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Speeding Offence (Have I got a case)
unclegazza80
post Thu, 16 Jan 2020 - 14:33
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Hi All

I have found this site and holding you guys can help me with this?

I was caught speeding at 50mph in a 30mph back in July last year and have just received my documents relating to accepting guilt or not. On the photos I have received on the original NIP there appears to be 2 timestamps on them. They appear to be different times. My question is, would this be grounds to suggest that the calibration of the laser would could also be out? I have attached the 2 photos in the links below.

http://imageshack.com/a/img924/9195/ZtOcSO.jpg
http://imageshack.com/a/img924/990/lxEZDg.jpg

Any help would be greatly appreciated.

Thanks
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post Thu, 16 Jan 2020 - 14:33
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morrisman
post Thu, 16 Jan 2020 - 14:42
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The first image is the capture shot hence the speed being displayed. The second closer image is provioded to help you know who was driving.
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NewJudge
post Thu, 16 Jan 2020 - 15:11
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QUOTE (unclegazza80 @ Thu, 16 Jan 2020 - 14:33) *
My question is, would this be grounds to suggest that the calibration of the laser would could also be out? I have attached the 2 photos in the links below.
Thanks

You could suggest that. The difficulty comes when you try to prove that it actually was out in your case because that is what you will have to do to see you acquitted. You will probably be offered a Fixed Penalty (£100 and 3 points) for that speed. If you take the matter to court that offer - which is the best you will get - will have lapsed.
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unclegazza80
post Thu, 16 Jan 2020 - 15:33
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QUOTE (morrisman @ Thu, 16 Jan 2020 - 14:42) *
The first image is the capture shot hence the speed being displayed. The second closer image is provioded to help you know who was driving.


Thank you. I'm more referring to the time stamp on the 2 photos. There is a roughly 4 minute difference on both photos. The first photo for example is showing 13:20:48 and 01:24:30.
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Jlc
post Thu, 16 Jan 2020 - 15:34
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QUOTE (NewJudge @ Thu, 16 Jan 2020 - 15:11) *
You will probably be offered a Fixed Penalty (£100 and 3 points) for that speed.

Was last July...

Sentencing guidelines are at the top of Band B - so 6 points most likely. Fine around 66% of weekly earnings and costs of £85, surcharge of 10% of the fine (min. £32)



QUOTE (unclegazza80 @ Thu, 16 Jan 2020 - 15:33) *
QUOTE (morrisman @ Thu, 16 Jan 2020 - 14:42) *
The first image is the capture shot hence the speed being displayed. The second closer image is provioded to help you know who was driving.


Thank you. I'm more referring to the time stamp on the 2 photos. There is a roughly 4 minute difference on both photos. The first photo for example is showing 13:20:48 and 01:24:30.

One is the actual time and the other is the session time.


--------------------
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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unclegazza80
post Thu, 16 Jan 2020 - 15:34
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QUOTE (NewJudge @ Thu, 16 Jan 2020 - 15:11) *
QUOTE (unclegazza80 @ Thu, 16 Jan 2020 - 14:33) *
My question is, would this be grounds to suggest that the calibration of the laser would could also be out? I have attached the 2 photos in the links below.
Thanks

You could suggest that. The difficulty comes when you try to prove that it actually was out in your case because that is what you will have to do to see you acquitted. You will probably be offered a Fixed Penalty (£100 and 3 points) for that speed. If you take the matter to court that offer - which is the best you will get - will have lapsed.


Thank you. I guess it would be difficult to physcally prove it but does the suggestion of the time being incorrect suggest that if the time is incorrect then it cannot be trusted?
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Jlc
post Thu, 16 Jan 2020 - 15:36
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But it's not incorrect...


--------------------
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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unclegazza80
post Thu, 16 Jan 2020 - 15:40
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QUOTE (Jlc @ Thu, 16 Jan 2020 - 15:36) *
But it's not incorrect...



Ah ok I didn't know why it said 2 different times thats all. What is a session time?
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Jlc
post Thu, 16 Jan 2020 - 15:43
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One is the actual time and the other is the time elapsed from when they started recording the session.


