Help - Search - Members - Calendar
Full Version: 57 in 40 limit - PACE still valid?
FightBack Forums > Queries > Speeding and other Criminal Offences
indigosky
Hi All,

Just received NIP.

1. Suffolk
2. Date of the offence: Sunday, 09/04/06
3. Date of the NIP: 18/04/06
4. Date you received the NIP:19/04/06
5. Location: A14, BARHAM, roadworks, eastbound
6. Was the NIP addressed to you?: Yes
7. First class post
8. Registered Keeper: Yes
9. How many current points do you have? : 0
10. Driving through roadworks, single lane restriction, on the Sunday before during the day with screaming toddler in back (teething and unwell), distracted by noise, nowhere to pull over to ministrate to child.

My question is: what is my best course of action?

Will I HAVE to go to court as and it would be difficult for me to do so.

Will it be in my interests to do so?

What kind of info would be taken into account to reduce the fine/points?

For instance: I am a teacher and need my car to get to work; I have to pick up my toddler every night from the childminder; my monthly income after outgoings is negligible.

Is there any point in trying to dispute the 1 mile an hour over the 26 mph limit which has taken me into the upper penalty bracket?

Will trying to fight the case in court just cost me more money than if I accept it and pay whatever fine comes my way?

Is PACE relevant in this case? (Or even at all after the court cases surrounding it appear to have thrown it out as a defence?)

Help please someone...I don't have the time or money to fight for "truth and justice for all" I just want to find out how I can reduce the potential damage and expense when I have not a lot of time available.
firefly
Hi there.

It depends on how much you value having a clean licence. Many (myself included) are of the opinion that it's better to fight when you're on no points than to fight once you're on 9.

Plus, were you doing 57mph in a 30 or 40 zone? Your post title is in conflict with the information you posted in your story.
Aco10ss
QUOTE (indigosky @ Wed, 19 Apr 2006 - 20:29) *
Is PACE relevant in this case? (Or even at all after the court cases surrounding it appear to have thrown it out as a defence?)


This is the answer i'm looking for too..

is PACE still relevant if we are alegadly travelling over the speedlimit by more than 26mph, as we are in the upper bracket.
As we automatically get a court summons and we can get 5-6points or worse.
nemo
QUOTE (Aco10ss @ Wed, 19 Apr 2006 - 21:39) *
is PACE still relevant if we are alegadly travelling over the speedlimit by more than 26mph, as we are in the upper bracket.
As we automatically get a court summons and we can get 5-6points or worse.

A PACE WS is an acceptable response to a statutory request, irrespective of the alleged speed. It provides the scammers with the evidence information they demand under s.172 RTA 1988.

Once driver identity has been established (by PACE, their paperwork, letter etc) they can decide whether to drop the matter, offer a COFP or, depending on the circumstances of the alleged offence, to lay an information for summons.

If a s.172 request were to be ignored completely, then there would be no evidence of driver identity and, accordingly, there would be no case to answer on an alleged speeding charge.
indigosky
QUOTE (firefly @ Wed, 19 Apr 2006 - 21:21) *
Hi there.

It depends on how much you value having a clean licence. Many (myself included) are of the opinion that it's better to fight when you're on no points than to fight once you're on 9.

Plus, were you doing 57mph in a 30 or 40 zone? Your post title is in conflict with the information you posted in your story.


57 in a 40 zone.
Aco10ss
indigosky
you put
"Is there any point in trying to dispute the 1 mile an hour over the 26 mph limit which has taken me into the upper penalty bracket?"
if you was travelling 57 in a 40 that does not mean you was travelling 26mph over the limit? so you wont' be in the upper band.

Nemo, If i was alegedly travelling 78mph in a 50mph zone, that means i'll be getting an automatic summons? so may as well i send the PACE statement?

Sorry for asking a question in someone elses thread... although i'm not sure of the thread starter is in the same position or not.
nemo
QUOTE (Aco10ss @ Wed, 19 Apr 2006 - 23:20) *
Nemo, If i was alegedly travelling 78mph in a 50mph zone, that means i'll be getting an automatic summons? so may as well i send the PACE statement?
A general response as it may be appropriate to this thread..

A PACE WS is an alternative means of providing the driver information required under statute. It highlights certain rights which should be applicable where an individual is compelled, under threat of criminal sanction, to provide self-incriminating evidence.

Bear in mind that it is not a get out of jail free card. If a PACE WS is submitted and the alleged speed is beyond the threshold which can be dealt with by COFP, then the driver may be summoned to have the speeding allegation heard in front of the Magistrates.

The speed alleged is relevant only to a decision of whether to advise the SCP of the driver or not. If, for instance, a driver was alleged to have been driving at a speed which may be qualify for an automatic ban, then an option may be to ignore completely all of the SCP's paperwork and expect a summons for failing to furnish (penalty upon conviction of 3 points and a couple of hundred pound fine, typically).

If a driver chooses to nominate him/herself, then they can use the SCP's form and make life easy for the scammers, or submit a PACE WS which may make matters a bit trickier for them..
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.