The Most Gutting Thing...

[Rookey]

Right, I have had a pretty bad night as i have just come in from a group of sad a people in the pub from the game....

...To a letter on my floor:

In accordance with section 1 of road traffic offenders act 1988, i hereby give notice that it is intended to take proceedings against the driver of motor vehicle G73APC for the alleged offence of (speed 36mph) exceeding 30mph on restricted road at 10:37 on 15/06/2004 ......

Now this is instant 3 points + £60 fine....

apart from when you're in my situation with one point left on you're licence.

- Ban

Does anyone know of ANY way at all i can protest this as it is truly difficult for me to get to my work, i am the only driver in my house other than my dad that has a terminal disease, the previous 5 point offence was LOOOOONG time ago and i am withing my first 2 years of me driving.

I am REALLY unsure about what to do, but if all goes wrong, im sure someone would like to have my interior bits! and possibly an N'a mr2??!?!

Im so gutted right now! :(

Dave!

[Razor_Rage]

Really sorry to hear that mate :(

unfortunately i Live in sweden and not in the UK so i'm not sure about how your laws are over there, maybe ask one of the coppers on here?

[Boro Sera]

Go to court and plead your case.

If there are mitigating circumstances there is a chance (slim one though) that you will keep your licence. Fathers illness, only way to get to work etc may well work in your favour.

Best advice I can give you though is SEEK PROPER LEGAL ADVICE. It may cost a few quid, but if it keeps you on the road then it's worth every penny.

Good luck

Rich

[urotsukidoji_badassdemon]

Yoblokey, here it is, ok, how long ago was your previous points? 3 points stay on yor licence for 4 years, that's 1 year per point, and 1 year to clear. So work that out from wot u have. Other wise, time to get a bike. Where are you neway? incase you lose big time, and have to sell bits of your car off?

[JappyBeast]

Dont want to promote loop holes etc.. but if you tell them that you have no clue who was driving at that point.. it will goto court but no points will be given.. just a bigger fine.

[Rookey]

Dont want to promote loop holes etc.. but if you tell them that you have no clue who was driving at that point.. it will goto court but no points will be given.. just a bigger fine.

Dont i have to be fully comprehensive cover for that to go through?

Cheers for your help on this guys.

Dave!

[RichB]

Hmmm,

Your best course of action is to take it to court and plead your case - I think with all these circumstances e.g. last offence ages ago, father ill, need car for work, you might just get off with a big fine. Basically you have to look like you mean it and are not just trying to be another p**s taker.

or

You could of course phone up and request evidence in a photograph as you do not know who was driving the car at the time and you wish to help the police in their enquiries - if the driver is unidentifyable, any number of people *might* have had access to your car and been driving with their own third party insurance - such as that long lost friend from Hungary who has now returned home...The offence is against the driver - NOT the car.

get the idea?

(edited by dawesy 26/6 please dont try to bypass the swear censor pls use :censor: in stead thanx dawesy)

[Bobby-H]

If you have only 1 point left on your licence you have to go to court anyway, fixed penaltys are only issued if you do not stand to loose your licence. Go to court and plead your case and make sure you lay it on thick!

[Bobby-H]

oooh, I almost forgot, check out this site Clicky it has lots of advice and you should be able to get in touch with the right people to argue your case in court.

[Yarisboy]

ask for the photograph, sometimes they can't provide the proof which will get you off straight away..

36mph = 3points & £60... what an absolute disgrace.

There are thousands of people every day on the roads with no insurance, no road tax, no licence even... and the 'law abiding' motorist gets penalised the most at 6mph over the limit.

The amount of people I see everyday driving at 40mph through a 30mph zone... anyway..

Request photographic proof, if they can give you that then say you don't know who was driving (as long as there's more than 1 person on your policy for the car), if that won't work then you'll have to take it to court and plead your case that you need your car for work, you're the only driver in the house etc etc

I think the limit in a 30 is 10% + 1, so 34mph ... so technically you have to be doing 35mph before they can prosecute you.... in which case you're 2mph over the limit - I hope you manage to beat it m8

Sam

[Karma Supra]

Do nothing.

if the letter was not signed for they cannot prove you read it, if they do not tell you within 12 days of the offence they cannot make it stick.

