical level, they hardly need to invent speeders, there are plenty genuine ones about.

  Forum: Speeding and other Criminal Offences · Post Preview: #1439312 · Replies: 26 · Views: 2,062

Logician
Posted on: Mon, 3 Dec 2018 - 00:56


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For 29 in a 20 limit you are going to get just 3 points anyway, so the only difference will be financial. The amount will be 50% of your net weekly income, less 33% for a guilty plea, plus 10% surcharge (min £30) plus £85 costs. You can certainly say that if you had seen the mail then you would have responded to it and then got a fixed penalty notice instead of court, and ask to be dealt with at the fixed penalty rate, the court may be sympathetic but may consider that you contributed to it by making no arrangements for your mail to be re-directed or picked up.
  Forum: Speeding and other Criminal Offences · Post Preview: #1439060 · Replies: 21 · Views: 2,283

Logician
Posted on: Sun, 2 Dec 2018 - 18:59


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So if we guess that this is linked to your other post and guess you were caught by speeding by a camera and offered a fixed penalty but failed to send off your licence so it is now going to court, and guess that your 9 points were for offence in the last three years, the minimum number of points for speeding is 3 even if the court is lenient, then you will have 12 points and will become a totter.

That will mean you will be disqualified for a minimum of 6 months unless you can convince the court that exceptional hardship will be caused to you or someone else by your disqualification. That is not just the hardship that anyone would suffer, not even losing your job, but more than that. That is more easily established if someone suffers, for instance if you have a partner or family who depend in some way on you driving. If you tell us your circumstances we can advise.
  Forum: Speeding and other Criminal Offences · Post Preview: #1439007 · Replies: 12 · Views: 588

Logician
Posted on: Sun, 2 Dec 2018 - 18:48


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You can have issues with it, but can do nothing about it. Presumably they offered you a conditional fixed penalty and you failed to comply with the conditions, and the consequence is that it is now going to court, that happens quite a lot.
  Forum: Speeding and other Criminal Offences · Post Preview: #1438999 · Replies: 12 · Views: 588

Logician
Posted on: Sat, 1 Dec 2018 - 22:46


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I think if you readily admit your mistake and correct it, you are likely to just have the original offence considered.

QUOTE
I do live near enough that i could drive there and put it in the P.O. box myself. Any idea if that would work.


There will not be a physical box available to the public, it just means that Royal Mail can easily collect that mail together and deliver it. If there is a phone number, ring them on Monday and offer to bring it in to meet their deadline or post it first class immediately.
  Forum: Speeding and other Criminal Offences · Post Preview: #1438857 · Replies: 5 · Views: 735

Logician
Posted on: Sat, 1 Dec 2018 - 16:10


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Realistically you have no effective defence, just saying you never thought you were above 45 is not going to get you anywhere at all, so you might as well get the benefit of the discount for pleading guilty, and as it is more convenient as well, no contest. I doubt whether a minor motoring offence is going to influence your immigration status.
  Forum: Speeding and other Criminal Offences · Post Preview: #1438772 · Replies: 8 · Views: 741

Logician
Posted on: Sat, 1 Dec 2018 - 16:05


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Well yes, I remember the good sergeant telling us that just before he left Essex police they went to using fixed penalties up to 55 in a 30, perhaps they have raised limits for the higher speeds as well, go for it peppapig!
  Forum: Speeding and other Criminal Offences · Post Preview: #1438771 · Replies: 18 · Views: 561

Logician
Posted on: Sat, 1 Dec 2018 - 15:19


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QUOTE (NewJudge @ Sat, 1 Dec 2018 - 15:14) *
QUOTE (peppapig2020 @ Sat, 1 Dec 2018 - 14:48) *
I will fill in the mitigation section and put to go to court.
What mitigation to the speeding offence are you thinking of mentioning?


Do not put what I suggested earlier, that would only be appropriate if your speed was at the level where a fixed penalty would be considered, ie below 75 in a 50 limit.

All you can realistically say is that it was a moment of inattention, you did not notice the reduced speed limit indicated, and apologise.




  Forum: Speeding and other Criminal Offences · Post Preview: #1438757 · Replies: 18 · Views: 561

Logician
Posted on: Sat, 1 Dec 2018 - 14:43


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QUOTE (BaggieBoy @ Sat, 1 Dec 2018 - 14:25) *
QUOTE (peterguk @ Sat, 1 Dec 2018 - 14:15) *
So far they have no driver nomination for the speeding charge.
According to the OP they have replied:
QUOTE
I found out about the NIP because it was sent to my parent's address. I filled it in and sent it off


Indeed, all the implications are that they have accepted a late nomination of the driver and are pursuing the speeding offence alone, but the OP is being a little vague about what he has been sent. The 6 points mentioned might just be stated as the maximum for the offence, along with possible disqualification and a fine, but without more specific input from the OP it is just guesswork.

  Forum: Speeding and other Criminal Offences · Post Preview: #1438746 · Replies: 18 · Views: 561

Logician
Posted on: Sat, 1 Dec 2018 - 13:47


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QUOTE
I received a SINGLE JUSTICE PROCEDURAL NOTICE police report. It says reason for prosecution - insufficient time to process COFPN


That implies that a fixed penalty would have been given if the response had been earlier. Is there any mention of a s.172 offence?
  Forum: Speeding and other Criminal Offences · Post Preview: #1438735 · Replies: 18 · Views: 561

Logician
Posted on: Sat, 1 Dec 2018 - 13:01


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QUOTE
Were you driving? - Unsure
Do you know who was driving? - Yes


What does that mean?

