Speeding Ticket Advice

[Joratk]

I received a speeding ticket on 14th July this year, stating I was caught speeding on the 8th June doing 33 in a 30 at 6am. I sent a letter promptly back to them saying I was aware of the position of this camera and it's a journey I make very often, therefore I believe it was a mistake on their behalf. I heard nothing until I got a letter through the door on the 3rd of November a couple of weeks ago, stating that I had to pay the £60 fine and take 3 points - no choice for awareness course or anything...

So my question is - do I contest this and go to court? One, I don't believe I was speeding, and two the first letter arrived ~6weeks after the event and the second one ~4months after I replied to them! Or, do I take it on the chin and move on?

[Durzel]

The elusive 33 in a 30 ticket.. if memory serves there's a pint and/or donation(s) to charity up for grabs if you're prepared to post a redacted scan of it.

[gsxr renegade]

Joratk said:

I received a speeding ticket on 14th July this year, stating I was caught speeding on the 8th June doing 33 in a 30 at 6am. I sent a letter promptly back to them saying I was aware of the position of this camera and it's a journey I make very often, therefore I believe it was a mistake on their behalf. I heard nothing until I got a letter through the door on the 3rd of November a couple of weeks ago, stating that I had to pay the £60 fine and take 3 points - no choice for awareness course or anything...

So my question is - do I contest this and go to court? One, I don't believe I was speeding, and two the first letter arrived ~6weeks after the event and the second one ~4months after I replied to them! Or, do I take it on the chin and move on?

fixed penalties have been £100 for a few years now.

[Joratk]

I already posted a photo of it in the "I Got Caught..." thread (http://www.pistonheads.com/gassing/topic.asp?h=0&t=1529684)

[Joratk]

gsxr renegade said:

fixed penalties have been £100 for a few years now.

Perhaps I should have prefaced this thread by stating I live in N.Ireland...

[Roo]

You never answered in that thread whether or not it's your own car.

[Joratk]

It is my own car, not a company car

[TooMany2cvs]

Joratk said:

So my question is - do I contest this and go to court? One, I don't believe I was speeding

Then, yes, you need to contest it and take it to court. That's where you put your defence forward, against the evidence against you, and let the magistrate decide who is right.

Joratk said:

and two the first letter arrived ~6weeks after the event

To the registered keeper's address on the V5C (or whatever the NI equivalent is?)

[Joratk]

If I don't win the court case what are likely outcomes?

And yep arrived at the registered keeper's address (my address)

[TooMany2cvs]

Joratk said:

If I don't win the court case what are likely outcomes?

Bigger fine, more costs, perhaps more points.

[Joratk]

TooMany2cvs said:

Bigger fine, more costs, perhaps more points.

This is what I feared... Which is why I'm considering just taking it on the chin.

Would the fact that they've took over 5 months now to issue the offence help me in any way in court?

[Retroman]

Joratk said:

If I don't win the court case what are likely outcomes?

And yep arrived at the registered keeper's address (my address)

If your only defence is you don't believe you were speeding, you won't win.
Likely outcome is more points and bigger fine.
FPN is as good as you'll get.

[EU_Foreigner]

You only have to sit out one more month before it expires though? They have to lodge the papers at court before the 6 months from the date of offense.

[btcc123]

As you say that the fine in N.Ireland is £60 compared the the rest of the UK at £100 is the timescales also different in the time between the actual speeding offence and the NIP being received at the registered keepers address.

[Joratk]

EU_Foreigner said:

You only have to sit out one more month before it expires though? They have to lodge the papers at court before the 6 months from the date of offense.

Is this for definite? 6 months from date of offense would be 8th December which is relatively close...

btcc123 said:

As you say that the fine in N.Ireland is £60 compared the the rest of the UK at £100 is the timescales also different in the time between the actual speeding offence and the NIP being received at the registered keepers address.

Quick Google suggests it is supposed to be served in the 14 day timescale. I know they allow a bit of leeway is allowed but I think 5 months is a bit ridiculous?

[btcc123]

I have just checked and the 14 day rule applies to Northern Ireland but there are some exceptions below that my relate to the OP.

The police must serve an NIP within 14 days of the alleged speeding offence, but there are some circumstances in which the notice will still stand even if it's served later than this, for example:

If extra time is needed for the police to act with 'reasonable diligence' to find out who the registered keeper is and how to contact them; or
If the delay was the driver’s fault, for example because they have not told the DVLA of a recent change of address.

Below are the ACPO speed enforcement guidelines:

Speed limit Min speed for a speeding ticket Min speed for prosecution
20mph 24mph 35mph
30mph 35mph 50mph
40mph 46mph 66mph
50mph 57mph 76mph
60mph 68mph 86mph
70 mph 79mph 96mph

I wonder why the police have prosecuted you when the NIP took longer than 14 days to arrive and for a speed of 33 when the guidelined are 35 in a 30 zone.

Seams like an easy win in court,unless there is something you are not telling us.

[SS2.]

Joratk said:

Quick Google suggests it is supposed to be served in the 14 day timescale. I know they allow a bit of leeway is allowed but I think 5 months is a bit ridiculous?

The NIP didn't take 5 months to serve, although the first you heard of it does appear to have been about 5 weeks after the alleged offence.

Had you moved address around that time ? Was the vehicle a recent purchase ? Was it your name & address details on the V5C and were those details correct ?

[Joratk]

Those are the circumstances. Not hiding anything. I make the journey with two other people and every time we're coming to the camera there's always a "watch out for the this camera", "don't forget about this camera" etc. So I just can't believe that on this particular day all 3 of us forgot about it and sped past it, which is why I believe a faulty camera perhaps.

How would I go about receiving the evidence without going to court? I did send them a letter but didn't get a reply, only this FPN 5 months after the fact. I'm just very conscious of being a big lad and going to court and then getting stung worse than I need to if I do lose the court case. I also don't want "I was only doing 33" to be part of my defense, as whilst that may be below the threshold on the mainland, it still is speeding.

[Joratk]

SS2. said:

The NIP didn't take 5 months to serve, although the first you heard of it does appear to have been about 5 weeks after the alleged offence.

Had you moved address around that time ? Was the vehicle a recent purchase ? Was it your name & address details on the V5C and were those details correct ?

Nope same address throughout, owned the vehicle for about 2 years now and all details are correct...

[TooMany2cvs]

Joratk said:

Those are the circumstances. Not hiding anything. I make the journey with two other people and every time we're coming to the camera there's always a "watch out for the this camera", "don't forget about this camera" etc. So I just can't believe that on this particular day all 3 of us forgot about it and sped past it, which is why I believe a faulty camera perhaps.

May I suggest a different scenario?

It wasn't that camera, but a different one you weren't expecting...