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andy_foster
Posted on: Thu, 19 Apr 2018 - 08:24


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QUOTE (Jlc @ Wed, 18 Apr 2018 - 18:13) *
I can’t see a basis for a defence.


QUOTE (kanikuly77 @ Wed, 18 Apr 2018 - 14:40) *
I was guaranteed that it won't go to court and that I can still attend the Speeding awarness course, and also confirmed that the 7 days extension period was logged on the system and attached to my case.


Abuse of process (albeit weaker than a cup of British Rail tea).

That said, my money's on a combination of the OP's version of events being as accurate as a witness statement from Jeffrey Archer and the unnamed solicitors being equally honest and accurate.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375553 · Replies: 21 · Views: 928

andy_foster
Posted on: Tue, 17 Apr 2018 - 19:38


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QUOTE (martynd7 @ Tue, 17 Apr 2018 - 19:49) *
Can anyone tell me why I haven't been given the choice of a speed awareness course


No.

edit: Yes, you were going too fast - limit for SACs is 10% + 9mph over the limit.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375183 · Replies: 10 · Views: 511

andy_foster
Posted on: Fri, 13 Apr 2018 - 19:33


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Off the top of my head, where applicable, second class is deemed served 5 days after posting (or possibly on the following working day if day 5 is not a working day), unless the contrary is proven.
  Forum: Speeding and other Criminal Offences · Post Preview: #1374295 · Replies: 21 · Views: 1,505

andy_foster
Posted on: Mon, 9 Apr 2018 - 19:39


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QUOTE (coffee pot @ Mon, 9 Apr 2018 - 20:20) *
I have now reviewed the paperwork. It states a printing date of 26/3/18,


Does it really?
  Forum: Speeding and other Criminal Offences · Post Preview: #1373084 · Replies: 87 · Views: 4,444

andy_foster
Posted on: Sun, 8 Apr 2018 - 12:21


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QUOTE (coffee pot @ Sun, 8 Apr 2018 - 12:44) *
I received a letter dated 26 March 2018 with a summons for exceeding the speed limit and a contravention of S172 - not identifying the driver.



QUOTE (coffee pot @ Sun, 8 Apr 2018 - 13:01) *
Thank you - I don't want to focus on the letter at this stage, just the timing.


If you want people to give up their own time providing free legal advice on your case one issue at a time, perhaps you could start by giving us the relevant facts, not making stuff up - assuming of course that you have not actually received a summons.
  Forum: Speeding and other Criminal Offences · Post Preview: #1372793 · Replies: 87 · Views: 4,444

andy_foster
Posted on: Sat, 7 Apr 2018 - 22:02


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They have to be "issued" within 6 months. The law has not yet stated what exactly "issued" means, but when it does it will almost certainly not mean "served".
  Forum: Speeding and other Criminal Offences · Post Preview: #1372710 · Replies: 27 · Views: 3,624

andy_foster
Posted on: Sat, 7 Apr 2018 - 21:57


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QUOTE (Blue23 @ Fri, 6 Apr 2018 - 22:00) *
Hi all, I’m new here so please excuse any stupidity in terms of my questions. smile.gif


As Mr Garrison, famously said, "there are no stupid questions"...

QUOTE
I have today received a NIP stating I was doing 91mph on a dual carriage way at the end of May. Now, I don’t dispute that I was speeding and am an absoltue idiot for doing so no excuses! However I know for a fact that I was not doing 91mph purely because i looked at my speedometer as soon as I turned the bend and saw thee van and saw it between 80-85. So my question is how accurate are these cameras?


You seem to have beaten me to the punchline. However, the obvious answer is that your question is simply utterly irrelevant for the reasons others have already given. The fixed penalty that you will be offered is the same for both speeds. As you "know for a fact" that you were not doing that speed, then clearly the camera must have been inaccurate, but I very much dount that you would be able to persuade anyone other than yourself of that "fact".

QUOTE
Could my own speedometer be out by that much?


Anything is possible. You would be committing a construction and use offence if your speedo was under-reading. However, it seems far more likely that your assessment that you are an idiot is correct than that your speedo actually is under-reading. The easiest way to test it would be to compare it to the speed displayed on a sat-nav.

QUOTE
I no I am wrong for speeding, my own fault for being distracted and tired. No excuses at all and I understand I need to pay a fine and receive points buy after research the 91 puts me into the next bracket according to new legislation. Now that would mean I was being further penalised.


