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Full Version: 9 points and another NIP
FightBack Forums > Queries > Speeding and other Criminal Offences
VeeSix
Looks like I'm gonna get a ban  :(

I'm not sure I've got the time, energy or money for a drawn-out fight, I'm thinking more along the lines of damage limitation, i.e. try for a short ban / small fine.  I've never been through the process though, so I know nothing about it...
do I have to attend court in the area the offence was comitted?
Do I have to attend court at all, or can I plead guilty by post? (and does that prejudice my chances of leniency?)
What is the maximum length of ban, and maximum fine possible?
Once the ban expires, I assume I'm left dangling on 9 points again, until they naturally fade away (3 years?)

Anyway, here are the details, thank you for any advice you may have (and please note I've only got a few days left before the 28 days expires on the NIP! - chronic procrastinater that I am)


1. Was the offence in England or Scotland

England

2. The name of the Constabulary

Gloucestershire

3. Date of the offence

18/10/05

4. Date of the NIP

31/10/05

5. Date you received the NIP

3/11/05 approx

6. Was the NIP addressed to you?

Yes.

7. Was the NIP sent by first class post, second class or recorded delivery?

1st

8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? If not then what is your relationship with the vehicle?

No, car belongs to company I work for.

9. Do you hold a UK or foreign driving licence.

UK

10. How many current points do you have?

9 icon_evil.gif


11. 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.  

Travelling a fairly quiet duel carriageway, camera van was in lay-by, partly obscured behind an HGV or large van of some sort.  The HGV/van was parked in front of the cam van, within about 50m.  Barely had time to slow down, was clocked in the low nineties.  Employer recieved NIP in about 10 days, and quickly pointed them in my direction.  There were 2 people in the car, I was driving.  Camera undoutedly clocked me from the front/nearside.
andy_foster
If you are convicted, (assuming that you had 9 current points at the time the offence was committed) you will be liable for a totting up ban.
This is usually 6 months (assuming that this is your first totting up ban), and as it is longer than 56 days, will result in your licence coming back clean.
If you can demonstrate that a ban would cause exceptional hardship (to others) then the magistrates can choose not to ban you.

IMHO, you need to fight this like your licenec depended on it.
To convict you for speeding, they need to prove that the offence was committed and that you were driving.
If the scamera operator's view of you was obscured until you were ~50m away, he would not have been able to form a prior opinion of excess speed (required), and must have simply been fishing (not allowed as the device would only be approved to corroborate his prior opinion of excess speed).

If you name yourself as the driver on the PACE witness statement, rather than the scammers' form, it may well cause them some difficulties.

Regardless of the actual facts of the case, and forms used, the scammers/CPS may well balls up the evidence themselves...
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