PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

451 Pages V   1 2 3 > » 

Logician
Posted on: Today, 16:54


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (mdann52 @ Mon, 24 Sep 2018 - 17:43) *
Silly question, but did you only name one person on the form, fill in all the boxes and didn't add any comments indicating any doubt over the driver (ie. I think it was me)?


or in this case, "I think it was him"

If your ex will come to court and say he knows you posted the reply nominating him as driver, or were certainly intending to, then that would be helpful. If he cannot say that, then there is nothing he could do to help even if he was willing to.

  Forum: Speeding and other Criminal Offences · Post Preview: #1419323 · Replies: 18 · Views: 222

Logician
Posted on: Today, 16:48


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


You say it was highly likely you were driving and may have gone over the limit for over taking, but not as fast as 65mph. SPECS average speed cameras are highly accurate as noted, so the speed is very likely correct, but actually that is not important, because the exact speed does not matter, you have been offered a fixed penalty, which would be the same if you were doing a lower speed. As you admit you were driving and probably speeding, you would be foolish to try to challenge this in court on the basis of nothing more than you do not think you were exceeding the limit by quite that much. Take the fixed penalty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1419322 · Replies: 5 · Views: 90

Logician
Posted on: Yesterday, 21:59


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


He is 23 and has been driving for 8 years?
  Forum: Speeding and other Criminal Offences · Post Preview: #1419076 · Replies: 8 · Views: 595

Logician
Posted on: Yesterday, 19:58


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (gangsta1 @ Sun, 23 Sep 2018 - 19:33) *
Worried as to what punishments is as obviously 47 in a 30 doesn’t sound great without the context of the 50 zone. NIP ATTACHED PLEASE HELP. Any help appreciated


Actually the same punishment as 37 in a 30, a fixed penalty of £100 + 3 points.

  Forum: Speeding and other Criminal Offences · Post Preview: #1419045 · Replies: 7 · Views: 351

Logician
Posted on: Yesterday, 14:45


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (Dr.E @ Sun, 23 Sep 2018 - 12:22) *
Just realised the registration number on the nip is also incorrect. A private registration is on the vehicle, legitimately registered. However the old / previous registration number is on the nip/s172 letter.


Well there is a mystery, if the police letter said, as we are told:

Offence - Driving without due care and attention
Reported to police by member of public
Car registration given.

how did this member of the public, unless gifted with psychic powers, look at a car bearing a cherished registration plate and report an incident to the police using the number the car used to have but no longer carries?

What date does the s.172 request refer to, and how does that compare to the date the plate was changed? Perhaps this refers to a different incident before the plate was changed?



  Forum: Speeding and other Criminal Offences · Post Preview: #1418991 · Replies: 40 · Views: 1,706

Logician
Posted on: Sat, 22 Sep 2018 - 22:27


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


In the unlikely event he does get disqualified it would only be for a very short period which he could possible cover with annual leave. He does need to tell his employers though, because if not disqualified he will get 6 points. It looks better to tell them in advance rather than after the event. It may be that he is required to attend to enable disqualification to be considered, this does not mean it is a foregone conclusion. If that happens post again and we can advise further.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418905 · Replies: 8 · Views: 595

Logician
Posted on: Sat, 22 Sep 2018 - 22:20


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


Nope, no NIP needed, it is not the sort of offence where the manner of driving needs to be recalled.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418903 · Replies: 11 · Views: 863

Logician
Posted on: Fri, 21 Sep 2018 - 20:32


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (Incandescent @ Fri, 21 Sep 2018 - 20:30) *
.........the magistrates always believe the police...


Now there you are quite wrong.

  Forum: Speeding and other Criminal Offences · Post Preview: #1418728 · Replies: 44 · Views: 1,711

Logician
Posted on: Fri, 21 Sep 2018 - 14:38


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (Machio26 @ Fri, 21 Sep 2018 - 15:29) *
Should I ring the court and ask them if they'll be asking me to enter a plea after my SD ?


Why? If they do you plead not guilty, and they either give you a date for a trial or say you will be notified, if they do not ask you say nothing. They are not going to launch into a trial there and then.

  Forum: Speeding and other Criminal Offences · Post Preview: #1418650 · Replies: 18 · Views: 819

Logician
Posted on: Fri, 21 Sep 2018 - 14:27


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


No, you still have it about face. The standard method of deciding on whether an offence has been committed is a court hearing and if guilt is established, then there is guidance as to the sentence. A fixed penalty is a reduction from the standard fine for those who accept their guilt. If some people who do not accept their guilt nevertheless choose not to contest the charge and accept a fixed penalty to avoid taking time off work, arranging childcare and generally avoiding the hassle of a court appearance, then that is their choice. Do you want to deny that to them?

Clearly you have either been exceptionally unlucky or there is something amiss in the way NYP carry out speed enforcement on motorbikes. A letter suggesting a review of their methods and improved training for officers would seem to be well justified.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418646 · Replies: 44 · Views: 1,711

Logician
Posted on: Fri, 21 Sep 2018 - 14:11


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


There may be other witnesses
  Forum: Speeding and other Criminal Offences · Post Preview: #1418641 · Replies: 40 · Views: 1,706

Logician
Posted on: Thu, 20 Sep 2018 - 13:35


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


If this was in England/Wales it very likely to be charged as careless not dangerous, to keep it in the magistrates' court, amongst other reasons. You have to try really hard to get up to the dangerous driving level in England, quite different in Scotland.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418328 · Replies: 10 · Views: 557

