The 36 point Mystery.
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Discussion

andywhitwham

Original Poster:

5 posts

68 months

Thursday 28th January 2021
quotequote all
Hi All,

My first post here so I hope its understandable... Just got a dreaded speeding fine through the letterbox saying I was caught doing 36mph.

Firstly I KNOW I wasnt doing 36mph as the damned speed camera is less than 200yds from my front door and not only am I always doing less than 30mph when I pass that camera, Im also slowing down as Im about to turn right off the main road to go into the road leading to my front door. Ive read online about this +30mph + 10% etc, etc and whilst I understand that what if someone is actually doing 30mph ??

Secondly I posted an annoyed Facebook post on my local village thread asking if anyone else has been 'flashed' by that camera and to my amazement there have been a LOT, all fined for going 36mph. Coincidence? , or something wrong with that camera.

I have had 3 speeding fines over the last few years, 34mph, 35mph and 36mph in 30mph zones. All these Fixed Penalty notices came with a link so I could go view my car's photograph as it was 'flashed' . I paid the fine and, in one instance did the speed awareness course, no problem as it was my own stupid fault and no arguments at all there.
However on this latest fixed penalty notice there is no link to go view a photograph, so there is no way it seems that I can go view the evidence to give me proof. ( although there is NO way I was going 36mph for the reasons I stated earlier.

Finally, why dont I just pay the fine and take the points? I am sat with 12 points on my licence with 6 of those points expired ( but still have another couple of months left before they are deleted from the licence ). The other 6 points were from driving with no insurance ( a stupid mistake I made when buying a new car, I thought I was covered but evidently I wasnt), SO Im sat here with 12 points and looking at a probably ban, so one can understand my anxiety to check every possible fact that I can... eg: why have so many local people who have been flashed by that camera been sent a intended prosecution saying they were ALL doing 36mph? ...why havent I got access to see photographic evidence ?

Okay thats all, sorry to go on a bit...lol... best wishes & stay safe ~ andy






f1nn

2,694 posts

221 months

Thursday 28th January 2021
quotequote all
If you are that sure you are not guilty, dispute it.

It will eventually go to court and at that stage they will be unable to prove it.

If they are unable to provide any evidence of the offence it will likely get dropped before it reaches court.

However, your recent driving history is shocking!

MorganP104

2,605 posts

159 months

Thursday 28th January 2021
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I think your best course of action here is to dispute the NIP, and hope you tie them up in enough knots to wait out the expiry of the 6 points on your licence that are due to disappear in a couple of months.

Worst case scenario, the whole thing takes 3 months+, and they throw your dispute out. Pay up, take the points (your licence will then have 9 points on).

Best case scenario, the court upholds your dispute, and throw the ticket out. No fine, no points.

Win win (kind of).

FazerBoy

1,001 posts

179 months

Thursday 28th January 2021
quotequote all
Maybe your speedometer is faulty? Seriously.

Richard-390a0

3,484 posts

120 months

Thursday 28th January 2021
quotequote all
andywhitwham said:
Hi All,

My first post here so I hope its understandable... Just got a dreaded speeding fine through the letterbox saying I was caught doing 36mph.

Firstly I KNOW I wasnt doing 36mph as the damned speed camera is less than 200yds from my front door and not only am I always doing less than 30mph when I pass that camera, Im also slowing down as Im about to turn right off the main road to go into the road leading to my front door. Ive read online about this +30mph + 10% etc, etc and whilst I understand that what if someone is actually doing 30mph ??

Secondly I posted an annoyed Facebook post on my local village thread asking if anyone else has been 'flashed' by that camera and to my amazement there have been a LOT, all fined for going 36mph. Coincidence? , or something wrong with that camera.

I have had 3 speeding fines over the last few years, 34mph, 35mph and 36mph in 30mph zones. All these Fixed Penalty notices came with a link so I could go view my car's photograph as it was 'flashed' . I paid the fine and, in one instance did the speed awareness course, no problem as it was my own stupid fault and no arguments at all there.
However on this latest fixed penalty notice there is no link to go view a photograph, so there is no way it seems that I can go view the evidence to give me proof. ( although there is NO way I was going 36mph for the reasons I stated earlier.

