35 in a 30 limit?

[NigelAllen]

Seems I've been a naughty boy.

Received a missive this morning from the Welsh Safety Camera Unit -in Welsh (English copy as an addendum) with a 'Notice of Intended Prosecution'.

Aside from the speed quoted 35 in a 30 limit, which I thought was within the guidelines, there may be one or two minor issues with it.

It seems that I was in a BMW registration 'N10 JEL'.

Now I do own that registration - but it has been ON RETENTION for well over 5 years.
So, peeps, how can that happen? How can it be 'on the system'?

Additionally the Notice is addressed to the previous keeper of the Registration number -as I've not yet added it to a car. At my address, as the Retention Certificate states (I am the Grantee).

I think I can further add that I don't own a roadworthy BMW (just a laid up 635), haven't been to Wales this year, and was out of the country on the date of the alleged offence.

I'd welcome your comments, chaps

[V8forweekends]

I may be going out on a limb, but I reckon you're not guilty.

[skeggysteve]

NigelAllen said:

.....

Aside from the speed quoted 35 in a 30 limit, which I thought was within the guidelines.....

I have 3 points for 35 in a 30 so I'm not sure there are guidelines and to be fair if 30 is the limit then 31 is above the limit.

As for the rest of your post, I also reckon you are innocent! I'd write to them explaining what you have said on here and keep your fingers crossed that they understand.

[Steffan]

An interesting conundrum. If you inform the authorities that the plate is on retention and not in use on the road they may try to change the details on the basis of a mistake on their part but that you were actually driving the said vehicle at the time at 35 in a 30 limit and therefore reissue amended documentation. If you inform the authorities that you were not driving the vehicle with that registration then I think they might (I say MIGHT) give up. I would consult with a motoring solicitor and follow their advice on this case.

I have seen attempts to reissue speeding tickets with erroneous initial information based solely upon new information supplied in good faith by the driver. Foist by their own petard unwittingly but foisted in any event. Hence my somewhat long winded post. Being too helpful may be an error. Seek advice it could be very worthwhile.

[SV8Predator]

Steffan said:

I have seen attempts to reissue speeding tickets with erroneous initial information based solely upon new information supplied in good faith by the driver. Being too helpful may be an error. Seek advice it could be very worthwhile.

NigelAllen said:

I haven't been to Wales this year, and was out of the country on the date of the alleged offence.

In this case, what sort of "advice" could be very worthwhile?

[Steffan]

SV8Predator said:

Steffan said:

I have seen attempts to reissue speeding tickets with erroneous initial information based solely upon new information supplied in good faith by the driver. Being too helpful may be an error. Seek advice it could be very worthwhile.

NigelAllen said:

I haven't been to Wales this year, and was out of the country on the date of the alleged offence.

In this case, what sort of "advice" could be very worthwhile?

Entirely up to Mr Allen. If that is his defence then good luck to him. My concern in this is the reality that either there may be a clone running around on that plate or something very odd indeed is happening here. Experience has taught me over many years that very unusual oddities in motoring are sometimes a result of the modern attempts to avoid detection by shielding behind other road users and can be a real problem to resolve. Good legal advice in any unusual potentially criminal matter is very worthwhile. This may liable to bite back if incorrect information is inadvertently supplied or if there is something behind this that Mr Allen is not aware of as yet. But there may not be. Up to the OP.

[SK425]

skeggysteve said:

I have 3 points for 35 in a 30 so I'm not sure there are guidelines and to be fair if 30 is the limit then 31 is above the limit.

The guidelines I've heard of are, essentially, "if he's exceeding the limit by 10% + 2 then nick 'im (if you haven't already done so)". On that basis one would expect to get done for 35 in a 30 but maybe not for 34.

[caziques]

Misread or clone.

Simply write back (after 14 days in case of misread - the NIP can't then be reissued), pointing out the facts.

Misread would be my guess.

[Steffan]

caziques said:

Misread or clone.

Simply write back (after 14 days in case of misread - the NIP can't then be reissued), pointing out the facts.

Misread would be my guess.

You could be right but I personally fear that some scumbag may operating a clone on this plate. I certainly think that asking for a copy of the photo if there is one after the 14 days period has gone would be worthwhile. If there is a photo then the car must be a clone. I hope not because this is not good news and the clone wants stopping. Up to the OP.

[Jon1967x]

Is it worth going into your local police station with your evidence (NIP and paperwork for your plate etc) and saying you believe your plate is bring used unofficially and see what they say. Ask for it to be recorded.

Then write back regarding the NIP including the police reference

If it ever ended up in court you've taken more than reasonable steps. If the plate is cloned it's going to happen again, or a parking ticket or something like that. If the police have a record they'll try (maybe) and deal with it.

[agtlaw]

caziques said:

Misread or clone.

Simply write back (after 14 days in case of misread - the NIP can't then be reissued), pointing out the facts.

Misread would be my guess.

Why wait 14 days? What amendnent do you suppose could rectify a misread (your guess) NIP? The only person to benefit would be the driver of the misread plate - assuming that's what happened.

[Snowboy]

skeggysteve said:

NigelAllen said:

.....

Aside from the speed quoted 35 in a 30 limit, which I thought was within the guidelines.....

