Received a NIP. Bugger.

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Resolutionary

Original Poster:

1,258 posts

171 months

Tuesday 27th August 2019
quotequote all
Hi all,

Sadly I have found myself in this part of the forum because of my own stupidity.

I received a notice of intended prosecution for a speeding offence on 13/08, going towards Guildford on the A246 (Epsom Road) on a dual carriageway coming up to West Clandon.

The speed limit of the road was 50mph, and I was caught by a van doing 82mph. I know, I know. Conditions were sunny and dry, not much in the way of other cars etc.

I'm going to send the provided form back today accepting that I was the driver (although weirdly I note that they've spelt my name wrong).

Now, full disclosure: I have a conviction for DR10 back in 2016, for which I received a 1 year ban + fine (no points).

Since then, and actually since I've been driving (11 years or so), I've never had any speeding fines, endorsements or points apart from the aforementioned ban. No other offences in my repertoire whatsoever.

While I expect I'll get the paddle, I'm not rightly sure what size paddle will be used. I could give you a host of reasons why I was speeding, but I think we all know that generally it's plain old idiocy that does it - and I hold my hand right up to that!

So, given the circumstances, what might happen here?

Thanks in advance.

Solocle

3,275 posts

84 months

Tuesday 27th August 2019
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82/50 is summons territory.

Beyond that, I can't answer (agtlaw might be along), but it's going before magistrates. If the DR10 comes up, that may well affect proceedings, I should expect.

markjmd

552 posts

68 months

Tuesday 27th August 2019
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Looks like a Band C offence, which would mean 6 points or 7 to 56 days ban. Based on your previous form, one might put a few quid on the mags taking the sterner view.

Lindun

1,965 posts

62 months

Tuesday 27th August 2019
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At that speed you’re too high for a Speed awareness Course or a Fixed Penalty.

You’ll get what’s known as a Single Justice Procedure Notice which is effectively one magistrate and an adviser looking at your case behind closed doors. If they can they’ll deal with it without the need for it to go to court. If it goes to court then it’ll be because they want to ban you.

I think you’re looking at 6 points or a ban of up to 56 days. Fine is likely to be a band C which is 125-175% of your weekly income. This reduced if you plead guilty by a quarter I think. It’s also capped at - figure that I can’t remember so if you’re a big earner there’s a limit to what you can pay, as is the maximum fine.

eldar

21,714 posts

196 months

Tuesday 27th August 2019
quotequote all
The first thing that will happen is 23 posts abusing you about killing the planet, being stupid, promising death, damnation and a failure to drive to their impeccable standards. And dropped soap.

Then someone will give you the correct advice, at which it all deteriorates I not an argument about
How often to replace your tyres.

6 points, plus large fine(500 or so) and costs I’d guess.


Resolutionary

Original Poster:

1,258 posts

171 months

Tuesday 27th August 2019
quotequote all
Solocle said:
82/50 is summons territory.

Beyond that, I can't answer (agtlaw might be along), but it's going before magistrates. If the DR10 comes up, that may well affect proceedings, I should expect.
Thank you, interesting infographic. I half expected this'd be top band stuff.

markjmd said:
Looks like a Band C offence, which would mean 6 points or 7 to 56 days ban. Based on your previous form, one might put a few quid on the mags taking the sterner view.
Agreed, my DR10 may work against me here - not sure to what extent.

Lindun said:
At that speed you’re too high for a Speed awareness Course or a Fixed Penalty.

You’ll get what’s known as a Single Justice Procedure Notice which is effectively one magistrate and an adviser looking at your case behind closed doors. If they can they’ll deal with it without the need for it to go to court. If it goes to court then it’ll be because they want to ban you.

I think you’re looking at 6 points or a ban of up to 56 days. Fine is likely to be a band C which is 125-175% of your weekly income. This reduced if you plead guilty by a quarter I think. It’s also capped at - figure that I can’t remember so if you’re a big earner there’s a limit to what you can pay, as is the maximum fine.
Thanks, not heard of that before. I always assumed there was a possibility of a ban AND points AND a fine, not a mix-and-match of the three. I'm not a particularly big earner per se. While I'm crossing fingers in the hope this doesn't end up in court, I do reckon a ban and large number of points is incoming!

eldar said:
The first thing that will happen is 23 posts abusing you about killing the planet, being stupid, promising death, damnation and a failure to drive to their impeccable standards. And dropped soap.

Then someone will give you the correct advice, at which it all deteriorates I not an argument about
How often to replace your tyres.

