5 months and 30 days after speeding
Discussion
Sebba said:
Hi all - would also be interested in this? I also got caught doing a similar offence - got the NIP within the 2 weeks, which I promptly replied to but have not heard anything since.....it is now approaching 6 months since the offence so am wondering whether I need to be doing anything? Is the 6 month span not a hard deadline and there is some leeway in terms of sending you a court summons post this period?
The first case is Atkinson v DPP which was under the old rule where by the procecutor/police had to lay (give the facts of the case) before a Magistrates court. You will see that the defendant wins his case because the dates are out of time.In the second case Brown v DPP wich is under the new rule where the procecutor/police issue the charge supposedly withn six months the defendant loses the case.
The six month rule applies in law for both systems but the lates prosecutor/police issuing system is open to far more abuse than the previous system. I am am not convinced that something has been 'issued' when it has been written out by the prosecutor/police and sits on a desk for over a month!
Atkinson(old system) https://www.bailii.org/ew/cases/EWHC/Admin/2004/14...
Brown (new system) https://www.bailii.org/ew/cases/EWHC/Admin/2019/79...
HarmeetJohal1 said:
So we got our fine today...
Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
Fairly sure they take into account your income as well as hers? Assuming living together etc. Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
Can set up a payment plan as well.
HarmeetJohal1 said:
So we got our fine today...
Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
Without knowing her net weekly income, nobody here can tell you if £440 is excessive.Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
For an early guilty plea (to 50/30), the most likely fine is N x ⅔ and the sentencing range is N x ½ to N x ⅚ where N is her declared net weekly income.
HarmeetJohal1 said:
So we got our fine today...
Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
Did the court know your income details?Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
£440 is usually the default for non atteneders or no income details.
LosingGrip said:
HarmeetJohal1 said:
So we got our fine today...
Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
Fairly sure they take into account your income as well as hers? Assuming living together etc. Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
Can set up a payment plan as well.
Why should a spouse/partner also be punished financially for an offence that they didn't commit?
Is there a simple timeline for these types of offences?
I have found the ACPO guidelines etc, but in cases such as this were the speed is excessive and the offence is caught remotely either by a camera or speed gun etc as opposed to being stopped?
Is it 6 months before the receipt of any correspondence or (like here) is there an initial NIP/S172 that has to be sent within two weeks?
Or the other way of asking the question is if somebody happens to fly through a speed camera and doesn't receive any correspondence within 14 days, is it a lucky escape or do they have to wait for 6 months? Asking for a colleague of course.
I have found the ACPO guidelines etc, but in cases such as this were the speed is excessive and the offence is caught remotely either by a camera or speed gun etc as opposed to being stopped?
Is it 6 months before the receipt of any correspondence or (like here) is there an initial NIP/S172 that has to be sent within two weeks?
Or the other way of asking the question is if somebody happens to fly through a speed camera and doesn't receive any correspondence within 14 days, is it a lucky escape or do they have to wait for 6 months? Asking for a colleague of course.
garyhun said:
xjay1337 said:
garyhun said:
motco said:
Sounds like Marlow Hill in High Wycombe. It's notorious for catching people out.
I agree if that's where the offence was comitted. It's a bugger even going up that hill trying to keep your speed down, down is worse.So it’s easy to be ahead of the game when you know it, but the temptation is always there as there are no static cameras.
agtlaw said:
HarmeetJohal1 said:
So we got our fine today...
Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
Without knowing her net weekly income, nobody here can tell you if £440 is excessive.Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6
Doesn't that seem excessive? I'm not sure how she is going to pay that..
For an early guilty plea (to 50/30), the most likely fine is N x ? and the sentencing range is N x ½ to N x ? where N is her declared net weekly income.
LosingGrip said:
Schmed said:
You are supposed to remember if that happened nearly six months ago ?
They've not just found out about it now though have they? They found out she had been caught within the two weeks of the offence. A1VDY said:
garyhun said:
xjay1337 said:
garyhun said:
motco said:
Sounds like Marlow Hill in High Wycombe. It's notorious for catching people out.
I agree if that's where the offence was comitted. It's a bugger even going up that hill trying to keep your speed down, down is worse.So it’s easy to be ahead of the game when you know it, but the temptation is always there as there are no static cameras.
JimSuperSix said:
LosingGrip said:
Schmed said:
You are supposed to remember if that happened nearly six months ago ?
They've not just found out about it now though have they? They found out she had been caught within the two weeks of the offence. agtlaw said:
Without knowing her net weekly income, nobody here can tell you if £440 is excessive.
For an early guilty plea (to 50/30), the most likely fine is N x ? and the sentencing range is N x ½ to N x ? where N is her declared net weekly income.
50 in a 30, it’s pathetic. The Police wonder why the motorist can’t stand them? It should have been a SAC, fine and 3 points. But the Police don’t give a sFor an early guilty plea (to 50/30), the most likely fine is N x ? and the sentencing range is N x ½ to N x ? where N is her declared net weekly income.
t about educating drivers. garyhun said:
JimSuperSix said:
LosingGrip said:
Schmed said:
You are supposed to remember if that happened nearly six months ago ?
They've not just found out about it now though have they? They found out she had been caught within the two weeks of the offence. Although I suppose people would like to be sure they're being prosecuted for something they actually did, especially in this case where it's one of the most serious crimes a human being can commit.
yonex said:
50 in a 30, it’s pathetic. The Police wonder why the motorist can’t stand them? It should have been a SAC, fine and 3 points. But the Police don’t give a st about educating drivers.
They allow you to go up to 49mph and only receive 3pts - there has to be a cut-off somewhere.t about educating drivers. Police are enforcing our laws, they don't make them - with so few patrol vehicles on the roads these days, chances are you're not going to get caught and most people know where those static cameras are located.
If you need to hate someone, hate the government which sets the limits - but 6pts sounds about fair for being 20mph over the limit.
Stoofa said:
They allow you to go up to 49mph and only receive 3pts - there has to be a cut-off somewhere.
Police are enforcing our laws, they don't make them - with so few patrol vehicles on the roads these days, chances are you're not going to get caught and most people know where those static cameras are located.
If you need to hate someone, hate the government which sets the limits - but 6pts sounds about fair for being 20mph over the limit.
49/30 = 3 pointsPolice are enforcing our laws, they don't make them - with so few patrol vehicles on the roads these days, chances are you're not going to get caught and most people know where those static cameras are located.
If you need to hate someone, hate the government which sets the limits - but 6pts sounds about fair for being 20mph over the limit.
50/30 = 6 points
Fair?
agtlaw said:
49/30 = 3 points
50/30 = 6 points
Fair?
Exactly, it's a load of tosh. 50/30 = 6 points
Fair?
The really amazing part of this is that the powers that be, let's include the houlier than thou types on here, really think the way forward is removing people's driving licences, locking them up, causing them maybe to lose their jobs etc.
Obviously, the way forward is to teach people inappropriate use of speed, rather than speeding itself is what causes accidents. But, like everyone knows, all the Police and the authorities are bothered about is handing out fines and points, then have the audacity to talk about 'safety'.
Own goal.
I am sure someone will be along shortly to say;
'well they brought it on themselves'
'it's the law'
'we're only doing out job'
'it's not us, its the government'
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