3pts and £60 fine F*CK F*CK F*CK
3pts and £60 fine F*CK F*CK F*CK
Author
Discussion

Jam Rock

Original Poster:

460 posts

240 months

Thursday 23rd November 2006
quotequote all
ok ladies and gents, i need some advice....

my mate has just a recieved a Police notice through the post saying he had been spotted doing 37 in a 30mph zone (rd used to be 40 but was recently changed, no new signs tho!). now he was wondering what would happen if he hadnt err recieved it? we all know that the police need to contact you within 14 days of an alleged offence. but say you didnt recieve said letter, what would happen? i presume they would write you again, but by the time that happens, surely the 14 days are up and so you have no legal obligatio to help? has anyone been through a similar situation or would anyone care to suggest a possible course of action.


many thanks (on behalf of my mate)

Jam

andy zarse

10,870 posts

277 months

Thursday 23rd November 2006
quotequote all
To say you slightly misunderstand the situation would be putting it mildly. If you, oops I mean your "friend" reads the similar threads on this board and he/she will become deeply enlightened. Nirvana.

Jam Rock

Original Poster:

460 posts

240 months

Thursday 23rd November 2006
quotequote all
andy zarse said:
To say you slightly misunderstand the situation would be putting it mildly. If you, oops I mean your "friend" reads the similar threads on this board and he/she will become deeply enlightened. Nirvana.



to be honest i was waiting for the "you, ooops i mean your friend bit", he isnt a forum member, not even really into cars that much, he's a biker at heart.

which threads should i be reading and informing him about then mate?



cheers Jam

Einion Yrth

19,575 posts

274 months

Thursday 23rd November 2006
quotequote all
Send 'him' to pepipoo.

HTH

g_attrill

9,108 posts

276 months

Thursday 23rd November 2006
quotequote all
Eventually your friend would need to swear under oath in court that he didn't receive the notice. The SCP is unlikely to bin the offence just because somebody says they didn't receive it.

Also note that the NIP and the S172 request are two different things - the S172 needs to be replied to within the 28 days even if the NIP is invalid. The driver would then need to say the NIP was not served in time to be clear of the speeding offence.

Gareth

7db

6,060 posts

260 months

Thursday 23rd November 2006
quotequote all
Bear in mind that "he" might have to do time if he lies about receipt ...

Zod

35,295 posts

288 months

Thursday 23rd November 2006
quotequote all
Jam Rock said:
andy zarse said:
To say you slightly misunderstand the situation would be putting it mildly. If you, oops I mean your "friend" reads the similar threads on this board and he/she will become deeply enlightened. Nirvana.



to be honest i was waiting for the "you, ooops i mean your friend bit", he isnt a forum member, not even really into cars that much, he's a biker at heart.

which threads should i be reading and informing him about then mate?



cheers Jam
The emotion in your title does rather suggest that this is you not "a friend".

Jam Rock

Original Poster:

460 posts

240 months

Thursday 23rd November 2006
quotequote all
^^^^ again was waiting for that......

why is it that people are so quick to point the finger? He is a mate so why shouldnt i help him by asking on his behalf (if he doesnt have access to this wonderful resource)?
To be honest if it was me i would prob just take the points, cos i couldnt be arsed with all the bullshit of trying to get out of it, but then again i dont drive for a living (just for fun)and thankfully I have a clean license. my friend, who's outburst i have quoted in the title, does drive for a living and does not have such a clean license and so is worried about the consequences of getting more points. i think if he was offered the option of a fine and a "slow your speed course" then i am sure he would take it, but he is unaware of such an option being offered where he lives. AND so he asked for some advice..... i have directed him to the website suggested (thank you) and have made him aware of the potential consequences of his actions, but its HIS decision at the end of the day.

any further advice will be greatly appreciated and passed on,

cheers Jam

Edited by Jam Rock on Thursday 23 November 18:40

percy flage

1,770 posts

252 months

Thursday 23rd November 2006
quotequote all
Just to cheer you up, it is now 16 days since I thought I'd been caught by a talivan, doing about 35. Must have been setting up, because, so far the postman has brought me nothing but joy.

