68mph in a 40mph zone |
Helping the motorist get justice 
Helping the motorist get justice
68mph in a 40mph zone |
 Thu, 8 Apr 2021 - 21:22
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#1
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New Member Group: Members Posts: 6 Joined: 8 Apr 2021 Member No.: 112,200  |
Just looking for a bit of advice & or a prediction of what my likely punishment will be.
I was caught doing 68mph in a 40mph zone in mid March. It was on a dual c’way, relatively rural area, very close to home. There was a cop hiding on the central reservation with a tripod camera/gun at 6pm on a Saturday, sad **** Any way no excuses, it was me, lapse of concentration. I didn’t even realise I was going that quick. It goes from 40mph into 60mph literally 10 yards behind where he got me. Can I ask what you guys think will happen? I had an NIP Tuesday with photographic evidence & the camera/gun is calibrated. I have 3 points on my license. Do you think I will get a summons, if I do is it likely to be 6 points or a short ban? I believe the cut off for an FPN is 66mph. I was caught doing 68mph so I assume I will get 6 points? If I receive a summons I am likely to plead guilty via post & not attend court. Thanks |
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Thu, 8 Apr 2021 - 21:22
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Thu, 8 Apr 2021 - 21:31
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#2
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Member Group: Members Posts: 211 Joined: 30 Oct 2020 From: West Mids Member No.: 110,385 |
Is this Birmingham?
Wait for others but I'm fairly certain you'll be band C 4-6 points or short ban Almost certainly 6 points |
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Thu, 8 Apr 2021 - 21:36
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#3
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New Member Group: Members Posts: 6 Joined: 8 Apr 2021 Member No.: 112,200 |
QUOTE (Ahelpinggand @ Thu, 8 Apr 2021 - 22:31)  Is this Birmingham? Wait for others but I'm fairly certain you'll be band C 4-6 points or short ban Almost certainly 6 points Staffordshire |
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Thu, 8 Apr 2021 - 21:36
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#4
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 Member Group: Members Posts: 36,102 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Yes, Band C which is 6 points or a short ban.
Points still more likely. For a guilty plea a fine of 1 week's relevant earnings, costs of £85 and surcharge of 10% of the fine (min £34). -------------------- 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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Thu, 8 Apr 2021 - 21:39
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#5
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New Member Group: Members Posts: 6 Joined: 8 Apr 2021 Member No.: 112,200 |
QUOTE (Jlc @ Thu, 8 Apr 2021 - 22:36) Yes, Band C which is 6 points or a short ban. Points still more likely. For a guilty plea a fine of 1 week's relevant earnings, costs of £85 and surcharge of 10% of the fine (min £34). I was assuming it’d be 6 points. I know the speed I was doing was inexcusable but it’s only just over the Band B threshold. You would assume a ban would be considerably over the 66mph cut off? |
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Thu, 8 Apr 2021 - 21:43
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#6
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Member Group: Members Posts: 36,102 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
A ban is still possible but the likely outcome would still be 6 points. You‘ll get a postal plea first and they'll only adjourn if they want to consider a ban.
-------------------- 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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Thu, 8 Apr 2021 - 21:47
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#7
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New Member Group: Members Posts: 6 Joined: 8 Apr 2021 Member No.: 112,200 |
QUOTE (Jlc @ Thu, 8 Apr 2021 - 22:43) A ban is still possible but the likely outcome would still be 6 points. You‘ll get a postal plea first and they'll only adjourn if they want to consider a ban. Would you advise avoiding going to court? I don’t fancy being grilled by a judge, asking what I was doing out during lockdown etc. I think the best thing to do is plead guilty via post. I see no advantage in attending court. |
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Thu, 8 Apr 2021 - 22:15
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#8
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Member Group: Members Posts: 36,102 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Yes, if you plead guilty via SJPN and if they decide points then you won’t have to go to court. (Unless they want to consider the ban)
-------------------- 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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Fri, 9 Apr 2021 - 06:07
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#9
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 Member Group: Members Posts: 47,633 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Even if it goes to court no-one will be asking why you were out and about.
I also wouldn't be saying you didn't realise you were speeding because for 68 in a 40 that says you are either a liar or a pretty incompetent driver, neither of which is something you want them to be thinking! -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 9 Apr 2021 - 07:43
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#10
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Member Group: Members Posts: 3,085 Joined: 29 Oct 2008 Member No.: 23,623 |
QUOTE (Guy_On_The_Road @ Thu, 8 Apr 2021 - 22:39) I was assuming it’d be 6 points. I know the speed I was doing was inexcusable but it’s only just over the Band B threshold. You would assume a ban would be considerably over the 66mph cut off? The band of seriousness that suggests a Band B fine covers speeds up to 66mph, which is 65% above the limit - so fairly generous. Six points will almost certainly be the outcome and that can be dealt with under the Single Justice Procedure, which means you will not have to attend court. You will also pay a fine of a week's net income, a victim surcharge of 10% of the fine (Min £34) and £85 costs. |
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Fri, 9 Apr 2021 - 12:01
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#11
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Member Group: Members Posts: 23,856 Joined: 3 Dec 2010 Member No.: 42,618 |
QUOTE (The Rookie @ Fri, 9 Apr 2021 - 07:07) Even if it goes to court no-one will be asking why you were out and about. And even if they did, you can't be dealt with for an offence you've not been charged with (and by then the six-month prosecution deadline for the laying of new charges will be long gone). -------------------- I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are. |
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Fri, 9 Apr 2021 - 17:12
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#12
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New Member Group: Members Posts: 6 Joined: 8 Apr 2021 Member No.: 112,200 |
Appreciate the comments guys
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Fri, 9 Apr 2021 - 20:24
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#13
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New Member Group: Members Posts: 6 Joined: 8 Apr 2021 Member No.: 112,200 |
Guys one last thing.
The NIP had an incorrect home address for me. I live at XXXXX Cottage & the NIP was addressed to XXXXX Farm which is nextdoor. All the other details were correct. I admitted it was me & sent it back, is there a small chance it won’t be valid as they messed up my address? |
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Fri, 9 Apr 2021 - 21:19
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#14
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Member Group: Members Posts: 3,085 Joined: 29 Oct 2008 Member No.: 23,623 |
QUOTE (Guy_On_The_Road @ Fri, 9 Apr 2021 - 21:24) ... is there a small chance it won’t be valid as they messed up my address? No. You received it and responded to it. This post has been edited by NewJudge: Fri, 9 Apr 2021 - 21:20 |
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Sat, 10 Apr 2021 - 00:06
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#15
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 Member Group: Members Posts: 6,710 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
QUOTE (Guy_On_The_Road @ Fri, 9 Apr 2021 - 21:24) I admitted it was me & sent it back, is there a small chance it won’t be valid as they messed up my address? Presumably the "messed up" address is the same on the V5C document? |
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Lo-Fi Version | Time is now: Tuesday, 13th April 2021 - 06:45 |