I have 3 points for 35 in a 30 so I'm not sure there are guidelines and to be fair if 30 is the limit then 31 is above the limit.

As I understand it;
If your doing 35 you're probably fine.
But if you're doing 39, then by the time they have knocked off the 10% margin if error then you get a ticket saying 35.

I know that was I got a ticket for 67 in a 60 I was doing a lot more than 67.

As for thus ticket.
Contact them ASAP, explain the situation.
It'll either get dealt with quickly as a cloned car, or you'll spend months getting hassled about it if they don't believe you.

[NPI]

Snowboy said:

As I understand it;
If your doing 35 you're probably fine.
But if you're doing 39, then by the time they have knocked off the 10% margin if error then you get a ticket saying 35.

I know that was I got a ticket for 67 in a 60 I was doing a lot more than 67.

Doesn't work like that at all. If you're zapped by a camera of some sort then you'll get a speed awareness course at 35 (assuming you qualify). They need to keep the courses filled up.

Your speedo will likely be reading a little higher (up to +10% is allowed, but normally they're only 2 or 3 MPH out).

[WinstonWolf]

Snowboy said:

skeggysteve said:

NigelAllen said:

.....

Aside from the speed quoted 35 in a 30 limit, which I thought was within the guidelines.....

I have 3 points for 35 in a 30 so I'm not sure there are guidelines and to be fair if 30 is the limit then 31 is above the limit.

As I understand it;
If your doing 35 you're probably fine.
But if you're doing 39, then by the time they have knocked off the 10% margin if error then you get a ticket saying 35.

I know that was I got a ticket for 67 in a 60 I was doing a lot more than 67.

As for thus ticket.
Contact them ASAP, explain the situation.
It'll either get dealt with quickly as a cloned car, or you'll spend months getting hassled about it if they don't believe you.

A speedo must never show less than the actual speed, and must never show more than 110% of actual speed + 6.25mph. So if your true speed is 40mph, your speedo could legally be reading up to 50.25mph but never less than 40mph. Or to put it another way, if your speedo is reading 50mph, you won’t be doing more than 50mph but it’s possible you might actually only be travelling at 40mph.

[ging84]

Someone is using your plate
or someone made an error and recorded a similar plate to your one as yours

[jesta1865]

WinstonWolf said:

Snowboy said:

skeggysteve said:

NigelAllen said:

.....

Aside from the speed quoted 35 in a 30 limit, which I thought was within the guidelines.....

I have 3 points for 35 in a 30 so I'm not sure there are guidelines and to be fair if 30 is the limit then 31 is above the limit.

As I understand it;
If your doing 35 you're probably fine.
But if you're doing 39, then by the time they have knocked off the 10% margin if error then you get a ticket saying 35.

I know that was I got a ticket for 67 in a 60 I was doing a lot more than 67.

As for thus ticket.
Contact them ASAP, explain the situation.
It'll either get dealt with quickly as a cloned car, or you'll spend months getting hassled about it if they don't believe you.

A speedo must never show less than the actual speed, and must never show more than 110% of actual speed + 6.25mph. So if your true speed is 40mph, your speedo could legally be reading up to 50.25mph but never less than 40mph. Or to put it another way, if your speedo is reading 50mph, you won’t be doing more than 50mph but it’s possible you might actually only be travelling at 40mph.

wasn't there a case a few years back when a senior copper was clocked in his sierra in a 30 limit doing over 30 yet his speedo was telling him he was doing 30. i was sure it was on the telly?

[Pothole]

Steffan said:

An interesting conundrum. If you inform the authorities that the plate is on retention and not in use on the road they may try to change the details on the basis of a mistake on their part but that you were actually driving the said vehicle at the time at 35 in a 30 limit and therefore reissue amended documentation. If you inform the authorities that you were not driving the vehicle with that registration then I think they might (I say MIGHT) give up. I would consult with a motoring solicitor and follow their advice on this case.

I have seen attempts to reissue speeding tickets with erroneous initial information based solely upon new information supplied in good faith by the driver. Foist by their own petard unwittingly but foisted in any event. Hence my somewhat long winded post. Being too helpful may be an error. Seek advice it could be very worthwhile.

Hoist, you muppet.

[elanfan]

Where did you buy the private plate from? Was it Wales per chance - if so I reckon the previous owner is still using them to keep his points total down. Can you find out what car he drives - if a BMW then a quick call to the Police and get them to check him/his car/his property for the old plates. Reckon he will get a few points and a PCoJ for that.

[NPI]

jesta1865 said:

wasn't there a case a few years back when a senior copper was clocked in his sierra in a 30 limit doing over 30 yet his speedo was telling him he was doing 30. i was sure it was on the telly?

That happened to a colleague of mine in a company Ford Escort - Ford wrote a letter to the court saying they fitted the wrong speedo drive gear but it was still taken to court and he was convicted.

[Rovinghawk]

NigelAllen said:

I think I can further add that I don't own a roadworthy BMW (just a laid up 635), haven't been to Wales this year, and was out of the country on the date of the alleged offence.

You call that a defence?

Before you send back the NIP, photocopy it; this will make it harder for them to weasel out of anything later.