36mph in gf's car nip arrived at her's Advice
Discussion
or how much she likes you! 
Check www.abd.org.uk to ensure the 30 limits are correct.
Get her to fill out the form, don't sign it and return it.
Ask to go to court, and see if they drop it...
[illegal] Say it was Franco from Italy [/illegal]
Bend over to the police state, pay £60, 3 points and be labelled a child-killer.
Check www.abd.org.uk to ensure the 30 limits are correct.
Get her to fill out the form, don't sign it and return it.
Ask to go to court, and see if they drop it...
[illegal] Say it was Franco from Italy [/illegal]
Bend over to the police state, pay £60, 3 points and be labelled a child-killer.
andrew s2>> Did the NIP specify the location of the offence to an accuracy of at least four miles? If not, Young v. Day, 1959, 13 J.P. 31 should help you defend the speeding charge, 'A notice of intended prosecution which alleged that the offence took place on a stretch of road four miles long was lacking in specification.'
There is no point in her not signing. Her reply is of no evidential significance that you were driving at the time of the offence.
And by not signing, she would be exposing herself
to the possibility of a S172 prosecution, but for no gain.
She should, however, wait as far as possible into the 28 days before returning the form. This is to buy time, so that by the time you get yours, the unsigned issue may well have been to the High Court.
>> Edited by jeffreyarcher on Wednesday 18th February 00:12
puggit said:
Get her to fill out the form, don't sign it and return it.
There is no point in her not signing. Her reply is of no evidential significance that you were driving at the time of the offence.
And by not signing, she would be exposing herself
to the possibility of a S172 prosecution, but for no gain. She should, however, wait as far as possible into the 28 days before returning the form. This is to buy time, so that by the time you get yours, the unsigned issue may well have been to the High Court.
>> Edited by jeffreyarcher on Wednesday 18th February 00:12
If you have a clean license, take the points and get the appropriate countermeasures for the car in future.
Only fight if you are willing to go all the way as once you have turned down the NIP for whatever reason then its off to court we go.
At least if you arm yourself next time you know that they are going to miss out on your £££ in future
Gh0st
Only fight if you are willing to go all the way as once you have turned down the NIP for whatever reason then its off to court we go.
At least if you arm yourself next time you know that they are going to miss out on your £££ in future
Gh0st
MajorClanger said:Ask Christine and Neil Hamilton - they got off with that defence...
were you by any chance both in the car, and sharing the driving on that particular journey ? tread carefully here though.
What happens if you are sharing the driving and can't remember which of you was driving at that particular part of the journey?
MC
However, strictly speaking that defence has no place in law...
puggit said:
However, strictly speaking that defence has no place in law...
Wrong. It's RTA 1988 S172(4).
Best Regards,
Paul Smith
Safe Speed
www.safespeed.org.uk
safespeed said:Oops - Paul please fill us in
However, strictly speaking that defence has no place in law...
Wrong. It's RTA 1988 S172(4).
Best Regards,
Paul Smith
Safe Speed
www.safespeed.org.uk
puggit said:
Ask Christine and Neil Hamilton - they got off with that defence...
However, strictly speaking that defence has no place in law...
Apart from s172(4) it is well established at common law and known as a cut-throat defence. A says B did it. B says A did it. Same evidence evidence against both parties. In the absence of any other evidence, no adjudicator could find the case beyond reasonable doubt.
36 in a 30 is not 1 mph, it is 6 mph, or 20%! I cannot condone speeding in a properly placed 30mph zone.[/quote]
I don't condone speeding either.
In this case the gatso was just after the speed sign, country lane, down hill, no street lighting, after unrestricted road. I was doing about 40, took foot off gas to slowdown and scope the road ahead in unfamiliar territory and flash. I looked in the mirror and saw the gatso.
Probably an accident black spot and deserved a great big sign saying so. But the flash took my eyes off the road in front for that split second that could have been the moment little johnny wobbled on his bike.
as a parent and son of retired drivers I'd be happier if the gatso had been preceeded by a giant accident black spot sign.
while I'm at it lets have a 20 mph limit on residential side roads and outside schools rigorously enforced with gatso's and giant signs not these stujpid humps. the streets are for children and granny's too. I used to love playing out the front.
any way I have a clean licence so I'll probably take the pain after I've checked out the legality of the road signs.
I don't condone speeding either.
In this case the gatso was just after the speed sign, country lane, down hill, no street lighting, after unrestricted road. I was doing about 40, took foot off gas to slowdown and scope the road ahead in unfamiliar territory and flash. I looked in the mirror and saw the gatso.
Probably an accident black spot and deserved a great big sign saying so. But the flash took my eyes off the road in front for that split second that could have been the moment little johnny wobbled on his bike.
as a parent and son of retired drivers I'd be happier if the gatso had been preceeded by a giant accident black spot sign.
while I'm at it lets have a 20 mph limit on residential side roads and outside schools rigorously enforced with gatso's and giant signs not these stujpid humps. the streets are for children and granny's too. I used to love playing out the front.
any way I have a clean licence so I'll probably take the pain after I've checked out the legality of the road signs.
andrew s2 said:
after I've checked out the legality of the road signs.
www.abd.org.uk/speed_limit_signs.htm
andrews2 said:
no street lighting
In that case, you should also check:
www.abd.org.uk/pr/385.htm ,
www.abd.org.uk/30.htm , and, if it was an illegal limit, www.abd.org.uk/30_action.htm .
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