I take it you (the OP) are really close to your mate to feel you have to say 3 times in your thread title? rolleyes

byker28i

92,653 posts

247 months

Thursday 23rd November 2006
quotequote all
Jam Rock said:
(rd used to be 40 but was recently changed, no new signs tho!).


If this is true then the road is incorrectly signed and thats the getout. HOWEVER - it must not have signs correctly showing the new speed limit. If it's got one entering the area and then it's as indicated in the highway code then you're screwed.

Section 103:
103: You MUST NOT exceed the maximum speed limits for the road and for your vehicle (see the table below). Street lights usually mean that there is a 30 mph speed limit unless there are signs showing another limit.
Law RTRA sects 81,86,89 & sch 6

www.highwaycode.gov.uk/09.htm

Jam Rock

Original Poster:

460 posts

240 months

Thursday 23rd November 2006
quotequote all
^^^^ yes i think thats his undoing really mate, he says it seems like the "40" signs may have been removed alltogether! in which case according to the link you kindly posted, the rd was a 30. scratchchin

cheers

Jam

gridgway

1,001 posts

275 months

Thursday 23rd November 2006
quotequote all
hijacking slightly, the speed limit signage on the A3 roadworks past guildford is good. It has been changed from a 50 to a 30 for the roadworks. It is a streetlit DC, so there is a 30 sign at the start of the limit and the repeaters that used to say 50 are painted over. So it's technically correct, but perhaps a little disengenious for the unwary or dozy!

Graham

WildCat

8,369 posts

273 months

Thursday 23rd November 2006
quotequote all
Jam Rock said:
ok ladies and gents, i need some advice....

my mate has just a recieved a Police notice through the post saying he had been spotted doing 37 in a 30mph zone (rd used to be 40 but was recently changed, no new signs tho!). now he was wondering what would happen if he hadnt err recieved it? we all know that the police need to contact you within 14 days of an alleged offence. but say you didnt recieve said letter, what would happen? i presume they would write you again, but by the time that happens, surely the 14 days are up and so you have no legal obligatio to help? has anyone been through a similar situation or would anyone care to suggest a possible course of action.


many thanks (on behalf of my mate)

Jam


Go back. take photos. If you have any data perFOI that limit changed recently - it help you. Ask council to clarify when downgraded. Take photos of all signs. Get FOI as to when signs erected.

This ist per Mr Loophole ..family as whole paid £99, registered to his site und we cannot test the advice for selves as we are COAST led und had the useful gadgets


But if you are to make any such claim.. you have to match the photo evidence with photo und any other evidence to cast a reasoned doubt in jury und judge

Go back .. take photos und ask about when limit changed und signage paid for via FOI. Mr Loophole does say you use Law to fight Law after all

DeMolay

351 posts

272 months

Friday 24th November 2006
quotequote all
7db said:
Bear in mind that "he" might have to do time if he lies about receipt ...

Whilst I agree, how on earth could the prosecution prove he didn't receive it? If he's a credible witness then it should be game, set and match.

justinp1

13,363 posts

260 months

Friday 24th November 2006
quotequote all
DeMolay said:
7db said:
Bear in mind that "he" might have to do time if he lies about receipt ...

Whilst I agree, how on earth could the prosecution prove he didn't receive it? If he's a credible witness then it should be game, set and match.


They cant.

It all comes down to whether the bench believes the defendant.

I am sure the percentage of cases that are argued in this way is statistically less than the amount of NIPs that will actually be lost in the post or never arrive.

