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56 in a 40 zone
Stafford123
post Thu, 30 Jul 2020 - 17:28
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Hi, got stopped today just off J13 M6 indicated speed was 56 on the speed gun, 40 mph limit. Is 56 the speed I will be prosecuted on or is there any tolerance, also likely penalty? Clean licence 39 years driving experience, thanks S.
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post Thu, 30 Jul 2020 - 17:28
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andy_foster
post Thu, 30 Jul 2020 - 18:03
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You will be offered a fixed penalty (3 points, £100). If you decline the offer, you will most likely be prosecuted for doing 56 in a 40.


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Jlc
post Thu, 30 Jul 2020 - 18:22
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QUOTE (Stafford123 @ Thu, 30 Jul 2020 - 18:28) *
Is 56 the speed I will be prosecuted on or is there any tolerance

Not sure what you mean by this? If you were measured at 56mph then, yes, that's the speed they would prosecute you for. (If you didn't accept the inevitable fixed penalty offer)


--------------------
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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Stafford123
post Thu, 30 Jul 2020 - 18:23
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Thanks @jlc, I wondered if they allowed any tolerance for the reading or is it a case of 56 means 56
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The Rookie
post Thu, 30 Jul 2020 - 18:25
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56 means 56.


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666
post Thu, 30 Jul 2020 - 22:20
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QUOTE (Stafford123 @ Thu, 30 Jul 2020 - 19:23) *
Thanks @jlc, I wondered if they allowed any tolerance for the reading or is it a case of 56 means 56


The measured speed is what it is. I believe you're thinking of the "tolerance" above the limit before any action is taken. In your case, you'd have "got away" up to 45 mph.

QUOTE (Stafford123 @ Thu, 30 Jul 2020 - 19:23) *
Thanks @jlc, I wondered if they allowed any tolerance for the reading or is it a case of 56 means 56


The measured speed is what it is. I believe you're thinking of the "tolerance" above the limit before any action is taken. In your case, you'd have "got away" up to 45 mph.
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Stafford123
post Thu, 30 Jul 2020 - 22:21
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OK thank you I guess 3 points and fine is an occupational hazard these days sad.gif
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Jlc
post Fri, 31 Jul 2020 - 07:40
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QUOTE (Stafford123 @ Thu, 30 Jul 2020 - 19:23) *
I wondered if they allowed any tolerance for the reading or is it a case of 56 means 56

Unless you can disprove their figure (unlikely in the extreme) then that's the figure they'll base a prosecution on.

As noted, any tolerance is from the speed limit before they take further action - and you're above that...


--------------------
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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Stafford123
post Sun, 2 Aug 2020 - 13:50
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Thanks Jlc appreciate the clarification
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Stafford123
post Mon, 3 Aug 2020 - 14:43
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Just a thought, but would there be any merit in adding a letter of apology when returning the NIP in the hope of getting a speed awareness course instead of the 3 points, or are the criteria set in stone based on the actual speed you were doing?
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Jlc
post Mon, 3 Aug 2020 - 14:48
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Waste of time. They won't budge.


--------------------
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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NewJudge
post Mon, 3 Aug 2020 - 15:24
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The upper limit for a course is 53mph. If they extended it to, say 54mph "just this once" where do they go next? The next begging letter they receive: "Well, you let my mate do one and he was doing 54mph. I was only doing 55, how about stretching a point for me, "just this once?" I imagine you can see why the upper limit is the upper limit.
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Stafford123
post Mon, 3 Aug 2020 - 15:30
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Fair enough just wondered if anyone had tried it successfully
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Jlc
post Mon, 3 Aug 2020 - 17:21
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QUOTE (Stafford123 @ Mon, 3 Aug 2020 - 16:30) *
Fair enough just wondered if anyone had tried it successfully

Some have tried, but no success.


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