M25 speeding......good enough reason?
Discussion
Last week me & the girlfriend get a call at 1.30 in the morning to say her gran has had a stroke & won't make it throught the night. So we go round & pick her parents up in her car (we're all in Basingstoke) & head on towards Wembley (M3/M25 etc etc).
Not being a regular on the M25, WE decided to take the 40mph limit through the roadworks (2.00a.m-ish remember!) with a pinch of salt & carry on at about 50mph or so. No prizes for guessing what comes next.......one N.I.P. delivered bright & early to our door a few days later.
So, learned Ph'ers.......is rushing to the bedside of a dying relative a good enough reason to get off the ticket or is it totally non-negotiable? Taking into account that unfortunately she did actually die.
And at this moment in time, we can't remember who was driving. *ahem*
Not being a regular on the M25, WE decided to take the 40mph limit through the roadworks (2.00a.m-ish remember!) with a pinch of salt & carry on at about 50mph or so. No prizes for guessing what comes next.......one N.I.P. delivered bright & early to our door a few days later.
So, learned Ph'ers.......is rushing to the bedside of a dying relative a good enough reason to get off the ticket or is it totally non-negotiable? Taking into account that unfortunately she did actually die.
And at this moment in time, we can't remember who was driving. *ahem*
Magistrates are human too. Your speed wasn't excessive and your reason was decent.
I would send a covering letter to the scammers (who are heartless barstewards) explaining your mitigation....
They will then most likely try and bully you into parting with £60 still.
I would probably go to court, plead guilty with mitigation and ask for an absolute discharge. I believe it's possible to walk away scott free under the right circumstances.
I'm sure someone will be along shortly to correct me if I'm wrong on this
I would send a covering letter to the scammers (who are heartless barstewards) explaining your mitigation....
They will then most likely try and bully you into parting with £60 still.
I would probably go to court, plead guilty with mitigation and ask for an absolute discharge. I believe it's possible to walk away scott free under the right circumstances.
I'm sure someone will be along shortly to correct me if I'm wrong on this
Personally I'd like to give the SCAMP a stroke, a two foot length of angle iron through the lens sounds about right. Not knowing you were on a mercy dash is no excuse, they're a parasitic waste of space and an affront to genuine road safety. Sympathies and condolences to you and your family.
I am very sorry to hear about your loss.
If you think that anyone will believe the story about "I dont know who it was", when everything else about that evening was obviously very imortant and will be very firmly implanted in your minds, then you are sadly mistaken!
You may get away with a compassionate reason if you ask to be dealt with by a court. I doubt the FPT office will expunge the ticket.
If you do go down the court option, you can plead guilty on the day and ask to be considered for an 'Absolute discharge' which is a conviction without penalty.
If you think that anyone will believe the story about "I dont know who it was", when everything else about that evening was obviously very imortant and will be very firmly implanted in your minds, then you are sadly mistaken!
You may get away with a compassionate reason if you ask to be dealt with by a court. I doubt the FPT office will expunge the ticket.
If you do go down the court option, you can plead guilty on the day and ask to be considered for an 'Absolute discharge' which is a conviction without penalty.
Sorry to your bad news.
Personally I think you did well to stick to 50. I'm not sure what the history of cases are when a speed limit has been set due to road works but I'd imagine that the fact that people may(not on one of those 5 hour tea breaks) have been working may work against you.
No real idea I'm afraid but good luck if you take it further.
Personally I think you did well to stick to 50. I'm not sure what the history of cases are when a speed limit has been set due to road works but I'd imagine that the fact that people may(not on one of those 5 hour tea breaks) have been working may work against you.
No real idea I'm afraid but good luck if you take it further.
Sorry to hear the news.
My Sister in law got off when caught doing 90+ by a scamer on the m4 in South Wales.
She wrote to relevent tax collection agency saying that she admitted she was driving at the time but the reason was that she was in a hurry was to see her father who had just had a quadruple by-pass. She specified the date(and time) of the operation, the consultant and contact telephone numbers of the hospital)
HTH's
Paul
My Sister in law got off when caught doing 90+ by a scamer on the m4 in South Wales.
She wrote to relevent tax collection agency saying that she admitted she was driving at the time but the reason was that she was in a hurry was to see her father who had just had a quadruple by-pass. She specified the date(and time) of the operation, the consultant and contact telephone numbers of the hospital)
HTH's
Paul
gone said:
I am very sorry to hear about your loss.
If you think that anyone will believe the story about "I dont know who it was", when everything else about that evening was obviously very imortant and will be very firmly implanted in your minds, then you are sadly mistaken!
You claiming to speak for every Magistrate in the land now?
>> Edited by ca092003 on Tuesday 1st February 10:38
Sorry to hear about your girlfriends Gran.