Finally, why dont I just pay the fine and take the points? I am sat with 12 points on my licence with 6 of those points expired ( but still have another couple of months left before they are deleted from the licence ). The other 6 points were from driving with no insurance ( a stupid mistake I made when buying a new car, I thought I was covered but evidently I wasnt), SO Im sat here with 12 points and looking at a probably ban, so one can understand my anxiety to check every possible fact that I can... eg: why have so many local people who have been flashed by that camera been sent a intended prosecution saying they were ALL doing 36mph? ...why havent I got access to see photographic evidence ?

Okay thats all, sorry to go on a bit...lol... best wishes & stay safe ~ andy
Get proof that everyone has been caught at 36mph if you believe that to be the case / the camera is faulty?.

Vickers_VC10

6,759 posts

234 months

Thursday 28th January 2021
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Ah! So you're one of 'those' people.

EyeHeartSpellin

716 posts

112 months

Thursday 28th January 2021
quotequote all
Stopping distance at 40mph is 36m. And you were 180m from a road you are turning down. So you were probably just going 36mph.

SturdyHSV

10,443 posts

196 months

Thursday 28th January 2021
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Fitted aftermarket wheels with larger diameter and larger tyre circumference? Speedo could thus be under reading scratchchin

Also, 'everyone' caught doing 36 is likely simply because they've set the camera not to go off at 35mph...

As for the "what if someone is doing 30mph", 30mph + 10% would be 33mph, so you'd be done for 34mph and over. So if you were doing 30mph, you'd be fine, and not fined.

The whole point of the +10% is to avoid overly punitive results where someone is doing 1 or 2mph over the limit. It is also rounded down for the avoidance of any confusion, if the limit was enforced at 30mph, you could be caught at 30.9 mph and you would be fine.

Should also add the +10% and such is set at the local level, Thames Valley may operate +10% + 1mph, North Yorkshire may operate zero leeway, it's up to the local constabulary, but having a +10% leeway was quite common in my experience.

Edited by SturdyHSV on Thursday 28th January 16:55

Roger Irrelevant

3,389 posts

142 months

Thursday 28th January 2021
quotequote all
Wot they said. Ask for evidence that a) you were recorded doing 36, and b) the camera has been properly calibrated. You might not get it straight away if the police want to be awkward but it'll have to come out at some point. I'd put absolutely no reliance on the facebook posts. I bet a pound to a penny that either they were in fact doing 36, simply because that's the sort of speed that people tend to do there, or they were doing something close-ish to 36 and just said that that's the exact speed they were doing. You tend to get strange people on village facebook sites and it then lets them think that, rather than having been a bit dozy to get caught speeding on their doorstep, they've been wronged by The Man.

deckster

9,631 posts

284 months

Thursday 28th January 2021
quotequote all
I would lay money that the camera is set with an allowance of 10%+2. 36mph is the lowest speed that anybody will be done for. It is only reasonable that the lowest prosecuted speed will also be the most common.

SturdyHSV

10,443 posts

196 months

Thursday 28th January 2021
quotequote all
deckster said:
I would lay money that the camera is set with an allowance of 10%+2. 36mph is the lowest speed that anybody will be done for. It is only reasonable that the lowest prosecuted speed will also be the most common.
It's a fair assumption

https://www.confused.com/on-the-road/driving-law/s...

Vast majority are 10% + 2, Tfl is 10% + 3. The link says 10% plus 2 means you'd get fined at 35 but I don't think that's the way it works, 10% + 2 means 35mph is allowed, so 36 is the minimum it would go off at.

Exige77

6,523 posts

220 months

Thursday 28th January 2021
quotequote all
OP, I’m a bit confused by your post.

Points stay on your licence for 4 years but only count for totting up for 3.

You say you have 12 points on your licence but 6 have now expired so you have 6 live points for totting up purposes ?

Not sure why you mentioned this unless you thought another 3 points from this current episode would make you liable for totting up ?

p4cks

7,494 posts

228 months

Thursday 28th January 2021
quotequote all
Exige77 has a very good point. You're best off finding out how many points you actually have by contacting the DVLA.

Secondly, respond to the Police (do not sign the NIP or return it at this stage) explaining that you need more information and would they kindly supply the photo to help each other