--------------------
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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unclegazza80
post Thu, 16 Jan 2020 - 15:47
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QUOTE (Jlc @ Thu, 16 Jan 2020 - 15:43) *
One is the actual time and the other is the time elapsed from when they started recording the session.


Is a session when they started observing me or when they started their daily session? Sorry for asking a million questions smile.gif
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NewJudge
post Thu, 16 Jan 2020 - 15:57
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QUOTE (Jlc @ Thu, 16 Jan 2020 - 15:34) *
Was last July...

Thanks, jlc. Missed that.
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Slapdash
post Thu, 16 Jan 2020 - 16:18
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What exactly have you received ?
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Jlc
post Thu, 16 Jan 2020 - 16:27
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QUOTE (unclegazza80 @ Thu, 16 Jan 2020 - 15:47) *
QUOTE (Jlc @ Thu, 16 Jan 2020 - 15:43) *
One is the actual time and the other is the time elapsed from when they started recording the session.


Is a session when they started observing me or when they started their daily session? Sorry for asking a million questions smile.gif

When they started their daily session - you were caught 1:24 in.


--------------------
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 Thu, 16 Jan 2020 - 16:50
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I am left wondering why you were not offered a fixed penalty long ago, do you already have 9 or more points, was there some long delay in you receiving the NIP, or some other reason?

If there was some administrative reason why you were no offered a fixed penalty that was not your fault, you might be in a position to request that you be sentenced to an equivalent penalty, ie £100 + 3 points, instead of at the normal court guidance of 67% of your net weekly income, + 6 points +£85 costs


--------------------



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Jlc
post Thu, 16 Jan 2020 - 16:52
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49mph (in a 30) is the usual limit for a CoFP. (A few Forces 54mph)


--------------------
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 Thu, 16 Jan 2020 - 17:38
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QUOTE (Jlc @ Thu, 16 Jan 2020 - 16:52) *
49mph (in a 30) is the usual limit for a CoFP. (A few Forces 54mph)


Yes, that is certainly the guidance but I thought they went to 50, obviously I was wrong.



--------------------



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Jlc
post Thu, 16 Jan 2020 - 17:46
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Unfortunately most go to court at 50.


--------------------
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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unclegazza80
post Thu, 16 Jan 2020 - 17:49
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QUOTE (Slapdash @ Thu, 16 Jan 2020 - 16:18) *
What exactly have you received ?


Single justice procedure notice. I originally received a NIP in July. I responded to that naming me as the driver. I then got a response saying it was outside of the fixed penalty and I was to await a response from the magistrates which was received 2 days ago.


QUOTE (Jlc @ Thu, 16 Jan 2020 - 16:27) *
QUOTE (unclegazza80 @ Thu, 16 Jan 2020 - 15:47) *
QUOTE (Jlc @ Thu, 16 Jan 2020 - 15:43) *
One is the actual time and the other is the time elapsed from when they started recording the session.


Is a session when they started observing me or when they started their daily session? Sorry for asking a million questions smile.gif

When they started their daily session - you were caught 1:24 in.


Ah thank you for clearing that up. So I guess it was a coincidence that the time I was caught and session time was close then.

QUOTE (Logician @ Thu, 16 Jan 2020 - 16:50) *
I am left wondering why you were not offered a fixed penalty long ago, do you already have 9 or more points, was there some long delay in you receiving the NIP, or some other reason?

If there was some administrative reason why you were no offered a fixed penalty that was not your fault, you might be in a position to request that you be sentenced to an equivalent penalty, ie £100 + 3 points, instead of at the normal court guidance of 67% of your net weekly income, + 6 points +£85 costs


I'm assuming its because I was outside of the fixed penalty zone. I don't have any points on my licence already. I had 3 about 11 years ago but they have been long gone now.

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NewJudge
post Thu, 16 Jan 2020 - 18:12
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Thanks for clearing up the FP level. I often mistakenly say that 50 will see a FP. Must be an age thing huh.gif
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unclegazza80
post Thu, 16 Jan 2020 - 18:33
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Thank you all for your help. I'm thinking I'll have to take this one on the chin, take whatever is coming and learn from it.
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