[Bobby-H]

No do something, they do not have to prove the letter was received only that it was posted. I am ashamed to say that my sister used to issue those sorts of letters for merseyside police so I asked her about all this. I am glad to say that my sister has now changed her job!

[RichB]

Yes, you have to reply, but do it as slowly and painfully as possible, and most importantly see the photo before you do anything - its possible it isnt even your car!

[TheNissanMan]

Do nothing.

if the letter was not signed for they cannot prove you read it, if they do not tell you within 12 days of the offence they cannot make it stick.

the 12 day of the offence thing is rubbish i'm afraid.,...

Although sympathise with the imminent prospect of losing you license if you already have 11 points in you license withing 3 years then maybe it be time to adjust the way you drive....

I'm not claiming to be mr perfect as most people speed, but most people don't let it get to the point where there license is at risk....

argue the case and hope for the best but at the same time be prepared for the worst, that way you won't be to surpirsed if it happens....

[stgeorge]

I have to say I think Bobby-H is correct on this one. Under English Common Law we have a doctrine called the postal rule which basically means that once the letter is posted it is deemed to have been received. I think it is likely to be applicable in this case. (I am not a lawyer though so if anyone on here is please feel free to correct me ;) !)

Looks like you are going to have to do something I am afriad

[Rookey]

Do nothing.

if the letter was not signed for they cannot prove you read it, if they do not tell you within 12 days of the offence they cannot make it stick.

the 12 day of the offence thing is rubbish i'm afraid.,...

Although sympathise with the imminent prospect of losing you license if you already have 11 points in you license withing 3 years then maybe it be time to adjust the way you drive....

I'm not claiming to be mr perfect as most people speed, but most people don't let it get to the point where there license is at risk....

argue the case and hope for the best but at the same time be prepared for the worst, that way you won't be to surpirsed if it happens....

I have been driving 20 months, so am still within the first 2 year period which only entitles me to 6 points, and unfortunately, in my adolesence of driving, my first offence cost me 5 points + £155 fine. I have since wised up and 9 months later and got caught doing 36 in a 30. I have prepared myself for the worst and have looked into public transport for the most important things - i.e.getting to work.

With no disrespect intended, As you being a very good member and me not even being fully signed up (which i have just applied for by the way), i am in no way trying to question your comments, but i came on this site for advice, not to be told that my driving was bad. Since my first offence i have been a very obedient driver and in all honesty through towns etc i have not really broken the speed limits (although may have got there fast! ) so i dont think i am subject to a comment of adjusting how i drive because i think i drive fine. Another bit of useful info is that road and the surrounding roads have been frequently changed over the past year between 30 + 40mph.

Sorry to be a bit biteful, but i'm not in the greatest of moods at the moment having a possibility of being deprived from driving arguably one of the best cars in its group on the planet!

My 2p.

Dave!

[BLOODUK]

36 in a 30 Ouch, sounds like what happened to me when i thought a zone was 40 but it was 30 and i got done for it this was years ago btw. Getting done for 36 is lame, youd be for ever staring at your speedometer which may cause an accident anyway!

[Titto]

Its not good advice people to be telling others NOT to do something...These legal loopholes that the papers print, or that people go on about are slightly true, but not for every case.

Do you know that if you try to use one of these loopholes and are' found out!' that you were trying to escape prosecution then the penalties are much much severe. I also know of many solicitors (ahem: legal reps etc) who have given poor advice, and are themselves in the spotlight facing either prosecution or ending up with no jobs...

Anyway, When an NOIP is sent, it is deemed delivered - the liklihood of someone not getting it is remote nowadays anyway..

The NOIP has to be sent within 14days of the date of the offence. (Has that been done?)

I dont know where people are getting the 'you need photographic evidence to be proecuted' bit from - you dont - This is the same principal as when you used to see a policeman with a radar gun standing at the side of the road - you get caught speeding and then you get sent the NOIP.

The 10% rule, differs for EACH and EVERY force area, but again its also at the officers discretion. If you were doing 36mph past a school or through a street at say 8.30am/9am for example, then chances are your not getting off with it.