6 points, plus large fine(500 or so) and costs I’d guess.
That sounds like fun! I have seen posts in this section deteriorate but when all's said and done, I just want to know what I might expect so I can prepare for things. As you say, several points / a month or two banned and a chunky fine seems to be the status quo so far.

Play stupid games..!

OFORBES

533 posts

100 months

Tuesday 27th August 2019
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I was caught entering a 30 zone at 53mph straight from a NSL straight stretch at midnight and prior to this my license was clean.

I got 6 points and the maximum fine. IF they take into consideration your DR10 you might be facing a ban.

Hope it works out for you.

Cat

3,019 posts

269 months

Tuesday 27th August 2019
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Resolutionary said:
Thanks, not heard of that before. I always assumed there was a possibility of a ban AND points AND a fine, not a mix-and-match of the three. I'm not a particularly big earner per se. While I'm crossing fingers in the hope this doesn't end up in court, I do reckon a ban and large number of points is incoming!
Definitely not points AND a ban, it's one or the other.

Cat

Lindun

1,965 posts

62 months

Tuesday 27th August 2019
quotequote all
Cat said:
Resolutionary said:
Thanks, not heard of that before. I always assumed there was a possibility of a ban AND points AND a fine, not a mix-and-match of the three. I'm not a particularly big earner per se. While I'm crossing fingers in the hope this doesn't end up in court, I do reckon a ban and large number of points is incoming!
Definitely not points AND a ban, it's one or the other.

Cat
This

rallye101

1,892 posts

197 months

Tuesday 27th August 2019
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Between the Lotus/ Morgan garage and Clandon golf club?

If so its a notorious spot, If there isn't a van on one side of the carriage way you can normally bank on it being on the other

TonyG2003

257 posts

92 months

Tuesday 27th August 2019
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Yes a very frequent place for the camera vans, especially heading back towards Bell&Colvill Lotus as the road goes two lanes to one.

The van the OP got caught by is on a left handed just before the lights. I’ve got to say 82mph (85mph indicated on speedo) is a fair clip for that stretch of road.

Resolutionary

Original Poster:

1,258 posts

171 months

Tuesday 27th August 2019
quotequote all
OFORBES said:
I was caught entering a 30 zone at 53mph straight from a NSL straight stretch at midnight and prior to this my license was clean.

I got 6 points and the maximum fine. IF they take into consideration your DR10 you might be facing a ban.

Hope it works out for you.
At a guess I'd say that your ratio of speed limit vs speed caught and mine are within the same scope - so what you suggest is reasonable (I'm not at all clued up on these matters though!). Thanks for your input.

rallye101 said:
Between the Lotus/ Morgan garage and Clandon golf club?

If so its a notorious spot, If there isn't a van on one side of the carriage way you can normally bank on it being on the other
TonyG2003 said:
Yes a very frequent place for the camera vans, especially heading back towards Bell&Colvill Lotus as the road goes two lanes to one.

The van the OP got caught by is on a left handed just before the lights. I’ve got to say 82mph (85mph indicated on speedo) is a fair clip for that stretch of road.
That's the bit, a mile or so before the lights / junction - I've seen the vans parked on the other side where two lanes merge, but never before on the section towards Guildford.

I have never really given it the beans down that section - got held up, road opened up, went for it, spotted the van tucked by a thicket before I slowed down so I guess they were poised for fools like me.

agtlaw

6,702 posts

206 months

Tuesday 27th August 2019
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82/50 is too fast for a course or a £100 fixed penalty and 3 points.

You should anticipate court proceedings to commence.

It’s 2019 so you won’t get a summons. Expect a SJPN.

You will be given the choice to deal with the case by post / online. This is usually a good idea if your aim is to avoid disqualification.

The offence in the highest sentencing bracket. Expect 6 points if your case is concluded at the SJPN stage. If your case is adjourned to a court hearing then you could be disqualified for any length of time. The guideline says 7-56 days unless the speed is grossly in excess of the speed limit. 82/50 is not grossly excessive.

If you plead guilty at the first opportunity then the fine is extremely likely to be approximately equal to your net weekly income. The maximum fine is £2.5k on a motorway and £1k on any other road. Courts do not usually fine in excess of 75% of the maximum following a guilty plea. Also, £85 prosecution costs to pay and a surcharge (minimum £32).

A previous conviction is a statutory aggravating factor. The court will have regard to regard to a) the nature of the offence to which the previous conviction relates and its relevance to the current offence; and b) the time that has elapsed since the previous conviction.

xjay1337

15,966 posts

118 months

Tuesday 27th August 2019
quotequote all
Just think if had an illegal number plate you wouldn't have gotten caught! biggrin


On a serious note hope things are OK - I would be gobsmacked if you didn't get a ban.