Logician
Posted on: Thu, 20 Sep 2018 - 13:26


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


Remember to take the car off the road and SORN it if you go to jail. On the bright side you are only actually inside for half of your nominal sentence, save on living expenses and no doubt make interesting new friends. Just don't bend over in the shower.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418322 · Replies: 6 · Views: 336

Logician
Posted on: Thu, 20 Sep 2018 - 11:01


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


It is a necessary pre-condition of doing a deal that she is charged with both offences, otherwise she cannot plead guilty to the red light offence. The point is it would be very hard to convict her of the red light offence unless she pleads guilty because there is no evidence she was driving the car, so in the extremely unlikely event the prosecutor refuses a deal she would maintain her not guilty plea and there would be no conviction. She does not have to plead guilty just because she is, it is up to the prosecution to prove guilt. The fact is that prosecutors regard the two offences as de facto alternatives, and prefer a conviction for the underlying offence. Your concerns are misplaced.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418264 · Replies: 33 · Views: 1,257

Logician
Posted on: Thu, 20 Sep 2018 - 10:53


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


It is very true that 50 and 60 on the overhead gantries are difficult to distinguish until the last moment and that may well have led to you believing you were in a 60 when it was actually 50.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418260 · Replies: 8 · Views: 242

Logician
Posted on: Wed, 19 Sep 2018 - 21:52


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


There are a few areas that offer a fixed penalty up to 55 in a 30 limit, so you might be lucky. If not and you are dealt with at court you can ask for time to pay.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418184 · Replies: 9 · Views: 451

Logician
Posted on: Wed, 19 Sep 2018 - 15:12


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


Are you certain it was you driving on both occasions?
  Forum: Speeding and other Criminal Offences · Post Preview: #1418099 · Replies: 15 · Views: 489

Logician
Posted on: Wed, 19 Sep 2018 - 13:38


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


I have no idea what has happened here.

1. You say you admitted, mistakenly, that you were driving. If you did that within the 28 day time limit, you would not have been taken to court, for 59 in 50 you would have been offered a course or a fixed penalty. The only reason you would go to court would be for not giving the name of a driver within 28 days.

2. But you say the offence is described as exceeding 50mph speed limit.

3. What 21 day time limit did you have to reply to what? (Clearly this was not the first NIP, so not the 28 day limit) Was this to reply to the single justice procedure notice? Have you now replied, if so what did you say?

4. What 6 months time limit do you mean?
  Forum: Speeding and other Criminal Offences · Post Preview: #1418077 · Replies: 19 · Views: 738

Logician
Posted on: Wed, 19 Sep 2018 - 10:49


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


Your exceptional hardship plea should include anyone adversely affected by you not being able to drive, besides yourself. This will include:

1. Your partner, as you work together and you provide the technical expertise
2. You are not clear if there are two employees in addition, but I assume not
3. Your customers/clients if they would not easily be able to do without you, as you are travelling all over the country at all hours it sounds as though you provide an important service to them
4. Any other family members or friends who depend on you driving
5. Any charitable or voluntary organisations ditto.

Be prepared for questions about what you could do instead of driving, for instance your partner driving as you already work together, use public transport, operate by phone or email and so on. If you are disqualified it takes effect immediately, so do not plan to drive home.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418001 · Replies: 66 · Views: 2,848

Logician
Posted on: Tue, 18 Sep 2018 - 19:46


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


It is of concern as the police would only want to know the name of the driver if there was some allegation of an offence, but what offence is anyone's guess. If it was a minor accident the police might take no action once they have put the parties in touch with each other, you are not aware of an accident but perhaps someone alleges you grazed his car when turning round for instance. Only time will tell, but not completing the form unequivocally naming the driver is a serious offence in itself.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417824 · Replies: 24 · Views: 1,006

Logician
Posted on: Tue, 18 Sep 2018 - 16:32


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (Jlc @ Tue, 18 Sep 2018 - 17:22) *
With 'no income' they use a default minimum weekly figure of £120 for which you'd also get a 33% discount for a guilty plea. (They've used a figure of £440 right now)


The OP says he works full time, as well as being a student.

  Forum: Speeding and other Criminal Offences · Post Preview: #1417741 · Replies: 14 · Views: 422

Logician
Posted on: Tue, 18 Sep 2018 - 16:00


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


You can make an SD within 21 days of coming aware of a court hearing which you were not previously aware of. The police can now do nothing about it, you have been sentenced by a court. After being sentenced by the court you can ask for time to pay, that applies to the £350 or any amount set at a new hearing.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417724 · Replies: 14 · Views: 422

Logician
Posted on: Tue, 18 Sep 2018 - 15:47


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


If you make the SD and plead guilty you will be dealt with again by a court and, as SP says there is no obvious reason why they should sentence you at the fixed penalty rate, so it will probably be in accordance with guidelines, which is 50% of your net weekly income, less 33% for your guilty plea, plus surcharge of 10% (minimum £30) plus £85 costs. If that is more than £350 there is no advantage in making the SD, if it is less there is but you have to decide whether it is worth the bother. Best not to ignore these things.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417716 · Replies: 14 · Views: 422

Logician
Posted on: Tue, 18 Sep 2018 - 15:35


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


There is a very slight advantage in doing a course for the earlier one, because it means you will be eligible again for a course a month earlier.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417712 · Replies: 15 · Views: 489

Logician
Posted on: Tue, 18 Sep 2018 - 15:32


Member


Group: Members
Posts: 11,475
Joined: 28 Mar 2010
Member No.: 36,528


They are more like driver instructory people.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417711 · Replies: 15 · Views: 955

451 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Monday, 24th September 2018 - 18:24
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.