You have to by Law, respond to the NOIP, its an offence not to.

I hope this clears up some myths for everyone, please if anyone has any other queries then PM me, im more than happy to get advice for you or help anyone out. The thing that really really gets my goat is the lack of decent legal advice thats given to people, if you ever take any, go to a reputable firm, they will cost you but as a rule know their stuff.

Just on a side note about speeding: I've got my own personal feelings about cameras etc and points - i got caught and have points, and theres a lot of my collegues that do - and they share the same feelings as the rest of us on here. But i cant condone 36mph in a 30 limit, why some people think that these fines have just started i dont know - they've been around since at least 1988 and you got caught doing 36 - you got the points (only i think the fines were much less).

However, think about this incident involving speeds:

I recently dealt with a horrible fatal - an MR2 with a young lad in it who was going too fast (it was proved about 36mph in a 30 limit), he losst control because of a) his speed, B) his lack of driving experience in the conditions which were greasy roads (it had been sunny then rained - the most dangerous condition) - He went head on into a Yaris with a couple in. The yaris speed was less than 30 and there was nothing left of the front of the car - at this 'ridiculous speed' as someone put it, the yaris was half destroyed. The MR2 driver broke too many bones to mention, but the young couple in the car died. This is a car with 4 airbags etc etc...

So, i have to tell their parents.....

They want to know HOW FAST WAS THE OTHER CAR GOING???

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

People, whenever something bad happens want to know how fast the other person was going. The problem we have over here is that people think that they are immune from incidents, can drive much better than they actually can, and that speeding isnt dangerous.

Know that was off topic, and as much as i hate to go on about the subject, i think that people need to be reminded about the consequences and that it can happen to you.

im going to watch MOTO GP now to chill out!!! 215mph from the Ducati GP bike!!! a new record!

[Rookey]

Its not good advice people to be telling others NOT to do something...These legal loopholes that the papers print, or that people go on about are slightly true, but not for every case.

Do you know that if you try to use one of these loopholes and are' found out!' that you were trying to escape prosecution then the penalties are much much severe. I also know of many solicitors (ahem: legal reps etc) who have given poor advice, and are themselves in the spotlight facing either prosecution or ending up with no jobs...

Anyway, When an NOIP is sent, it is deemed delivered - the liklihood of someone not getting it is remote nowadays anyway..

The NOIP has to be sent within 14days of the date of the offence. (Has that been done?)

I dont know where people are getting the 'you need photographic evidence to be proecuted' bit from - you dont - This is the same principal as when you used to see a policeman with a radar gun standing at the side of the road - you get caught speeding and then you get sent the NOIP.

The 10% rule, differs for EACH and EVERY force area, but again its also at the officers discretion. If you were doing 36mph past a school or through a street at say 8.30am/9am for example, then chances are your not getting off with it.

You have to by Law, respond to the NOIP, its an offence not to.

I hope this clears up some myths for everyone, please if anyone has any other queries then PM me, im more than happy to get advice for you or help anyone out. The thing that really really gets my goat is the lack of decent legal advice thats given to people, if you ever take any, go to a reputable firm, they will cost you but as a rule know their stuff.

Just on a side note about speeding: I've got my own personal feelings about cameras etc and points - i got caught and have points, and theres a lot of my collegues that do - and they share the same feelings as the rest of us on here. But i cant condone 36mph in a 30 limit, why some people think that these fines have just started i dont know - they've been around since at least 1988 and you got caught doing 36 - you got the points (only i think the fines were much less).

However, think about this incident involving speeds:

I recently dealt with a horrible fatal - an MR2 with a young lad in it who was going too fast (it was proved about 36mph in a 30 limit), he losst control because of a) his speed, B) his lack of driving experience in the conditions which were greasy roads (it had been sunny then rained - the most dangerous condition) - He went head on into a Yaris with a couple in. The yaris speed was less than 30 and there was nothing left of the front of the car - at this 'ridiculous speed' as someone put it, the yaris was half destroyed. The MR2 driver broke too many bones to mention, but the young couple in the car died. This is a car with 4 airbags etc etc...

So, i have to tell their parents.....

They want to know HOW FAST WAS THE OTHER CAR GOING???