Hopefully you slow down a little more now anyway - sneaky police buggers love to catch people out.

Resolutionary

Original Poster:

1,258 posts

171 months

Wednesday 28th August 2019
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anonymous said:
[redacted]
Frustration got the better of me after being held up - agreed it's certainly risky down that stretch, and indeed pretty much any other stretch these days!

Eyersey1234

2,898 posts

79 months

Wednesday 28th August 2019
quotequote all
I don't know the road in question but just to say I hope it works out OK for you, we've all done silly things at some time or other.

Resolutionary

Original Poster:

1,258 posts

171 months

Wednesday 28th August 2019
quotequote all
agtlaw said:
82/50 is too fast for a course or a £100 fixed penalty and 3 points.

You should anticipate court proceedings to commence.

It’s 2019 so you won’t get a summons. Expect a SJPN.

You will be given the choice to deal with the case by post / online. This is usually a good idea if your aim is to avoid disqualification.

The offence in the highest sentencing bracket. Expect 6 points if your case is concluded at the SJPN stage. If your case is adjourned to a court hearing then you could be disqualified for any length of time. The guideline says 7-56 days unless the speed is grossly in excess of the speed limit. 82/50 is not grossly excessive.

If you plead guilty at the first opportunity then the fine is extremely likely to be approximately equal to your net weekly income. The maximum fine is £2.5k on a motorway and £1k on any other road. Courts do not usually fine in excess of 75% of the maximum following a guilty plea. Also, £85 prosecution costs to pay and a surcharge (minimum £32).

A previous conviction is a statutory aggravating factor. The court will have regard to regard to a) the nature of the offence to which the previous conviction relates and its relevance to the current offence; and b) the time that has elapsed since the previous conviction.
Thanks a lot agt, really useful information there.

I'd not heard of an SJPN before - just did some reading up and I'm glad to see that this is considered a 'non-imprisonable offence'; I had been very worried (paranoid) that this could lead to a stint at her majesty's pleasure! Hadn't even realised these matters could potentially be dealt with online or by post - what an age we live in!

I certainly would like to avoid disqualification - half expected that was a given though, and that I'd have a day in court to boot. Fingers crossed this is indeed concluded by SJPN instead.

I am absolutely going to plead guilty - it's open and shut as far as I'm concerned.

As for my DR10, I was luckily in the lowest band and the circumstances were not particularly damaging hence I received the lowest fine / ban time etc. It was three years ago now so I pray that doesn't come into play too much.

Sent the letter off already so I guess I just wait to see what correspondence follows - don't suppose you know how long I might have to wait to hear back? Given you state an SJPN is likely, a magistrate and legal advisor could take weeks to respond, in my mind.

Resolutionary

Original Poster:

1,258 posts

171 months

Wednesday 28th August 2019
quotequote all
xjay1337 said:
Just think if had an illegal number plate you wouldn't have gotten caught! biggrin


On a serious note hope things are OK - I would be gobsmacked if you didn't get a ban.

Hopefully you slow down a little more now anyway - sneaky police buggers love to catch people out.
My friend said the same hah! I am anticipating the worst to be honest, and I have definitely learned a thing or two since. It was always a dread of mine getting done for speeding, and it just had to be during a momentary lapse of judgement that I slipped up. Nobody to blame but myself.

Eyersey1234 said:
I don't know the road in question but just to say I hope it works out OK for you, we've all done silly things at some time or other.
Thank you kindly. I generally don't speed about, in fact my car actively prohibits speeding as it's such a barge, but as you say we all occasionally do silly things and unfortunately for me this particular situation will have repercussions.

Time will tell. Thanks all for the input and advice. I will keep you posted!

Rich135

769 posts

242 months

Wednesday 28th August 2019
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I'm also a regular user of that road and have only seen cameras on the other side, so I think you got a bit unlucky.

80+ does sound fast, but probably doesn't feel it in a big A8 barge. The trick is to have a car that feels like your are going 80 when your are actually doing 50 like my 1970 Lotus or 1988 MR2! Still, you have to be a bit careful all around Guildford.

All the best to you, these things happen.

Rich

BertBert

19,025 posts

211 months

Wednesday 28th August 2019
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Obviously it's part of the B&C test drive circuit. I had a very nice drive down there trying out an Evora. The nice chap in sales takes you down the road and back to show you what's what,then you have a go, then I got the keys for 20 minutes. I presume that part of the initial bit is scouting for camera vans as well as working out whether you should be allowed the keys or not.
Bert