69 in 60 NIP - Advice!

[ankh]

Hi everyone,

I was after some advice. I got a speeding ticket through from a travelling speed camera this weekend. I was doing 69 in a 60. I want to contest it as I am pregnant and was desperate to get to work as I was feeling unwell (abdominal pains which turned out to be indegestion). The road I was caught on is about 10 mins away from my place of work so I was trying to get there as quickly but safely as possible (I wasn't much over the top margin for a 60)

I was wondering if anyone had any advice on the best approach to this. I am 33 weeks pregnant now (I was 31 weeks when caught) and am not keen on going to court as I don't know if I will be able to turn up. I don't mind paying the £60 fine but it's the points I object to. Especially since finding out I was pregnant I have really watched my speed and observed safe driving practises (unlike some people I see). It wasn't as if I was speeding near a school or in a built up area - it was an open straight road with no-one else around. It has been suggested to me that if I argue pregnancy the police may say I'm not medically fit to drive and take my license.

Any advice would be much appreciated.

[gh0st]

Unfortunatly this would be no defence.

When I got snapped by a gatso a while back for 35 in a 30 I tried to explain that I was overtaking a cyclist and by slowing down I would have to had crush to cyclist to avoid the car that was coming the other way.

Even though the cyclist was clearly in the photograph and it could be proven they said it was "life or death" situations only that mattered.

You have been scameraed. They will not bargin with you or let you off.



Motto of story - next time kill the cyclist. The punishment is less severe.

[DontLift]

ankh said:

It has been suggested to me that if I argue pregnancy the police may say I'm not medically fit to drive and take my license.

What you may find would be that if your argue this in court, then you would be essentially arguing that you were unfit to be in proper control of vehicle. And therefore potentially land yourself in even more hot water. maybe some of our resident BiB's can comment here?

I would definately take proper legal advice before following this route.

The route I would take would be to:

a) request the photo evidence be sent to your home addres (do not just request to see it as then they will not send but invite you to view. If you cannot make out the driver from the pic then you can go down the i cannot identify the driver route.

b) Do not sign - this is still in it's infancy but it is worth exploring the non signing route.

c) Take your medicine - the alternative is roll over and pay / take the points, but why not make it as hard as possible for the theiving scumbags with a or b

>> Edited by DontLift on Monday 29th September 23:55

[lucozade]

If it could to construed that the road is a 70, i.e. more like a dual carriageway then you might be able to argue a point. Otherwise take the points. It will be 3 points, £60 fine. Not worth the hassle otherwise.

[supermono]

But it IS worth the hassle. If everybody getting one of these unfair tax demands goes through the simple process of getting the photo, not knowing who's driving, sending an unsigned NIP the system will instantly fall into disarray and will have to be rethought. Imagine the workload of processing all this extra paperwork?

[ribol]

69 in a 60, 35 in a 30, is it any wonder that burning down cameras is becoming a national sport? All we need now is a Lottery grant to help it along a little.
I cannot imagine the pregnancy being much of a defence to be honest. They will probably nick the unborn baby for driving under age and nick you for harbouring a criminal.
Whilst I would be the first to want to argue something out, in your circumstances, unless you already have a heap of points I would just pay up and concentrate on the matter in hand. Good luck with it all.

Ivan

[ankh]

Hi everyone,

thanks for the advice. I got the photgraphic evidence and whilst it's not obvious it is me driving, it is obvious it is not my husband so looks like I'll have to admit the offence.

I was wondering whether to write to the police when I send the NIP and ask if they will drop the charges (or at least the points) as I'm not in a position to contest this in court. Does anyone have any adivce? I'm presuming the worst that can happen is they say 'no'?

TIA

[Boosted LS1]

They won't play ball. The process has started so the file will go off to cps. I'd either pay or have somebody else complete the form and don't sign. I did this. 7 months later I got the summons (last week). I shall send it back as a not guilty plea. They will have to produce their 2 witnesses if it goes to court and I won't give evidence (maybe just a statement). It was 39 in a 30. They can't prove I was driving so I'm banking on them dropping out at the eleventh hour. Thing is, I don't think you get points for not signing the NIP's. Somebody correct me if I'm wrong please.

[pies]

Get your husband to fill in the nip(dont sign it), he can't be called as a witness,therefor the NiP is inadmissable as evidence so they only have the photo.How good is the photo,as that seems to be the only evidence

HTH

[outlaw]

Dont pay it fight it. why make it easy for em?

[jeffreyarcher]

Boosted LS1 said:

have somebody else complete the form and don't sign. I did this. 7 months later I got the summons (last week).

How'd you predict Judge Owen's ruling in Y&M?

[206XSi]

ankh said:

it's not obvious it is me driving, it is obvious it is not my husband

Is it obvious that it isn't another female who can drive your car insured for third party? Most fully comp insurance for over-25s allows this (mine does).

You've 2 choices - 'sorry don't know who' or the Pies route of husband filling and not signing - maybe you can hybrid the two?

[FastShow]

I won my unsigned case this week in court, so definitely worth going for if you can put up with the agro. Worth it just to get one over on the bastards, I reckon!

[dragstar]

anybody else..id say fight the good fight, but...

with a tot on the way, you really dont need the hassle.

just accept it, THIS time.