w&nkers: speeding= 6 points & £660+court costs

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fatfreddy000
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w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Mon Feb 19, 2018 4:11 pm

found out last friday i got done by a speed camera back on 24th august.
i remember it flashing on the A10 but nothing came so i assumed there was no film in it.
i was motoring down a 60mph limit road and suddenly see a temporary road works sign with a 40mph limit and a speed camera mounted maybe 50metres after it. bit mean that- i got clocked at 55 in a 40- no time to slow down really.
would of been 3 points and £60 fine or probably just a speed awareness course probably but i didn't receive the letter (sent on 31st aug)- this was due to me spending 2 months last autumn in hospital with my son who was critically ill plus i had just moved home. with the stress and disruption i forgot to change the address on the V5.
so now i have a summons for failing to name the driver of the vehicle caught speeding. for this you get a £660 fine (or £1000- they are unclear on this), court costs and 6 points.
pretty pissed off.
anyway I've looked into it and am trying to arrange a court date to go and make a statutory declaration.
essentially if i can prove that i didn't receive the fine and had a good reason for not changing my address i maybe able to get the second charge scrapped.
been phoning the court 10 times a day since last friday but can't get through and i only have 21 days from becoming aware of the summons to make my statutory declaration.
wish me luck.
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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Kev L
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by Kev L » Mon Feb 19, 2018 4:48 pm

Hope it works out for you, and your son has made a recovery.
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VTRDark
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by VTRDark » Mon Feb 19, 2018 5:01 pm

You should be able to get a letter from medical staff proving your claims which will stand you good in court. Good luck. It's an unfair system and it seems we are often seen as guility untill we can prove innocent rather than the other way around.
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E.Marquez
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by E.Marquez » Mon Feb 19, 2018 5:12 pm

Pretty sure I would not own road bikes or fast cars if i lived there .

Hope it works out for you.
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sirch345
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by sirch345 » Mon Feb 19, 2018 5:25 pm

Good luck in getting a satisfactory outcome Freddy, I hope your son is getting better, or is better now,

Chris.
A closed mouth gathers no foot. :thumbup:

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macdee
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by macdee » Mon Feb 19, 2018 5:36 pm

They always get you at a time when your chips are down
Disgrace how they can bump the fine up so easily
Good luck to your son and you
told you not to but oh no you knew better

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AMCQ46
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by AMCQ46 » Mon Feb 19, 2018 6:01 pm

hope you get it sorted before they grind you down too far .... bastids

and hope your lad is on the road to recovery
AMcQ

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alanfjones1411
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by alanfjones1411 » Mon Feb 19, 2018 6:29 pm

Good luck to you and your son.Hope every thing works out for you both.
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fatfreddy000
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Mon Feb 19, 2018 7:29 pm

thanks so much for your kind words.
my son is doing really well now, sitting next to me giggling!
he has profound disabilities which he copes with very well and had some serious bouts of ill health last autumn but he's a proper warrior and pulled through 3 brain surgeries, pneumonia, and a nasty c.diff infection which meant a month fast on IV nutrients.. he's tough as old boots!
anyway, yep i will get all the evidence i can together for court and pull the old emotional strings etc (once they answer the phone so i can set a date!).
I'm hoping it will work out or I'm gonna be looking for revenge, ha!
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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StormyRob
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by StormyRob » Mon Feb 19, 2018 9:42 pm

Sorry to hear mate. Firstly confirm the notice of intended prosecution was delivered to the registered address within 14 days of the offence. If it was not it gets binned but they try to chance it hoping people do not know about it
If you don't try you never know if you can do it.

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uk13iker
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by uk13iker » Mon Feb 19, 2018 9:49 pm

I had my plates cloned last may and they got a speeding ticket. I had moved house and didn’t receive the letter as I didn’t change v5, then the current tenant passed some letters to my mum this was in december this year so, speeding fine then reminder and then court letter as it went ahead without me present same thing they dropped the speeding and done me for not providing who the rider was. £1000 fine and 6 points. I went to court and luckily had evidence I was in Isle of Man on date of offence I got off without a fine although I was expecting one for not changing v5. Keep phoning the court took me 3 1/2 hours to get through and 42 phone calls. Hope you have a similar outcome.