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

People, whenever something bad happens want to know how fast the other person was going. The problem we have over here is that people think that they are immune from incidents, can drive much better than they actually can, and that speeding isnt dangerous.

Know that was off topic, and as much as i hate to go on about the subject, i think that people need to be reminded about the consequences and that it can happen to you.

im going to watch MOTO GP now to chill out!!! 215mph from the Ducati GP bike!!! a new record!

I recieved the NIP yesterday (24th June) and the offence was on the 15th June.

So it was within the 14 day period.

I appreciate all the comments Titto, and not that it makes my driving any safer, but this was at 10:37 so was a clear road, and people in the midst of morning traffic burn it doing atleast 70 down the bus lanes of these roads, now this isnt just one off driver down the bus lane, its almost another lane of traffic. This is why i believe, that on a clear road, not even doing 40 in a 30 which is what most people get done for, was a bit out of order.

Now surely, the driver you speak of in the MR2 at 36mph was obviously careless as, granted the conditions were bad, but he should have taken this into account, not every one drives like that, i was on an empty 2 lane road(3 if you include the bus lane!!!!) doing 36 mph, in my eyes that isnt as bad as you make it out to be.

I would be VERY grateful for ANY legal advice you could pass my way as i respect your opinion and you obviously have much more knowledge on this kind of situation than I do.

Dave!

[Bibbs]

Thanks for the info Titto, and I know what you mean .. I used to think speed wasn't "that" dangerous ..

55mph .. that's nothing really .. that was until I drove 500m down a road at 55mph on ice .. I couldn't do anything, I soon realised how fast 55mph actually is when you see the trees wizz by and can do anything to slow down.

I know I'm a constant offender for speeding .. 80 down the M'way is slow compared to the rest of the commuters .. and I'm lucky to not have any points (never have) ..

But if I was on my last point, I'd be driving everywhere at 5mph under the speed limit ..

Good luck Dave .. let us know how you get on ..

[Rookey]

Will do buddy, im going to take some "cheer up" pills (not literally) and just take it like a man for now, just get slightly offended when people come at me a bit when i didnt realise i was doing THAT much wrong, but i know that after you drive 30mph for so long it seems like nothing, until you cant do anything about it!

control eh?

Anyways...

Sh*t happens!

Dave!

[Titto]

Bibbs, i bet your ***** was twitching mate?!!!

Rookey, forget what other people were doing and focus on what you were doing - if you go to court - DONT SAY "everyone else was doing 70!!!"....

My advice is as i've said: go and seek some legal advice or as others have said quite sensibly, plead your case at court. Or accept the NOIP.

ps: dont think im diffin at anyone on here about anything, cos im not, just trying to clarify some points!

now back to seeing Rossi qualify!

[Rookey]

Bibbs, i bet your ***** was twitching mate?!!!

Rookey, forget what other people were doing and focus on what you were doing - if you go to court - DONT SAY "everyone else was doing 70!!!"....

My advice is as i've said: go and seek some legal advice or as others have said quite sensibly, plead your case at court. Or accept the NOIP.

ps: dont think im diffin at anyone on here about anything, cos im not, just trying to clarify some points!

now back to seeing Rossi qualify!

I am not really interested in what other people are doing as I am the one being prosecuted, just thought i'd mention it. Anyway, enough said, im shooting for legal advice.

Dave

[JappyBeast]

the young couple in the car died. This is a car with 4 airbags etc etc...

So, i have to tell their parents.....

This brings the whole issue into perspective, at the end of the day, you were speeding.

Good luck tho chap.

[Yarisboy]

speed is not dangerous, incorrect use of speed is - that is my feeling on the subject laid bare as it were, I don't claim to be a good driver, and I don't speed... (i don't have enough time to acclerate in the yaris to speed anyway :P)

but people will do it, always have - I see where you're coming from titto, can't be very pleasant having to tell the parents at all :(

anyway, I do agree with bibbs (for once) - if I had 1point left on my license I certainly wouldn't be pushing my luck

but who knows, the road might be poorly sign posted for the speed limit - in which case you have a leg to stand on, especially if it frequently changes from 40 to 30.

sam