Benn caught speeding, Help!
Benn caught speeding, Help!
Author
Discussion

Rednut05

Original Poster:

9,173 posts

243 months

Wednesday 6th September 2006
quotequote all
Hi,

I've been driving less than 2 years and I have been caught speeding.

I was caught doing 83 in a 70 on the A303 in Wiltshire by a speed camera on bank holiday Monday.

I'm under my mothers insurance so she has recieved the documentation.

I think the speed camera was one that took a photo of the rear of the car and not the front. I also seem to remember white lines on road at the same place.

What should be my 1st steps?

Homer J

789 posts

248 months

Wednesday 6th September 2006
quotequote all
Oh dear,

Buy her a nice bunch of flowers.

littlegreenfairy

10,134 posts

251 months

Wednesday 6th September 2006
quotequote all
In Wiltshire eh?

I'd start counting your pennies..

smeggy

3,241 posts

269 months

Wednesday 6th September 2006
quotequote all
Assuming you were actually speeding:
Ma must return the nip stating you as the driver – I hope the thought that she could take the points for you has not crossed your mind!!! !!!

ean218

2,044 posts

280 months

Wednesday 6th September 2006
quotequote all
Rednut05 said:


What should be my 1st steps?


If you were driving her car then you don't have to do anything, yet. She has to comply with the S172 request she has received to the best of her ability.

If she names you as the driver you will then get your own NIP/S172. You then either 'fess up, pay the fine and go on your way, or fight it - see pepipoo.com for info.

Rednut05

Original Poster:

9,173 posts

243 months

Wednesday 6th September 2006
quotequote all
No, I wouldn't get her to take the points nor would she do it.

Its ironic really as today I was waiting for her to get home to take the car to go buy a road angel from the nearby Halfords.

So I can't like try to blag it or ask for the photo or anything?

Does she by law have to say it was her.

I'm guessing i'm....hmmm whats a good word...buggered?

Rednut05

Original Poster:

9,173 posts

243 months

Wednesday 6th September 2006
quotequote all
So if she names me as the driver at the time. Do I then get my very own NIP sent through to me. Basicly the same just with different name on it?

cooperman

4,428 posts

280 months

Wednesday 6th September 2006
quotequote all
You'll get an NiP of your very own inviting you to name the driver (i.e. confess).
However, you might like to use the PACE defence and to see what this is go to 'Pepipoo'.
Alternatively, just 'fess up', pay the £60 and get the 3 points withouit a fight.
It's up to you.

Rednut05

Original Poster:

9,173 posts

243 months

Wednesday 6th September 2006
quotequote all
So reffering to Pace as desribed here in doing this it'll all end up in court?

Rednut05

Original Poster:

9,173 posts

243 months

Wednesday 6th September 2006
quotequote all
So basicly I have to be cautioned and sending this letter will say come caution me or drop it?

Its very likely they will do that though isn't it. Come caution me.

I'm guessing also thats its just any police force who could do the cautioning and not the force from where I recieved the nip from?
I.E. Wiltshire as opposed to my location, Hampshire.

cooperman

4,428 posts

280 months

Wednesday 6th September 2006
quotequote all
There is an established standard letter which you'll find on Pepipoo. This you send back instead of the 'filled-in' NiP. It bhas already been ruled by the Court of Appeal that, espite what the NiP indicates, it's entirely legal to send a letter with the required information on. The letter gives the information required under S.172, but it goes on to say that the information is given on the understanding that it is not used as evidence against the person providing that information as that person has not been cautioned under the PACE.
Anyway, that's the gist of it and if you want to go down that route, you would be advised to become very familiar with this, not just to have read one page from Pepipoo. There is a lot of information to help you and it's certain that in a lot of cases, when the PACE route is used, the prosection is given up by the CPS/Scammers.

Rednut05

Original Poster:

9,173 posts

243 months

Wednesday 6th September 2006
quotequote all
Where is a good source of intomation of this? Just google it or a certain place?

Thanks for all your help

NugentS

699 posts

277 months

Wednesday 6th September 2006
quotequote all
Rednut05 said:
So if she names me as the driver at the time. Do I then get my very own NIP sent through to me. Basicly the same just with different name on it?


But just in case make sure you keep a copy (noted with date recieved)of the initial NIP...