As has been stated, your understanding is flawed (not helped by the deliberately misleading headlines in the mass media).

QUOTE (The Rookie @ Sat, 7 Apr 2018 - 10:33) *
You can not plead not guilty to the offence of speeding (the actual speed only determines the punishment) as you’ve admitted it


Whilst I do not think it is prudent for the OP to plead not guilty, I am slightly concerned that there appears to be a significant gap in my own understanding of the law pertaining to the prohibition of persons admitting to an offence on an online forum from pleading not guilty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1372709 · Replies: 28 · Views: 1,387

andy_foster
Posted on: Sat, 7 Apr 2018 - 21:36


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QUOTE
(3) Where a relevant prosecutor issues a written charge and a requisition, the written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.


If "issue" means "serve", the first part of this requirement would appear to be somewhat otiose.
  Forum: Speeding and other Criminal Offences · Post Preview: #1372704 · Replies: 76 · Views: 4,245

andy_foster
Posted on: Tue, 3 Apr 2018 - 23:39


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He lives in 'the big house'? No mention of that on Fox News...
  Forum: The Flame Pit · Post Preview: #1371718 · Replies: 466 · Views: 50,384

andy_foster
Posted on: Tue, 3 Apr 2018 - 23:33


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Ahh. It makes sense now (other than why the OP put Scotland - but OPs say strange things).
  Forum: Speeding and other Criminal Offences · Post Preview: #1371716 · Replies: 6 · Views: 554

andy_foster
Posted on: Tue, 3 Apr 2018 - 22:56


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QUOTE (southpaw82 @ Tue, 3 Apr 2018 - 16:28) *
Name the (most likely) driver without equivocation or defend the matter in court.


If the most likely driver is 'uncooperative', simply naming them without any equivocation, qualification of explanation could be problematic - unless the OP can rely on the prosecution being unable to prove that he did not name the driver.
  Forum: Speeding and other Criminal Offences · Post Preview: #1371710 · Replies: 7 · Views: 624

andy_foster
Posted on: Tue, 3 Apr 2018 - 22:46


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Unless I've missed something, there has never been a Scottish unsigned case which has gone to trial - the PF has always dropped the case once he has seen the whites of the accused's eyes - unless there have been further developments that I've missed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1371706 · Replies: 6 · Views: 554

andy_foster
Posted on: Mon, 2 Apr 2018 - 18:50


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If trying to trace a debtor against whom you have a judgment for £8000 isn't a 'reasonable excuse', then there is something very wrong with the system.
  Forum: The Flame Pit · Post Preview: #1371403 · Replies: 24 · Views: 1,324

andy_foster
Posted on: Wed, 28 Mar 2018 - 20:43


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If step-son wants advice, perhaps he could post here himself with the full true story, rather than you posting a version that you don't think is true?
If he doesn't want help, then this becomes even more pointless.
  Forum: Speeding and other Criminal Offences · Post Preview: #1370647 · Replies: 25 · Views: 2,949

andy_foster
Posted on: Wed, 28 Mar 2018 - 19:30


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Does anybody happen to know the length of the suspended enforcement period for an FPN issued under Part 3 of the Road Traffic Offenders Act 1988? I'll give you a clue, it's less than 22 days.
  Forum: The Flame Pit · Post Preview: #1370631 · Replies: 16 · Views: 959

andy_foster
Posted on: Tue, 27 Mar 2018 - 18:08


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QUOTE (bama @ Tue, 27 Mar 2018 - 17:00) *
Anyone who thinks that "if you have nothing to hide you have nothing to fear" is a sound argument, it isn't it is a false dichotomy - and I will be around tomorrow to fit cameras in your bathroom....


I prefer "come and have a go if you think you're hard enough"
  Forum: The Flame Pit · Post Preview: #1370323 · Replies: 24 · Views: 968

andy_foster
Posted on: Mon, 26 Mar 2018 - 23:15


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Unfortunately that is the most sense you've made today.
  Forum: Speeding and other Criminal Offences · Post Preview: #1370115 · Replies: 19 · Views: 1,542

andy_foster
Posted on: Mon, 26 Mar 2018 - 22:54


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For courses it is the dates of the offences, not the date the course was taken that matters (unless the offences have different courses - e.g. 20 limits, motorways, Wednesdays, etc.).