That says at least that a lot of people dont need the hassle and would rather pay £60. There will always be the people who will be happy lying in court, but the consequences over 3 points and £60 arnt really worth it.

mechsympathy

58,802 posts

285 months

Friday 24th November 2006
quotequote all
Jam Rock said:
^^^^ yes i think thats his undoing really mate, he says it seems like the "40" signs may have been removed alltogether! in which case according to the link you kindly posted, the rd was a 30. scratchchin

cheers

Jam


They did that in Bristol (A320 if you know it)furious One day the 40 signs weren't there. No signs about the new speed limit, but thankfully they'd put up a "safety" camera. Wnakers

jasandjules

72,631 posts

259 months

Friday 24th November 2006
quotequote all
justinp1 said:
That says at least that a lot of people dont need the hassle and would rather pay £60. There will always be the people who will be happy lying in court, but the consequences over 3 points and £60 arnt really worth it.


That is exactly how they are getting away with it for so long. Most people will just give up and pay up.

And it appears the police are the happiest at lying in court, But then, when the physical evidence goes against them and they still get away with it, I am not surprised.

Jam Rock

Original Poster:

460 posts

240 months

Thursday 30th November 2006
quotequote all
hey folks,

my mate wanted to thank all those people that contributed (with something constructive!) with regards to his predicament. he tells me that he decided to bite the bullit and has returned his "who done it" form with his details on it. some of you may say this was the right thing to do, some might say he should live with the consequences of his actions, some might say he should have risked it and played the scam, (but the consequensces of that ie averting the course of justice scared him shitless).
Now the reality is, the points he recieves might mean that he loses his job, meaning he loses his income, so wheres he going to get money for his mortgage? or to put food on the table for his kid? (as he is a single parent). so justice may have seen to be done, but it got me thinking, is this realy justice? a good man may lose his job/income and this may have major effects on his and his kid's life! all this because a 4 lane rd (2 lanes per side) has been reduced from a 40 to a 30 with no new signs at all to warn the unsuspecting ave joe! And he's been done for doing 37mph!!!
so yet another £60 for the Gov moneypot, and another hardworking honest person gets screwed. it seems everclearer to me that the honest motorist (indeed person) is the biggest cash cow this government has ever got its grubby little hands on!



what a really sorry state of affairs............................what a really really sorry state!

Globulator

13,847 posts

261 months

Thursday 30th November 2006
quotequote all
Jam Rock said:
Now the reality is, the points he recieves might mean that he loses his job, meaning he loses his income, so wheres he going to get money for his mortgage? or to put food on the table for his kid? (as he is a single parent). so justice may have seen to be done, but it got me thinking, is this realy justice? a good man may lose his job/income and this may have major effects on his and his kid's life! all this because a 4 lane rd (2 lanes per side) has been reduced from a 40 to a 30 with no new signs at all to warn the unsuspecting ave joe! And he's been done for doing 37mph!!!
so yet another £60 for the Gov moneypot, and another hardworking honest person gets screwed.
Your mate should be afraid of messing about with the court. He is threatened with TWO crimes, One: if it was him driving, admit that it was him driving. That clears him of crime one.
DO NOT admit crime two: the speeding allegation. Lets face it - he may not even have been speeding.

The allegation of speeding won't cost him much more if he takes it to court and loses, if more people did this, the system will collapse and we would have an end of these parasites. That's something to think about. Hard.
Get him to engage a traffic offense solicitor, and fight it. See the evidence, get the calibration data, the proof from the SCP that the camera is legally installed and follows the APCO code of practise (these are NOT guidelines, despite SCP lies). Just Do It for himself and for all of us.

You don't even have to win, just work the system, get the evidence, have fun with it. Make them work for those license points. Innocent until proven guilty, and if/when he is found guilty, the magistrates will take into account his hardships, he may get nothing.

Jam Rock

Original Poster:

460 posts

240 months

Thursday 30th November 2006
quotequote all
^^^thank you, i will pass on your thoughts mate, but not sure if its too late, i think he may have sent it already, (dont know as i only spoke to hom for a min earlier) will have to chat to him regarding exactly what he put down.

cheers

jam