| Speeding fine 21:07 - Feb 27 with 3155 views | gardins01 |
Just got a letter through saying I was doing 49 in a 40 Mph zone on the m5. I saw the 50 limit and reduced speed but didn't see the 40. This was back in August 2016 and only just come through. Someone told me it goes to 40 when workmen are on the motorway but I didn't see anyone. It was 11.15 at night. Tempted to go to court as feel really hacked off with it. Anyone been to court and won? |  | | |  |
| Speeding fine on 21:14 - Feb 27 with 3106 views | JoeSoap |
For speeding they can't prosecute you unless you were served a notification of intended prosecution within 14 days of the offence. |  |
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| Speeding fine on 21:20 - Feb 27 with 3067 views | MJallday |
| Speeding fine on 21:14 - Feb 27 by JoeSoap |
For speeding they can't prosecute you unless you were served a notification of intended prosecution within 14 days of the offence. |
just ad addendum to this
The law clearly states that a written nip must be served to the registered keeper within 14 days. If the driver of the car receives it later than that because the keeper takes a few days to pass it on then the notice will still stand.
If a mags court has convicted a driver despite a breach of the 14 day rule then they have acted unlawfully. Sadly often a problem with Magistrates who sometimes like to think they know better than the statues.
The 14 day rule is explained better here
http://www.clearlicence.co.uk/caught/fortnightrule_index.html
incidently if you were caught by a policeman (as i was) , they have 6 months - c**ts
[Post edited 27 Feb 2017 21:20]
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| Speeding fine on 21:21 - Feb 27 with 3050 views | MJallday |
incidently where on the m5? i traverse it daily so know it well
last year the stretch between j1 and j4, j9 and 11a, and j12 to j15 was all 50, NOT 40 [Post edited 27 Feb 2017 21:21]
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| Speeding fine on 21:54 - Feb 27 with 2922 views | gardins01 |
| Speeding fine on 21:14 - Feb 27 by JoeSoap |
For speeding they can't prosecute you unless you were served a notification of intended prosecution within 14 days of the offence. |
Sorry I did receive the notice of intended procecution early September but then nothing more until today which is almost 6 months. It was Junction 7 where m5 meets m6. Not sure whether to go to court. Am I just wasting my time? | | | |
| Speeding fine on 22:00 - Feb 27 with 2882 views | sparks |
| Speeding fine on 21:54 - Feb 27 by gardins01 |
Sorry I did receive the notice of intended procecution early September but then nothing more until today which is almost 6 months. It was Junction 7 where m5 meets m6. Not sure whether to go to court. Am I just wasting my time? |
Did you not have opportunity to take points and fine?
What would your defence be now? |  |
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| Speeding fine on 22:51 - Feb 27 with 2749 views | MJallday |
| Speeding fine on 21:54 - Feb 27 by gardins01 |
Sorry I did receive the notice of intended procecution early September but then nothing more until today which is almost 6 months. It was Junction 7 where m5 meets m6. Not sure whether to go to court. Am I just wasting my time? |
Once youve had the NIP theyve got 6 months
My summons came through 1 day before the 6 months was up. I swear they sit on it
For 49 in a 40 you wont get more than 3 pts 60 quid, unless youve already got pts, so my advice is to suck it up. Wont really affect ur insurance. | |
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| Speeding fine on 07:20 - Feb 28 with 2558 views | m14_blue |
| Speeding fine on 22:51 - Feb 27 by MJallday |
Once youve had the NIP theyve got 6 months
My summons came through 1 day before the 6 months was up. I swear they sit on it
For 49 in a 40 you wont get more than 3 pts 60 quid, unless youve already got pts, so my advice is to suck it up. Wont really affect ur insurance. |
£100 now.
But yeah, I'd just pay it and move on.
Do the course if they give you the option. | | | |
| Speeding fine on 08:17 - Feb 28 with 2473 views | artsbossbeard |
Take the points or the speed awareness course, if offered. |  |
| Please note: prior to hitting the post button, I've double checked for anything that could be construed as "Anti Semitic" and to the best of my knowledge it isn't. Anything deemed to be of a Xenophobic nature is therefore purely accidental or down to your own misconstruing. | | Poll: | Raining in IP8 - shall I get the washing in? |
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| Speeding fine on 08:22 - Feb 28 with 2455 views | C_HealyIsAPleasure |
| Speeding fine on 21:20 - Feb 27 by MJallday |
just ad addendum to this
The law clearly states that a written nip must be served to the registered keeper within 14 days. If the driver of the car receives it later than that because the keeper takes a few days to pass it on then the notice will still stand.
If a mags court has convicted a driver despite a breach of the 14 day rule then they have acted unlawfully. Sadly often a problem with Magistrates who sometimes like to think they know better than the statues.
The 14 day rule is explained better here
http://www.clearlicence.co.uk/caught/fortnightrule_index.html
incidently if you were caught by a policeman (as i was) , they have 6 months - c**ts
[Post edited 27 Feb 2017 21:20]
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Last point is spot on and same, helpfully in my case they waited until 5 and a half months after I was pulled over to send the summons, just as I was starting to think I might get away with it |  |
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| Speeding fine on 08:30 - Feb 28 with 2438 views | BOjK |
So your defence is that you weren't really paying attention and you don't want to be fined?
I'd say you have a very strong case here. Go to court.
