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Full Version: 35 mph in a 30, best course of action?
FightBack Forums > Queries > Speeding and other Criminal Offences
TYA
I've just been done for allegedly 35mph in a 30mph, only a few weeks after getting done for 48mph in a 40 so this would take me to 6 points. 5mph seems incredibly harsh and I'd question the calibration. But what's the best thing to do? The offence was in Gateshead so it's the dreaded Northumbria police, NIP signed by P. Oliver on behalf of the chief constable. All info seems correct. NIP wizard suggests the PACE statement, altho I'm unsure as to the current legal position. If I could get off the points and have a speed awareness course instead, plus the fine, I'd settle for that.
H&Ps
you could email the scamera partnershits that caught you and ask if they offer speed awareness courses - for 35 in a 30 you'd be eligable as long as you haven't had one in the last 3 years

if you email them do not refer to your case in any way and use an anonymous email (ie: not with your first and surname in it!!!!!)
nemo
Northumbria Speed Awareness Workshops.

They tend to be by invitation only though - you couldn't choose a SAC as an alternative if you had received a Conditional Offer of Fixed Penalty. The fact that you were allegedly caught at the ACPO recommended prosecution threshold would act in your favour for a course though.
Tamara-D
QUOTE (TYA @ Thu, 10 May 2007 - 21:52) *
I've just been done for allegedly 35mph in a 30mph, only a few weeks after getting done for 48mph in a 40 so this would take me to 6 points. 5mph seems incredibly harsh and I'd question the calibration. But what's the best thing to do? The offence was in Gateshead so it's the dreaded Northumbria police, NIP signed by P. Oliver on behalf of the chief constable. All info seems correct. NIP wizard suggests the PACE statement, altho I'm unsure as to the current legal position. If I could get off the points and have a speed awareness course instead, plus the fine, I'd settle for that.

Can you confirm that the 48 in the 40 is also Northumbria?

I am currently fighting a 35 in a 30 in Gateshead. I suggest you scan in your NIP, (both sides) remove the personal details and PM it to me. Do not post it on the forum! If you are up for a fight there is something worth doing! biggrin.gif

Also can you post the information from the NIP wizard. If the 48 NIP is recent can you provide details for that too?
TYA
the 48 in a 40 was in Manchester just before Xmas. I bit the bullet on that one but think 35 in a 30 is taking the pee. I'll scan the NIP as soon as I can, hopefully today. If I send back a NIP with a Pace statement, do I fill everything in and attach it and send together, recorded?
Don't think I've got the details of he 48 in 40 - it was on the Oldham Road A62 though.
TYA
here's my NIP wizard


NIP Wizard
Based on the answers you've given we recommend that you consider:



Complete the PACE witness statement.
These are the answers you've given so far:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England
The Baron
Thats not all of it
TYA
ah, here's the additional question bit/rest of it


NIP Details and Circumstances
What is the name of the Constabulary? - Northumbria
Date of the offence: - April 2007
Date of the NIP: - 8 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A167 Durham Rd adj Cramer Street Gateshead
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 3
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I was lost in the city centre, diversions everywhere and ended up on an unfamiliar road. I think i had just come off a flyover, i was driving very moderately but the road did not appear like a 30, however I was flashed and went back and then noticed a 30mph sign. I had been clocked apparently at 35mph

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v2.2.3: Fri, 11 May 2007 09:47:17 +0100



These are the answers you've given so far:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England
The Rookie
2 choices, reply as they want and hope to get a SAC,
use the PACE ws, some believe this helps you to get a SAC offer, others believe it makes it less likley, certainly with TVP it seems to make it more likely, but its far from a certainty.

On your timing the ruling from ECtHR will be in by the time you get a summons, and even if you use the form to supply the S172 information, that doesn't stop you pleading not guilty to the incorrect use as evidence of that information.

Simon
Tamara-D
QUOTE (TYA @ Fri, 11 May 2007 - 09:48) *
I was lost in the city centre, diversions everywhere and ended up on an unfamiliar road. I think i had just come off a flyover, i was driving very moderately but the road did not appear like a 30, however I was flashed and went back and then noticed a 30mph sign. I had been clocked apparently at 35mph

I take it from that statement that you don't go down that route often? You say there was a 30 sign, there should be two, did you see a second sign?

I will await your NIP. Don't do anything until I see your NIP and respond.
TYA
didn't see a second sign Tamara... I'm in Newcastle on Monday, if i get chance I might reexamine the route
TYA
following Tamara's suggestion, anyone else had a 35 in a 30 from Nortumbria, and if so, what happened?
Tamara-D
QUOTE (TYA @ Fri, 11 May 2007 - 18:10) *
didn't see a second sign Tamara... I'm in Newcastle on Monday, if i get chance I might reexamine the route

Don't go out of your way, just be careful if you drive past it again! blink.gif

It looks like the SAC is the best option. I just want to be clear that they will offer it before you decide on the best course of action.
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