Assumiong that you are not eligible for another course, you should get a COFP (fixed penalty offer) for speeds of up to 25 over any limit of 40 or higher. 17 is not usually more than 25.
  Forum: Speeding and other Criminal Offences · Post Preview: #1370109 · Replies: 10 · Views: 950

andy_foster
Posted on: Mon, 26 Mar 2018 - 20:46


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QUOTE (notmeatloaf @ Mon, 26 Mar 2018 - 21:13) *
There are lots of pieces of legislation that don't apply to the OP's case, it would be tedious to list them all.


But only one which provides a defence from inadequate signage. It does not apply to the OP's case, but it is relevant to debunk the twaddle you posted.

QUOTE
The law is very simple


Not simple enough for some it seems...

QUOTE
a non-special road with a system of streetlighting is 30mph unless their is signage indicating a higher limit.


The law does not say that. It is 30mph unless a TRO (other other applicable order) makes it otherwise. Such a limit can be higher or lower than 30mph. Signs do not create a limit (other than in rolling roadworks where the TRO specifies the limit as applying between the signs).

QUOTE
So in the OP's case the limit could only be 20mph, 30mph or 40mph depending on what signs the OP did or didn't see.


Drugs are bad, m'kay?

QUOTE
The police have chosen the most advantageous one for the OP.


The police chose what now?
  Forum: Speeding and other Criminal Offences · Post Preview: #1370062 · Replies: 19 · Views: 1,542

andy_foster
Posted on: Mon, 26 Mar 2018 - 19:01


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QUOTE (cp8759 @ Thu, 22 Mar 2018 - 03:03) *
You could run a technical defence on the grounds that if the 40 mph zone is not correctly signposted you can't be convicted of exceeding the 40 limit (This relies on the magistrates accepting that the 40 mph limit isn't sufficiently well signposted, which they might or might not accept),


And what does the statutory defence regarding inadequate signage say about street lighting? If you can't guess, the answer is in s. 85(4) RTRA 1984.
  Forum: Speeding and other Criminal Offences · Post Preview: #1370020 · Replies: 19 · Views: 1,542

andy_foster
Posted on: Mon, 26 Mar 2018 - 18:47


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Some of us are less concerned about privacy online than others.
  Forum: The Flame Pit · Post Preview: #1370016 · Replies: 24 · Views: 968

andy_foster
Posted on: Sat, 24 Mar 2018 - 12:29


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Unless you can cobble together some kind of viable defence (e.g. the prosecution make an utter horlix of their case and the court don't 'verlook' any fatal flaws), the only legal way to avoid getting 12 points is to somehow persuade the police to drop one or more of the offences. Unlikely to succeed, but probably worth a try considering what you will otherwise face.
  Forum: Speeding and other Criminal Offences · Post Preview: #1369623 · Replies: 6 · Views: 890

andy_foster
Posted on: Thu, 22 Mar 2018 - 23:09


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I fail to see why the company not being able to be given points makes it somehow likely that an officer of the company who also cannot be given points would be prosecuted - particularly as we have no reason to believe there is any evidence of connivance. I do not recall ever hearing of such a prosecution on these forums.
  Forum: Speeding and other Criminal Offences · Post Preview: #1369309 · Replies: 19 · Views: 1,295

andy_foster
Posted on: Thu, 22 Mar 2018 - 22:08


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QUOTE (cp8759 @ Thu, 22 Mar 2018 - 21:48) *
I would have thought the paperwork would include some sort of assurance that, providing the course is satisfactorily completed within the appropriate time-frame, the police will not prosecute. Nobody would do a course if they thought the police might prosecute anyway. IMO an abuse of process application is likely to succeed, as I take the view that, if the court agrees it is a single offence that has been observed twice, it would offend the court's sense of justice and propriety (in the ex parte Bennett sense) to allow a prosecution to go ahead.


As the police have issued 2 NIPs and told the OP that they are treating it as 2 separate offences (because they caught him twice), it would be very difficult to argue that the OP believed they would not prosecute if he completed a course.

  Forum: Speeding and other Criminal Offences · Post Preview: #1369287 · Replies: 25 · Views: 2,664

andy_foster
Posted on: Thu, 22 Mar 2018 - 22:01


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Lots of offences are possible if you assume a set of facts entirely separate to those indicated by the OP. As a general rule, we don't do that.
  Forum: Speeding and other Criminal Offences · Post Preview: #1369284 · Replies: 19 · Views: 1,295

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