And visit www.pepipoo.com

Sean

Dwight VanDriver

6,583 posts

274 months

Wednesday 6th September 2006
quotequote all
>>>>>>It bhas already been ruled by the Court of Appeal that, espite what the NiP indicates, it's entirely legal to send a letter with the required information on.<<<<<

Missed that one Peter, plenty of others to the contrary. Have you a transcript? Current cases before ECHR to establish the rights and wrongs of 172 which I understand will be heard 27/28th September.

Have heard that some SCP do not accept PACE letter and take to Court where if taken in this case 6 points given then poster will lose his Licence under the New Driver scheme.
(6 points in two years of passing test).

dvd

cooperman

4,428 posts

280 months

Wednesday 6th September 2006
quotequote all
Dwight VanDriver said:
>>>>>>It bhas already been ruled by the Court of Appeal that, espite what the NiP indicates, it's entirely legal to send a letter with the required information on.<<<<<

Missed that one Peter, plenty of others to the contrary. Have you a transcript? Current cases before ECHR to establish the rights and wrongs of 172 which I understand will be heard 27/28th September.

Have heard that some SCP do not accept PACE letter and take to Court where if taken in this case 6 points given then poster will lose his Licence under the New Driver scheme.
(6 points in two years of passing test).

dvd


Hi DvD,

There was a well-known case, in Wales I think, where the info was supplied in letter form and the mags decided it was not provided. The court of appeal overturned this and determined that the info simply must be provided in written for, must contain the infor required under S.172 and must be signed. that was where the PACE defence came from.
A friend of mine used a PACE letter a few months ago and has never heard any more.
Paul at SafeSpeed will be able to quote chapter and verse on this.

Peter

polus

4,343 posts

255 months

Wednesday 6th September 2006
quotequote all
cooperman said:
Dwight VanDriver said:
>>>>>>It bhas already been ruled by the Court of Appeal that, espite what the NiP indicates, it's entirely legal to send a letter with the required information on.<<<<<

Missed that one Peter, plenty of others to the contrary. Have you a transcript? Current cases before ECHR to establish the rights and wrongs of 172 which I understand will be heard 27/28th September.

Have heard that some SCP do not accept PACE letter and take to Court where if taken in this case 6 points given then poster will lose his Licence under the New Driver scheme.
(6 points in two years of passing test).

dvd


Hi DvD,

There was a well-known case, in Wales I think, where the info was supplied in letter form and the mags decided it was not provided. The court of appeal overturned this and determined that the info simply must be provided in written for, must contain the infor required under S.172 and must be signed. that was where the PACE defence came from.
A friend of mine used a PACE letter a few months ago and has never heard any more.
Paul at SafeSpeed will be able to quote chapter and verse on this.

Peter


'They' have upto six months if I remmeber correctly?

ultimasimon

9,646 posts

288 months

Wednesday 6th September 2006
quotequote all
mungo said:
Just pay the fine, recieve the points and take it on the chin - You won't get off it ... You'll only complicate matters for yourself

I recieved my first points aged 20 driving a TVR at 48 in a 30

Edited by mungo on Wednesday 6th September 19:06


We were all young once even you Mungo

I guess it all boils down to whether or not the speed was actually safe for the conditions/experience of the driver, and whether or not one accepts that being nicked for 83 in a 70 is worthy of conviction given the circumstance?

As much as I take onboard your viewpoint (given the bias) the lesson for him has been learnt by having the relevent paperwork served, and I say if he can off on a technicality - so be it.

gshughes

1,349 posts

285 months

Wednesday 6th September 2006
quotequote all
from the title of the post I thought Tony Benn had been done for speeding 1

Parrot of Doom

23,075 posts

264 months

Wednesday 6th September 2006
quotequote all
Did your mam know you were driving the car?

Perhaps she was out of the house the entire day, and didn't even notice the car move from its parked position. In which case, how could she name anybody as a driver?

heebeegeetee

30,191 posts

278 months

Wednesday 6th September 2006
quotequote all
Parrot of Doom said:
Did your mam know you were driving the car?

Perhaps she was out of the house the entire day, and didn't even notice the car move from its parked position. In which case, how could she name anybody as a driver?


This is true. Your mom would obviously assume you had driven the car, but does she actually have any hard evidence? I suggest you give her a grilling: "Mrs Rednut, I put it to you..." etc etc.