Be sure to let us know how you get on. |  |
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| Speeding fine on 08:36 - Feb 28 with 2406 views | artsbossbeard |
| Speeding fine on 08:30 - Feb 28 by BOjK |
So your defence is that you weren't really paying attention and you don't want to be fined?
I'd say you have a very strong case here. Go to court.
Be sure to let us know how you get on. |
Whilst not directly related, I'm keeping a close eye on this hearing:
http://www.eadt.co.uk/news/police_officer_denies_being_intoxicated_at_misconduct
One could argue that the PC in question holds some decent "weasling out of things" knowledge here. The bile thing being key to her defence. Interesting. | |
| Please note: prior to hitting the post button, I've double checked for anything that could be construed as "Anti Semitic" and to the best of my knowledge it isn't. Anything deemed to be of a Xenophobic nature is therefore purely accidental or down to your own misconstruing. | | Poll: | Raining in IP8 - shall I get the washing in? |
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| Speeding fine on 08:50 - Feb 28 with 2343 views | Basuco |
The speed awareness course is cheaper than the fine and points so take it if offered, that does make speeding look like a cash cow to me as it does not impact peoples jobs by losing a driving license while generating income. |  | | |
| Speeding fine on 09:02 - Feb 28 with 2307 views | Pinewoodblue |
| Speeding fine on 08:50 - Feb 28 by Basuco |
The speed awareness course is cheaper than the fine and points so take it if offered, that does make speeding look like a cash cow to me as it does not impact peoples jobs by losing a driving license while generating income. |
Awareness courses are indeed a cash cow. Know someone who has attended three in the last twelve months. He has avoided points for speeding, careless driving and using a mobile while driving.
Pretty sure some of the course fee ends up in the Police coffers.
They have recently doubled points, and fine, for using a mobile while driving presumably as a deterrent but what is the point if they then offer you an awareness course? |  |
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| Speeding fine on 09:05 - Feb 28 with 2294 views | artsbossbeard |
| Speeding fine on 09:02 - Feb 28 by Pinewoodblue |
Awareness courses are indeed a cash cow. Know someone who has attended three in the last twelve months. He has avoided points for speeding, careless driving and using a mobile while driving.
Pretty sure some of the course fee ends up in the Police coffers.
They have recently doubled points, and fine, for using a mobile while driving presumably as a deterrent but what is the point if they then offer you an awareness course? |
Aren't the rules changing so that you don't get offered the speed awareness course if caught on your mobile? It's now deemed too serious for the course, I thought?? | |
| Please note: prior to hitting the post button, I've double checked for anything that could be construed as "Anti Semitic" and to the best of my knowledge it isn't. Anything deemed to be of a Xenophobic nature is therefore purely accidental or down to your own misconstruing. | | Poll: | Raining in IP8 - shall I get the washing in? |
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| Speeding fine on 09:17 - Feb 28 with 2247 views | Pinewoodblue |
| Speeding fine on 09:05 - Feb 28 by artsbossbeard |
Aren't the rules changing so that you don't get offered the speed awareness course if caught on your mobile? It's now deemed too serious for the course, I thought?? |
He was caught for using mobile back in Septrmber. Was called a driver diversion awareness course. Find it ironic that in much of the country these courses are run, for a profit, by the AA. | |
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| Speeding fine on 09:19 - Feb 28 with 2234 views | artsbossbeard |
| Speeding fine on 09:17 - Feb 28 by Pinewoodblue |
He was caught for using mobile back in Septrmber. Was called a driver diversion awareness course. Find it ironic that in much of the country these courses are run, for a profit, by the AA. |
Gotcha! Different name, different spin.
It is a cash cow, but given the choice again, I'd still take the awareness course (however titled) over the points. | |
| Please note: prior to hitting the post button, I've double checked for anything that could be construed as "Anti Semitic" and to the best of my knowledge it isn't. Anything deemed to be of a Xenophobic nature is therefore purely accidental or down to your own misconstruing. | | Poll: | Raining in IP8 - shall I get the washing in? |
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| Speeding fine on 09:48 - Feb 28 with 2172 views | oldbluestu |
Was it one of the modern digital camera or the old fashioned type, if the latter was there white lines on the road? If no white lines then challenge it, demand they prove the camera was calibrated correctly. Get your solicitor to write to them and say you will challenge as far as court if they don't, that's what mine did last year and they dropped the fine. |  | | |
| Speeding fine on 10:16 - Feb 28 with 2116 views | GeoffSentence |
The bile thing sounds like acid reflux, loads of people get that could be a handy tip. |  |
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| Speeding fine on 10:17 - Feb 28 with 2114 views | factual_blue |
| Speeding fine on 08:30 - Feb 28 by BOjK |
So your defence is that you weren't really paying attention and you don't want to be fined?
I'd say you have a very strong case here. Go to court.
Be sure to let us know how you get on. |
It's a good job driving without due care and attention isn't an offence. |  |
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| Speeding fine on 10:19 - Feb 28 with 2104 views | artsbossbeard |
| Speeding fine on 10:16 - Feb 28 by GeoffSentence |
The bile thing sounds like acid reflux, loads of people get that could be a handy tip. |
The 20 minute window is interesting and something I'd not heard about before. | |
| Please note: prior to hitting the post button, I've double checked for anything that could be construed as "Anti Semitic" and to the best of my knowledge it isn't. Anything deemed to be of a Xenophobic nature is therefore purely accidental or down to your own misconstruing. | | Poll: | Raining in IP8 - shall I get the washing in? |
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