Summons - already accepted S59 at the roadside

Summons - already accepted S59 at the roadside

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kiethton

Original Poster:

13,949 posts

182 months

Tuesday 19th July 2016
quotequote all
techguyone said:
Karma would be, the magistrate seeing the forum postings by the OP and acting accordingly, from everything I've read he's not sorry, he's trying to game the system to the extent of lying outright, trying pick n mix with the punishment, has already expressed that he just won't get caught next time not that he'll drive more appropriately, very likely to use another driving license elsewhere, again dishonest. In short, learnt nothing, gaming the system and likely to carry on as before, Magistrates love those kind of people.

OP the picture you're painting is that you're a tool and you're playing with fire, hope you don't get burnt.
I would never lie to the court, could do without a PCOJ charge. In life I always try to stay as far into the grey as possible without straying into the black, nowt wrong with that.

What I'm doing is perfectly legal, I know I can't decide the punishment but through carefully timing replies and shaping my statements I can attempt to influence the outcome, nothing wrong with that. They ask net earnings, if I can salary sacrifice to get to a lower number there is nothing wrong with that, they could always ask for a gross number, far harder to work. In itself salary sacrifice isn't ideal as i'll be tying up cash in my SIPP for ~30 years.

Nothing dishonest about driving abroad when permitted to do so, I wouldn't drive in the UK if banned here (outside of a life threatening emergency).


kiethton

Original Poster:

13,949 posts

182 months

Tuesday 19th July 2016
quotequote all
KevinCamaroSS said:
surveyor_101 said:
Think the OP was angling that he may have amended proofs for his income showing it lower.

In reality, don't they just trust you to be honest on the form?
Why would they, you are up on a criminal charge? Essentially it seems they do to a major extent.
Just to highlight that nothing would be amended - the number I disclose will accurately reflect my NET income for the month

kiethton

Original Poster:

13,949 posts

182 months

Friday 22nd July 2016
quotequote all
Efbe said:
why am I not surprised.

There is one general theme to these threads. The OP never seems to hear what is being said, only what they want to hear.

This OP has said time and time again that it was completely not his fault, and the police are making it up... yet he was way over the speed limit, failed to see a police car, obviously was driving too close to others to make them pull over, ergo on a motorway with too many cars to even consider driving like this... and yet will glance over this and not for a second think he was in any way wrong.
I've not said that it wasn't my fault, I accept I was speeding but in no way was "I bullying other cars out of the way" - the road was near empty and the one nugget that pulled out to L3 to over-take didn't check properly/pull back in a timely manner, by the time I'd actually got to a "bullying" distance the car was long back into L1/2.

kiethton

Original Poster:

13,949 posts

182 months

Friday 22nd July 2016
quotequote all
Chester draws said:
How much of a difference to any outcome is the "bullying" part of the police statement actually going to make??

It has been asked but not answered whether the summons is for 'just' speeding, or if there is another charge of careless etc?

If there is no careless charge, does speeding and "bullying" carry a greater penalty than 'just' speeding?
Only speeding on the summons, hoping it makes no difference

kiethton

Original Poster:

13,949 posts

182 months

Saturday 6th August 2016
quotequote all
Paperwork received - on legal advice from a very well respected motoring solicitor it was completed inline with guidance and sent back a few days before the deadline.

Awaiting next contact.

kiethton

Original Poster:

13,949 posts

182 months

Saturday 6th August 2016
quotequote all
johnwilliams77 said:
kiethton said:
Paperwork received - on legal advice from a very well respected motoring solicitor it was completed inline with guidance and sent back a few days before the deadline.

Awaiting next contact.
Good luck
Thanks, fingers xed!

kiethton

Original Poster:

13,949 posts

182 months

Friday 23rd September 2016
quotequote all
End result for closure - 6 points, £300 fine + normal bits

Big thanks to Andrew (AGT Law) for help with the mitigation statement which I submitted last month and had to read out in the room this morning.

kiethton

Original Poster:

13,949 posts

182 months

Friday 23rd September 2016
quotequote all
Yeah not too bad, got my income down to ~£1200 for last month so is still a little high considering, could be worse though I guess.

Not (and has never been) my intention to routinely do 100+ in this country, already been training myself to just hit the CC resume button

kiethton

Original Poster:

13,949 posts

182 months

Saturday 24th September 2016
quotequote all
No as the date as been and gone, I've got my punishment

Before yesterday my personal info was heavily redacted. Beyond that in everything I've done to mitigate the outcome I haven't done anything illegal although something tells me that they may have seen through an element of the income section as a fine discounted to £300 is a bit more than 1 week of the net ~£1200 I declared I earned a month - it's more like the pre- discounted amount (should have been ~£200) but I'll begrudgingly take it as without the pension contribution last month it'd be at least double

kiethton

Original Poster:

13,949 posts

182 months

Saturday 24th September 2016
quotequote all
ruggedscotty said:
£35k a year? not to shabby a salary.....

ive read this with interest and glad to see you managed to escape a ban. hope that its now sorted and in the past but you have also learned a lot from the experience.

1. you were caught bang to rights....

