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Got caught 'speeding' by a speed gun
trouble
post Sat, 11 Oct 2008 - 21:28
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Hi all,

Got pulled over by a policeman at the side of the road.
Said I was doing 62 mph in a 40mph zone. I had to wait for about 5 minutes until he could tell me as he was hitting loads of buttons on the gun. Strange.

Anyway,he issued me with a form, detailing the matter and said I had 21 days to send to payment or go to court.

I also had to produce my documents within 7 days at a Police station.

Popped into the Police station the next day, and the desk officer told me she would need to keep my driveing licence, or she'd presume I wanted to go to court. Very strange.

I told her I had read the form and I have 21 days to reply, she said this is wrong.

Very confused, so can someone please advise me?

I really dont think I was doing 62 anyway, the officer could offer no proof that it was me as he pulled in 3 cars in front of me as well.

Thanks in advance for your help
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post Sat, 11 Oct 2008 - 21:28
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The Rookie
post Sun, 12 Oct 2008 - 00:13
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Once issued an FPN you have 28 days to accept it or it will very likley go to court.

Simon


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Zed Victor One
post Sun, 12 Oct 2008 - 06:27
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The requirement is for you to produce your licence within 7 days from midnight of the day on which you were stopped. Similarly if you are going to accept the FPN then you will need to pay the fine within 28 days from midnight on the day in question.
Although you will not need to pay the fine for 28 days it is a condition of the FPN that you surrender your licence within the 7 days if you intend to accept it. If you fail to do so the ticket becomes void and you automatically get a summons in place of it.
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The Rookie
post Sun, 12 Oct 2008 - 08:15
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Is it a condition that you SURRENDER it or do the production, take it away and return - grey on that one....

Simon


--------------------
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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andy_foster
post Sun, 12 Oct 2008 - 08:35
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QUOTE (The Rookie @ Sun, 12 Oct 2008 - 09:15) *
Is it a condition that you SURRENDER it or do the production, take it away and return - grey on that one....


The relevant statute isn't...

S. 54(5) RTOA 1988
QUOTE
(5) If a person to whom a notice has been given under subsection (4) above produces the notice together with his licence and its counterpart in person to a constable or authorised person at the police station specified in the notice within seven days after the notice was so given to him and the following requirements are met, that is—
(a) the constable or authorised person is satisfied, on inspecting the licence and its counterpart, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, and
(b) he surrenders his licence and its counterpart to the constable or authorised person to be retained and dealt with in accordance with this Part of this Act,
the constable or authorised person must give him a fixed penalty notice in respect of the offence to which the notice under subsection (4) above relates.


This post has been edited by andy_foster: Sun, 12 Oct 2008 - 08:36


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"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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uknational
post Sun, 12 Oct 2008 - 08:41
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See now, i was recently clobbered for 38 through a gatso in a 30 zone (going down hill, didnt brake hard enough, fair enough - thats why its at the bottom of a 1 in 5 hill, they catch everyone like that, its a nice little earner for them, and nothing to do with road safety), all i did was accept the FPN, and then took it and the licence to the local Magistrates Court Office, they took my money, dissappeared into the back with my licence ( Its an old paper one, i thought id lose it by virtue of them sending it to DVLC whom as well all know 'lose' all paper licences as standard so they can give u a Police State one instead), but to my suprise they returned two minutes with the endorsement written on with a biro!!!

This post has been edited by uknational: Sun, 12 Oct 2008 - 08:43
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The Rookie
post Sun, 12 Oct 2008 - 17:18
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and the relevance is.......especailly as you almost certainly didn't have an FPN but a CoFP.....

This post has been edited by The Rookie: Sun, 12 Oct 2008 - 17:19


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