Notice of Intended Prosecution :( wombles!

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seb421
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Notice of Intended Prosecution :( wombles!

Post by seb421 »

just got a letter through the post :(

53 Mph in a 30 zone by a mobile camera on Sunday @ 12:25 (think i had blipped it going down the hill before the next hill and round about)

on this road here http://maps.google.co.uk/maps?f=q&sourc ... 3&t=h&z=16

Am i best pleading guilty to the offence or saying prove it and asking for a calibration certificate of the device?

im worried if i ask them to prove it and then found guilty the fines will be immense and possibly more points.

if i admit to the offence of 53 mph in a 30 what is the fine likely to be? and how many points can i expect?

cheers guy's, seb.
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MJONESY
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Re: Notice of Intended Prosecution :( f*ck!

Post by MJONESY »

i would ask for the photographic evidence first of all, if nothing else it buys you a bit more time,
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benny hedges
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Re: Notice of Intended Prosecution :( f*ck!

Post by benny hedges »

pay it and stfu i'd say.
not worth causing a fuss, in my experience you just get bumfkt.
ive got 6 points on my licence for offences i didnt do and took to court - still got fined and points, plus costs plus the 15 surcharge.

not worth it.
pay it.
is there a court date??? if there is you could be looking at a bigger fine than the 60 but should still be 3 points.
if you're not sure ask a solicitor,

someone posted up an intereting (old) article on fine and points guidelines and im sure it wont have changed - think the thread was 'interesting read' or summat.

good luck anyway bud.
#
btw the 6 points i have, 3 were for using a mobile handsfree, on speakerfone - apparently it isnt an acceptable form of hands free operation - that went on for 6mths and i almost lost my licence over it plus over 300 in fines.
after id payed the 60 fixed penalty (under duress) - don't ask, still seething over it.

other 3 points, going thru a red light.
turning right onto a dual carriageway from a b road, i was waiting behing a geriatric in a r type civic when the lights turned to green.
i moved forward and the daft old git slammed on when he saw the red lights on sticks for the main carriageways.
i went round him, taking the inside lane, mustve hit a sensor in the road cos i was pictured going sideways through a red light.
i tried to explain in court that the red light was for the main road, i went through a green from the minor road, but waste of time, still got fines, costs plus the 15.
only saving grace, i threw my licence on the court floor in disgust and as the clerk bent to pick it up he twatted his head right on the corner of the wooden witness box lol (ouch)

i said Now that's justice!!!! ahahaha :beer: fiddler.

so avoid going to court if you can, unless you have a specialist solicitor.
there is a site (with a stupid name) pepipoo.com or sumat - they can give you advice on whats what.
You do not have to say anything. But it may harm your defence if you do not mention when posting something which you later rely on in quote. Anything you do say may be ripped to sh*t.
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cupasoop
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Re: Notice of Intended Prosecution :( f*ck!

Post by cupasoop »

Is this a competition? Is there a prize if we guess the points and fine you get

Lets see, you were doing almost twice the speed limit so I'll go for £250 fine and 6 points.

Edit - just had a wee search to see what speeds carried what fines and found this. Might want to go and get a bus pass just in case Seb . Or a lawyer.
I have been caught speeding. Is an instant driving ban likely?

Generally speaking, the higher the speed, the greater the risk of an instant ban and as a general rule of thumb, when the speeding offence is in excess of 45% of the speed limit, there is a risk of an instant driving ban:
Speed Limit

Speed Alleged
30 mph In excess of 51 mph
40 mph In excess of 66 mph
50 mph In excess of 75 mph
60 mph In excess of 85 mph
70 mph In excess of 100 mph

What is the likely length of an instant ban for a speeding offence?

It can vary from 7 to 56 days in most cases but in extreme case, could be as long as 120 days. The range of penalty points is 3–6 but in certain circumstances, the Court will impose an immediate ban and no points. However, if you already have 6 or more points on your licence and the speed alleged is so high that you would normally face an instant ban, the probability is that the Court will impose 6 points which would make your total 12 or more and you would face a totting up ban of 6 months.
Taken from here http://www.drivingban.co.uk/drivingban/ ... fences.htm
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Jbrebel
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Re: Notice of Intended Prosecution :( f*ck!

Post by Jbrebel »

A mate of mine got done at an average of 107mph on the M1 a few years back.

He recieved a 2 week ban and a honking fine. Im not sure if he recieved any points :think:

Anyway, that would slot in with what Rich has posted.

Dunno if it'll be easier to pay a fine if you have the option or try your hand in court. Tis up to you.
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tony.mon
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Re: Notice of Intended Prosecution :( f*ck!

Post by tony.mon »

Snap!
Just got a NIP for 50 in a 30 limit.
Drops from 50 to 40 to 30 in a few hundred yards, still, that's no excuse.
Mobile van in a known place locally, so I should have known better.

But my only other points are a three due to run up to it's three years in August, although I think they don't get removed form the license until four years are up.

Dunno which I prefer really- when I was younger you had loads of Plod around, I seemed to be getting pulled about once a week.
But now there's very few, it's only the speed cameras and the odd mobile van, but you can't have a chat and see if you can get away with it with a picture in the post.
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Re: Notice of Intended Prosecution :( f*ck!

Post by Jaglifter »

Seb

My son got done and challenged it on the basis that the radar gun wasn't calibrated properly. He asked for the type of gun, serial no. etc. Did lots of research.
The police produced the "calibration" document. Apparently the type used only needs to be calibrated against a static target and it wasn't corroborated by a third party.

Anyway the result was the same. Beak just brushed it all aside and did him 3 points + fine. However it did delay the whole process by some 6 months.

I'd say that unless you hire a good lawyer you're best to just pay up!
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Re: Notice of Intended Prosecution :( f*ck!

Post by geodude »

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Re: Notice of Intended Prosecution :( f*ck!

Post by rst steve »

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seb421
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Re: Notice of Intended Prosecution :( f*ck!

Post by seb421 »

Just read through the notice and form fully, I'm being prosecuted contrary to section 81 of the road traffic regulatory act 1984 and schedule 2 of the road traffic act 1988

it looks like I'm due to receive a fixed penalty set by the government at 60 quid and three endorsable points.


RE photographic evidence it says , Can i request photographic evidence? yes, however, please note as this is a summary offence we are not obliged to provide advance disclosure

What the wombles does that mean?
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seb421
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Re: Notice of Intended Prosecution :( f*ck!

Post by seb421 »

does that mean they would like to summon me to court?
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Re: Notice of Intended Prosecution :( f*ck!

Post by Jbrebel »

No.

It means they don't have to provide the pics prior to you paying the fine/recieving charges forr the summary offence.
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Re: Notice of Intended Prosecution :( f*ck!

Post by Stratman »

Sorry, but if you know you were speeding in a 30 then I'd just pay up and apologise, which might avoid a ban, though a court appearance is likely at that percentage above the limit. Equivalent to 106 on a "normal" road where a court appearance and ban would be usual.
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Pete.L
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Re: Notice of Intended Prosecution :( f*ck!

Post by Pete.L »

Yep!
I'd say pay up too.
As a general rule of thumb, as long as you haven't exceeded the speed restriction by 30mph you get to keep your licence.
They're holding all the cards Seb, not worth the hassle Bud

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seb421
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Re: Notice of Intended Prosecution :( f*ck!

Post by seb421 »

hi timbo, I'm a bit confused as at the moment they are asking for the details of who was riding the bike, me or my dad as he is also insured to ride it but hoping its just 3 points and a fine, if I get a ban I'm wombles for getting home from work at 3am, could I claim extreme hardship?
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