2. over a ton on that section of road ? not wise. it was mentioned earlier that it has a high number of waggons plus its just had a merge from the M23 and some folks come up and swing out to lane 3 without checking mirrors. ive been along that part of the road many many times over the years and its quite an unpredictable stretch.

3. your quote => Please for those saying that conditions weren't great they were; there was little traffic there were 3/4 lanes to use, was driving an impeccably maintained (MOT & full service the week before coupled with new tyres) ~300bhp exec car well within both my own and the car's limits. To say it was dangerous on speed alone is false. I would reply - while your car is impeccably maintained you cant allow for upredicatable mechanical failure st happens, debris on the road ? One of the most impeccably maintained machines fell foul of that - it was called concord and it run over a piece of debris on the runway, and we all know what happened there. You may have the best car on the road and be a superb driver with full faculties and a blinding fast reaction time, however you are not going to be able to deal with all eventualities that occur. A waggon in front of you sheds a tire and jacknifes, someone does something totally unexpected on the road. your reaction times are limited by the distance you are covering. 110mph would mean that you are covering around 50 meters every second.

4. everyone around you is expecting that you will be going around 70, tipping up at over a ton could suprise quite a few.....

5. please - learn from your experience take a step back and think about it.

6. hope that you have many more trouble free miles and that plod doesnt trouble you to much.





Edited by ruggedscotty on Saturday 24th September 11:31
A fair chunk more than that so the fine wasn't too bad considerig, a £1500 pension contribution last month lowered the net number thankfully

Needless to say beyond informing the insurance co's when they renew in June/September next year nothing more will become of it. The S59 only has a few more months left and all smile

kiethton

Original Poster:

13,949 posts

182 months

Monday 26th September 2016
quotequote all
Reg Local said:
Anyway, this thread is wandering off topic - OP, you coming for some driver training now?
Yes, just had my right hand out of plaster so need to let it recover but would still be interested - you're based up north?

kiethton

Original Poster:

13,949 posts

182 months

Tuesday 27th September 2016
quotequote all
Ending the petty arguments, the fine is now all paid, the S59 has a couple more months to run and the points have a little over 2 years before they become inconsequential.

A fair result all round (the surcharges adding near 40% to the fine less so but that's another story...)

The credit card has another 1% sitting on it and life carries on, insurers will be informed at renewal and a brief comparison check looks like it'll add ~£50 to the annual cost, not a disaster.

On reflection I may look to move the E39 on come the spring (also partially driven by Sadiq's plans but that's another story) and move myself into something a whole lot less insulated - Griff 500/Exige/caterfield which should lower the natural cruising speed.

Reg thanks again - you should have an e-mail shortly

kiethton

Original Poster:

13,949 posts

182 months

Tuesday 27th September 2016
quotequote all
Natural cruising speed - some cars sit comfortably at different speeds to others

S59 - if I do anything bad they collect the car and I have to pay £200 to collect it - needless to say if they tried it (and if not done anything/they didn't have enough to charge with) they'd be sued for the cost back

kiethton

Original Poster:

13,949 posts

182 months

Wednesday 23rd November 2016
quotequote all
So as a final follow up I took a trip ooop north to see John (Reg Local) earlier this month.

Would heartily recommend it, a ~30 minute initial drive followed by a longer run out into the dales has really helped with the little things.

The main benefit was being able to read unfamiliar roads better, where before I was a little cautious unless I knew the road, this tuition has really helped me read the corners, helping maintain a far better, smoother speed.

Some pointers around ingrained bad habits/laziness and knowing some of the acceptable tolerances - my previous 78mph motorway 3 points being the exception - to try and prevent a recurrence of the above situation!

There were also a few other benefits, as a result my average MPG has increased a fair chunk which always helps (18 to 25) so all's well there too!

Generally I agree 100% with john's guidance, only issues being that sometimes, especially where I'm based (SE London/Kent) some of the processes aren't practicable in the real world:

Setting yourself in an O/S position before overtaking around here would result in the overtakee swerving to block you, or pinning the throttle to prevent it half the time, that and the available gaps are often a little tighter given higher traffic densities.

Whilst generally agree with observing speed limits in 20/30/40 zones some of the new initiatives (I'm looking at you Lewisham Council) that have seen open roads reduced down to 20mph for no apparent reason impractical to follow, I join the others and pass ala milkfloat where safe to do so - something I'd not do in a standard 30mph limit that was being observed. Whilst I realise that there is a risk if caught the levels of enforcement would need to shift significantly to modify the behaviour of myself and 90% of road users who proceed as normal.

The last is a personal criticism, when concentrating I'd like to think that I'm perfectly fine, my main problem comes when I'm driving with unconscious competency (https://en.wikipedia.org/wiki/Four_stages_of_competence) which I'm ashamed to admit is a good 80% of the time due to either distraction or fatigue - working hours don't help here. I think that modifying my subconscious to monitor the speed more proactively rather than driving to the conditions without checking it will be a thing to work on going forward.

Nonethless the afternoon was brilliant and I'd highly recommend it, applying a number of the principals to the motorbike will also be invaluable. I've already mentally checked into booking another session of driver training (and a road trip at the same time!) when it comes to upgrading the car to something with more performance if funds ever allow.

Thanks again John