If you accept that you were the person most likely to have been driving, you can fill in the form you will have been sent with the single justice procedure notice and indicate a guilty plea.

Then in the mitigation section explain that you did not see the form as you were not living at your home at the time as it had water damage, and when you saw the notice and responded there was insufficient time to process a COFPN. Request therefore that the court follow the guideline when a fixed penalty cannot be issued for administrative reasons and sentence you at the fixed penalty rate.
  Forum: Speeding and other Criminal Offences · Post Preview: #1438720 · Replies: 18 · Views: 561

Logician
Posted on: Fri, 30 Nov 2018 - 19:48


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QUOTE (wwstwh @ Fri, 30 Nov 2018 - 18:59) *
Hello, everyone. Here's my situation: Licence held for 14 years, with three points on it from a fine in June this year. In the last 14-20 days or so I have somehow managed to be flashed THREE further times by stationary cameras: > 48 in a 30 > 43 in a 30 > 36 in a 30 The first two were by the SAME camera just days apart


Return the two from the same camera together and enclose a letter asking if they could possibly be treated as a single offence, since you had not had the first NIP by the time you committed the second offence and had no chance to correct your driving, some forces will do that. Both those are too fast for a course to be offered but should attract a fixed penalty. For 36 in a 30 you should be offered a course provided you have not done one for an offence in the last three years and that this was not in Scotland.

  Forum: Speeding and other Criminal Offences · Post Preview: #1438561 · Replies: 13 · Views: 1,112

Logician
Posted on: Fri, 30 Nov 2018 - 18:33


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The law is indeed a real problem for long slow-moving vehicles, but it is what it is. If sufficiently far across the junction, the driver might not even be aware that the lights had changed to red. I would hope that the police and/or courts would apply the law pragmatically, rather than rigidly, because it is obviously better to clear the junction than to stop across it.
  Forum: Speeding and other Criminal Offences · Post Preview: #1438535 · Replies: 7 · Views: 787

Logician
Posted on: Thu, 29 Nov 2018 - 23:24


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No, the offence is committed if any part of your vehicle crosses the stop line when the lights are red (or indeed amber unless it would be unsafe to stop, although this is not often prosecuted).

If the time you crossed the line was not too long into the red phase, you may be offered a course rather than a fixed penalty; at the other end of the spectrum, a long time into the red might result in the offence being referred to the court. From your description of what happened, a course sounds like a possibility. You have to pay for that but avoid any points on your licence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1438357 · Replies: 7 · Views: 787

Logician
Posted on: Thu, 29 Nov 2018 - 17:33


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From the police or from the local council?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1438288 · Replies: 22 · Views: 673

Logician
Posted on: Thu, 29 Nov 2018 - 12:55


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Because people think it is a clever wheeze to name an uncontactable overseas resident as the driver of their car when they receive a NIP, they are inviting you to change your nomination and admit you were driving. You should not do that unless you were driving, as that is perverting the course of justice, but correcting your nomination is unlikely to see you prosecuted. If your friend did insure himself, there should be no difficulty in him providing you with the necessary details as requested, it will not be sufficient for you to simply give details of the website he may have used.

If he was not insured, you are likely to be prosecuted for permitting him to drive with no insurance, you have quoted the maximum penalty but in practice you might get a fixed penalty of 6 points and £300, or in court 6 points, an income related fine, surcharge and costs.
  Forum: Speeding and other Criminal Offences · Post Preview: #1438210 · Replies: 10 · Views: 755

Logician
Posted on: Wed, 28 Nov 2018 - 17:10


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You question whether you should ask for photo evidence, but from what you say, there was no camera, simply a police officer who said he saw you jump the lights so why do you think any photo might exist? With most speed and red light offences now being detected by camera, there tends to be a feeling that a photograph is required, but that is certainly not the case. If you think there was a camera, by all means ask for a photo, but chances are there is not.

We often hear from drivers who are 100% sure that they did not go through a red light, but if there is a camera and a photo arrives, they are amazed to find it does show them jumping the light. If you dispute this and there is no photo, your feeling that you did not go through on red is going to count for little against the officer's evidence that you did.

You will not of course be offered a speed awareness course, since you were not speeding, more likely a "What's Driving Us" course.
  Forum: Speeding and other Criminal Offences · Post Preview: #1437992 · Replies: 5 · Views: 692

Logician
Posted on: Mon, 26 Nov 2018 - 14:19


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QUOTE (Lmaria @ Mon, 26 Nov 2018 - 14:07) *
QUOTE (cp8759 @ Mon, 26 Nov 2018 - 14:01) *
At the moment all you need to do is return the form naming the driver. You must do this regardless of whether you were speeding or not.
Yes i will send all the details today, not trying to get away from it btw. It just seems impossible as i just looked up at the van specs and it takes about 12-13 secs to reach 62... i took a left turn about half a mile before so basically started from 0mph Thanks


I see no harm in adding a note that you see from the still they supplied that the cross hairs are on the red car, whereas you were driving the grey van.

  Forum: Speeding and other Criminal Offences · Post Preview: #1437264 · Replies: 19 · Views: 1,562

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