PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Speeding Offence (Have I got a case)
unclegazza80
post Thu, 16 Jan 2020 - 14:33
Post #1


Member


Group: Members
Posts: 15
Joined: 16 Jan 2020
Member No.: 107,435



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
Go to the top of the page
 
+Quote Post
2 Pages V   1 2 >  
Start new topic
Replies (1 - 19)
Advertisement
post Thu, 16 Jan 2020 - 14:33
Post #


Advertise here!









Go to the top of the page
 
Quote Post
morrisman
post Thu, 16 Jan 2020 - 14:42
Post #2


Member


Group: Members
Posts: 622
Joined: 20 Oct 2007
Member No.: 14,668



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.
Go to the top of the page
 
+Quote Post
NewJudge
post Thu, 16 Jan 2020 - 15:11
Post #3


Member


Group: Members
Posts: 4,746
Joined: 29 Oct 2008
Member No.: 23,623



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.
Go to the top of the page
 
+Quote Post
unclegazza80
post Thu, 16 Jan 2020 - 15:33
Post #4


Member


Group: Members
Posts: 15
Joined: 16 Jan 2020
Member No.: 107,435



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.
Go to the top of the page
 
+Quote Post
Jlc
post Thu, 16 Jan 2020 - 15:34
Post #5


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



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.
Go to the top of the page
 
+Quote Post
unclegazza80
post Thu, 16 Jan 2020 - 15:34
Post #6


Member


Group: Members
Posts: 15
Joined: 16 Jan 2020
Member No.: 107,435



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?
Go to the top of the page
 
+Quote Post
Jlc
post Thu, 16 Jan 2020 - 15:36
Post #7


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



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.
Go to the top of the page
 
+Quote Post
unclegazza80
post Thu, 16 Jan 2020 - 15:40
Post #8


Member


Group: Members
Posts: 15
Joined: 16 Jan 2020
Member No.: 107,435



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?
Go to the top of the page
 
+Quote Post
Jlc
post Thu, 16 Jan 2020 - 15:43
Post #9


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



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.
Go to the top of the page
 
+Quote Post
unclegazza80
post Thu, 16 Jan 2020 - 15:47
Post #10


Member


Group: Members
Posts: 15
Joined: 16 Jan 2020
Member No.: 107,435



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
Go to the top of the page
 
+Quote Post
NewJudge
post Thu, 16 Jan 2020 - 15:57
Post #11


Member


Group: Members
Posts: 4,746
Joined: 29 Oct 2008
Member No.: 23,623



QUOTE (Jlc @ Thu, 16 Jan 2020 - 15:34) *
Was last July...

Thanks, jlc. Missed that.
Go to the top of the page
 
+Quote Post
Slapdash
post Thu, 16 Jan 2020 - 16:18
Post #12


Member


Group: Members
Posts: 1,864
Joined: 2 Aug 2016
Member No.: 86,040



What exactly have you received ?
Go to the top of the page
 
+Quote Post
Jlc
post Thu, 16 Jan 2020 - 16:27
Post #13


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



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.
Go to the top of the page
 
+Quote Post
Logician
post Thu, 16 Jan 2020 - 16:50
Post #14


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



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


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



Go to the top of the page
 
+Quote Post
Jlc
post Thu, 16 Jan 2020 - 16:52
Post #15


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



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.
Go to the top of the page
 
+Quote Post
Logician
post Thu, 16 Jan 2020 - 17:38
Post #16


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



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.



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



Go to the top of the page
 
+Quote Post
Jlc
post Thu, 16 Jan 2020 - 17:46
Post #17


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



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.
Go to the top of the page
 
+Quote Post
unclegazza80
post Thu, 16 Jan 2020 - 17:49
Post #18


Member


Group: Members
Posts: 15
Joined: 16 Jan 2020
Member No.: 107,435



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.

Go to the top of the page
 
+Quote Post
NewJudge
post Thu, 16 Jan 2020 - 18:12
Post #19


Member


Group: Members
Posts: 4,746
Joined: 29 Oct 2008
Member No.: 23,623



Thanks for clearing up the FP level. I often mistakenly say that 50 will see a FP. Must be an age thing huh.gif
Go to the top of the page
 
+Quote Post
unclegazza80
post Thu, 16 Jan 2020 - 18:33
Post #20


Member


Group: Members
Posts: 15
Joined: 16 Jan 2020
Member No.: 107,435



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.
Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 17:06
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.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here