Speeding in a hire car - HELP/ADVICE please
Discussion
Just returned from holiday to receive a NIP for 96mph on a 70mph dual carriageway, whilst in a hire car.
Background here:
www.pistonheads.com/gassing/topic.asp?t=47062&f=10&h=0
Here are my thoughts on how to proceed with this and I would very much appreciate some advice, especially from anyone having gone through something similar and from the BIB/Bench
* Given that this was a hire car, I want to be absolutely sure that it was indeed me driving, and not the hire company making an admin error (I counted 5 other black Mercedes C180s when I picked up my rental that weekend)
* I will therefore request to see the accompanying video evidence
* If it's clear, and it is indeed me, only then will have the sign or not sign dilemma.
A few questions:
1) Should I write a polite letter asking to see the video evidence, or should I get a solicitor to write it?
2) My thoughts on the theme of the letter are that since multiple people drove the hire car that weekend (which is true), and that I wanted to ensure the hire company had not made an admin error, I am requesting to see the video. Is this a good approach?
3) Are they likely to reply stating that the video evidence can only be presented in court, and that I must return the NIP?
4) Should I call the force in question (Fife Constabulary) for a friendly chat?
5) What is the likely fine/points for 96 in a 70?
I am required to return the NIP "within 28 days of the service of this notice", which I presume means by Mon 1st September, so time is running out.
Background here:
www.pistonheads.com/gassing/topic.asp?t=47062&f=10&h=0
Here are my thoughts on how to proceed with this and I would very much appreciate some advice, especially from anyone having gone through something similar and from the BIB/Bench
* Given that this was a hire car, I want to be absolutely sure that it was indeed me driving, and not the hire company making an admin error (I counted 5 other black Mercedes C180s when I picked up my rental that weekend)
* I will therefore request to see the accompanying video evidence
* If it's clear, and it is indeed me, only then will have the sign or not sign dilemma.
A few questions:
1) Should I write a polite letter asking to see the video evidence, or should I get a solicitor to write it?
2) My thoughts on the theme of the letter are that since multiple people drove the hire car that weekend (which is true), and that I wanted to ensure the hire company had not made an admin error, I am requesting to see the video. Is this a good approach?
3) Are they likely to reply stating that the video evidence can only be presented in court, and that I must return the NIP?
4) Should I call the force in question (Fife Constabulary) for a friendly chat?
5) What is the likely fine/points for 96 in a 70?
I am required to return the NIP "within 28 days of the service of this notice", which I presume means by Mon 1st September, so time is running out.
gixxer1000 said:
5) What is the likely fine/points for 96 in a 70?
Looks like it's a chat with "his/her lovelyness" the beak: www.acpo.police.uk/policies/Speed_6.doc :
Limit Fixed Penalty Summons
20 mph 25 mph 35 mph
30 mph 35 mph 50 mph
40 mph 46 mph 66 mph
50 mph 57 mph 76 mph
60 mph 68 mph 86 mph
70 mph 79 mph 96 mph
Fixed penalty of 1. £60 (pending) 2.Licence endorsed with 3 penalty points
Magisterial discretion (level 2) maximum of:1. £1000 fine2. Licence endorsed - range of penalty points available 3.Disqualification 4. Compulsory re-testing
Sorry to hear of your trouble.
I suggest that you write back giving the names of all the drivers who used the car. I assume that they would be listed as additional drivers with the car hire company and could be verified as such. If you shared the driving, how could you be expected to remember who was driving at the time of the incident - particularly as it was over 6 weeks ago. Put the ball back into their court.
I suggest that you write back giving the names of all the drivers who used the car. I assume that they would be listed as additional drivers with the car hire company and could be verified as such. If you shared the driving, how could you be expected to remember who was driving at the time of the incident - particularly as it was over 6 weeks ago. Put the ball back into their court.
gixxer1000 said:
* If it's clear, and it is indeed me, only then will have the sign or not sign dilemma.
No dilema there as they have you on tape
Signing or not will make NO differance. Simply write to them and ask for the evidence because you are unsure who was driving. If you are recogniseable then you're banged to rights. Chances are the images wont be 'clear'.
Note the point above though - If you are the only registered driver with the hire company you are on thin ice.
Mr Peevly said:
No dilema there as they have you on tape
Simply write to them and ask for the evidence because you are unsure who was driving. If you are recogniseable then you're banged to rights. Chances are the images wont be 'clear'.
Note the point above though - If you are the only registered driver with the hire company you are on thin ice.
I think you're right. I am prepared to take this on the chin, I just want to make absolutely sure it was me driving that's all.
I was indeed the only driver on the hire agreement, but when I got to my sister's wedding I let others drive the car to collect people, and ferry things back and forth etc. So whilst that was a little naughty of me, and the hire company may not be too happy, the fact of the matter is that unless the video is clear that it was me driving, I'd be mad to incriminate myself by signing the NIP.
Have posted a letter today to this effect and will see what they say.
I know it's boring to read these "I got a NIP, so what do I do" type of posts, but I was hoping for a little more advice on this one.
Having read a few more posts, I understand that these mobile vans must only be placed at accident blackspots. Is that true? If so then the one that may has snapped me was breaking the rules. It was clearly set up in an extremely safe driving location (on the straight part of a new 2 lane, plus hard shoulder dual carriageway).
I also understand that they are supposed to put out signs in advance to advise oncoming motorists that subject to safety camera scrutiny. Is that correct? Again if so then my van was breaking the rules as no signs were displayed.
I know these types of posts are dull reading for many of you, but I really need some help, and it could well be YOU that gets the next NIP, so come on, help me out folks.
Having read a few more posts, I understand that these mobile vans must only be placed at accident blackspots. Is that true? If so then the one that may has snapped me was breaking the rules. It was clearly set up in an extremely safe driving location (on the straight part of a new 2 lane, plus hard shoulder dual carriageway).
I also understand that they are supposed to put out signs in advance to advise oncoming motorists that subject to safety camera scrutiny. Is that correct? Again if so then my van was breaking the rules as no signs were displayed.
I know these types of posts are dull reading for many of you, but I really need some help, and it could well be YOU that gets the next NIP, so come on, help me out folks.
Quoted from Thames Valley Police:
"For a mobile enforcement site the injury collision criteria is at least 2 KSI (killed and seriously injured) collisions
per kilometre in the past 36 months, with speeding being a contributory factor in some or all of the collisions."
"They are mobile enforcement sites solely for casualty reduction purposes, due to the injury collision history which exists."
Camera signs must be erected, but can be the standard fixed ones used for Gatsos etc....
"For a mobile enforcement site the injury collision criteria is at least 2 KSI (killed and seriously injured) collisions
per kilometre in the past 36 months, with speeding being a contributory factor in some or all of the collisions."
"They are mobile enforcement sites solely for casualty reduction purposes, due to the injury collision history which exists."
Camera signs must be erected, but can be the standard fixed ones used for Gatsos etc....
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