It's got to be worth writing to them, as gopher suggests. You've nothing to lose and, you never know, your letter might be read by a human being.
I really wouldn't go down the 'not sure who was driving' route, especually as there are other people involved - you never know, the police might interview gf's parents and next thing you know you're in prison for attempting to pervert the course of justice.
Also, if your licence is otherwise clean (this ultimately swayed me the first time I got snapped) bear in mind that the fixed penalty is not a conviction - if you go to court then it is.
It's got to be worth writing to them, as gopher suggests. You've nothing to lose and, you never know, your letter might be read by a human being.
I really wouldn't go down the 'not sure who was driving' route, especually as there are other people involved - you never know, the police might interview gf's parents and next thing you know you're in prison for attempting to pervert the course of justice.
Also, if your licence is otherwise clean (this ultimately swayed me the first time I got snapped) bear in mind that the fixed penalty is not a conviction - if you go to court then it is.
The people who issue the NIP won't be willing to discuss the case but it is worth sending a letter in mitigation which, if ignored by that lot, could also be read in court if they decide to take it that.
Most BiB are human and, if they'd stopped you would probably have sent you on your way.
Sadly, the issuers of NIPs will generally refuse any defence and so, if you have to, have your day in court.
We all have family and an emergency such as this must surely be a valid reason for doing what you did.
Personally, I'd have been going much faster in such a situation.
Sympathies on both matters!
Most BiB are human and, if they'd stopped you would probably have sent you on your way.
Sadly, the issuers of NIPs will generally refuse any defence and so, if you have to, have your day in court.
We all have family and an emergency such as this must surely be a valid reason for doing what you did.
Personally, I'd have been going much faster in such a situation.
Sympathies on both matters!
ca092003 said:
I am very sorry to hear about your loss.
If you think that anyone will believe the story about "I dont know who it was", when everything else about that evening was obviously very imortant and will be very firmly implanted in your minds, then you are sadly mistaken!
You claiming to speak for every Magistrate in the land now?
>> Edited by ca092003 on Tuesday 1st February 10:38
I assume he isn't but he is making a valid point that it is unlikely that anyone will believe that he can't remember who was driving.
Seems the sensible thing is to admit to driving and speeding (after all those are the facts) and plead the mitigating circumstances.
Almost certainly had it been a police officer who stopped him he would have been let off, and this is of course another disadvantage of the cameras.
Thanks for all the replies/condolences people.
Some good advice there & seeing as you lot are handing out such great advice at the mo...............if I specify who was driving & get that person to sign the N.I.P etc, is there then any way out of it due to the mitigating circumstances or do I have to say I'll see you in court before I do anything else?
Some good advice there & seeing as you lot are handing out such great advice at the mo...............if I specify who was driving & get that person to sign the N.I.P etc, is there then any way out of it due to the mitigating circumstances or do I have to say I'll see you in court before I do anything else?
ca092003 said:
gone said:
I am very sorry to hear about your loss.
If you think that anyone will believe the story about "I dont know who it was", when everything else about that evening was obviously very imortant and will be very firmly implanted in your minds, then you are sadly mistaken!
You claiming to speak for every Magistrate in the land now?
>> Edited by ca092003 on Tuesday 1st February 10:38
No! Just the people that issue the summons.
If you had bothered to read the rest, you would have understood the advice as well. Still, whats new? anything to have a little 'pop' eh ca?
>> Edited by gone on Wednesday 2nd February 00:30
centurion07 said:
Thanks for all the replies/condolences people.
Some good advice there & seeing as you lot are handing out such great advice at the mo...............if I specify who was driving & get that person to sign the N.I.P etc, is there then any way out of it due to the mitigating circumstances or do I have to say I'll see you in court before I do anything else?
I think you have to sign the form as the person who received saying you were not the driver but this other person was. Then send it back, perhaps with a covering letter at that point?
The person who was driving should then receive their own documents to complete - an opportunity to repeat the sad letter of mitigation.
Only after that are you into the final stages of deciding whether to take the fine and points or seek a court hearing.
Unless of course you wish to take the points anyway since you 'might' have been driving.
I think it is important to get the paperwork right to help the mitigation if possible.
Few years back my other half and I were out enjoying a summers day when we got a call from her mother, very muffled could not make out what she was saying other than she was on the kitchen floor and did not know what happened lots of blood etc (turns out she had been tripped up by their dog and was out cold for an hour, lost teeth, fractured bones in her face and had lost a couple of pints of blood from a deep cut on her wrist). We were about 15 miles away (mainly motorway) and I drove whilst the other half was onto the ambulance. We got back very quickly and I did trigger a GATSO on the way back. After everything had calmed down the next day I called the ambulance station and got the log number etc. But as it turned out I never heard back from the GATSO so must have been empty.
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