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sirch345
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by sirch345 » Tue Feb 20, 2018 10:44 pm

fatfreddy000 wrote:
Mon Feb 19, 2018 7:29 pm
thanks so much for your kind words.
my son is doing really well now, sitting next to me giggling!
he has profound disabilities which he copes with very well and had some serious bouts of ill health last autumn but he's a proper warrior and pulled through 3 brain surgeries, pneumonia, and a nasty c.diff infection which meant a month fast on IV nutrients.. he's tough as old boots!
anyway, yep i will get all the evidence i can together for court and pull the old emotional strings etc (once they answer the phone so i can set a date!).
I'm hoping it will work out or I'm gonna be looking for revenge, ha!
Really sorry to hear that, he certainly must be tough as old boots.

Glad to hear he is doing really well now, long may that continue,

Chris.
A closed mouth gathers no foot. :thumbup:

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fatfreddy000
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Wed Feb 21, 2018 9:45 am

got a date set for 3rd april in thames magistrates court at last.
got to make a statutory declaration that i was not aware of the fixed penalty therefore innocent of the s.172 (failure to identify) charge.
this will wipe the charges and i will be resummoned for the s.172.
not picking up your mail is not a valid defence obviously.
i live on a narrowboat so have several correspondence addresses for mail that i check intermittently but being in hospital with my son leading up to the 28 following the penalty notice and during much of this period and for the the following months is a possible defence on the grounds that it was not reasonably practicable to respond to the penalty notice (identify the driver).
it is not an exaggeration to say my son was critically ill and i had no time do do anything but be present and care for him.
you used to be able to plea bargain with the CPS and accept the original charge (sp30: 3 points/£60) rather than the £811 plus 6 points for the s.172.
however i think as its been more than 6 months since the speeding offence i can no longer be done for it so there won't be a dual charge and therefore no potential to bargain?
so essentially i need to decide whether to plead guilty to the s.172 and receive 6 points but a reduced fine or not guilty and go to trial with the CPS and if i lose get 6 points and a big old fine and court costs..
anybody out there have experience or knowledge of this?
i have a friend who's an ex criminal lawyer who's gonna have a look over it or theres these fixed fee motoring offence lawyers who state 90% success rates but should i trust them and maybe end up with the points, fine, court costs and lawyer fee.
its a matter of principle though and i don't wanna back down!
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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MacV2
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by MacV2 » Wed Feb 21, 2018 4:11 pm

Get in touch with https://www.whitedalton.co.uk/

I'm assuming your on your bike when the alleged offence happened, these guys are specialists for bike law & will help you out even if it's just a phone call....Well they did for me, rang & spoke to them, they did some research called me back, didn't cost a penny bar the call.
Lowering the tone since 2007...

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fatfreddy000
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Wed Feb 21, 2018 6:03 pm

MacV2 wrote:
Wed Feb 21, 2018 4:11 pm
Get in touch with https://www.whitedalton.co.uk/

I'm assuming your on your bike when the alleged offence happened, these guys are specialists for bike law & will help you out even if it's just a phone call....Well they did for me, rang & spoke to them, they did some research called me back, didn't cost a penny bar the call.

yep i was on my bike- i can remember the camera flashing- it was a right sneaky one and shouldn't be legal in itself.
the penalty notice was sent with 14 days (apparently!)
all i can do now is that statutory declaration.
i cannot plea bargain as the p30 has expired now.
so i can plead not guilty or guilty for a reduced penalty but still 6 points!
I've looked into it and my defence isn't strong enough for any real chance.
i think y best bet is a guilty plea but stating 'special reasons'
these reasons would relate to the my situation at the time and the hospital stays etc.
I've heard the the court can be very leniant if these 'special reasons' are significant, sincere and well put.
the points and fine can even be totally scrapped..
back to crossing fingers!
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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