12 points; dunno what to do
12 points; dunno what to do
Author
Discussion

bindit

Original Poster:

2,345 posts

283 months

Friday 5th March 2004
quotequote all
I'm still sitting on my NIP that will take me up to 12 points and i can't decide whether to go down the 'not signing route', or just grovel to the sheriff court and hope they don't ban me.

I've done some digging about regarding not signing and there's heaps of people who've been taken to court and fined plus given costs and points (view pepipoo.com). Do i really want to inflame the court by trying to wriggle out of it and end up gettin a certain six month ban?

My licence is absolutely essential to my job; no car=no job, and jobs are not growing on trees just now, especiallly with no licence... i could

OK.. grovel on my soft underbelly with a good brief in tow, or pretend i've got balls like cantaloups and maybe end up in court for an offence contrary to s.172???




PS. Please don't anyone preach to me that i shouldn't have been speeding i drive squillions of miles a year and rarely exceed any limit by more than 10%, its just when i have there's a feckin scamera van waiting for me when i'm doing a ball hair over their set point in perfect conditions on an empty dual carraigeway...

PPS, if i'm still driving this summer, my car might be bristling with sensors and jammers, a bit late i know...

safespeed

2,983 posts

292 months

Friday 5th March 2004
quotequote all
bindit said:
I'm still sitting on my NIP that will take me up to 12 points and i can't decide whether to go down the 'not signing route', or just grovel to the sheriff court and hope they don't ban me.


Sorry to read your story. Can you play for time until the 16th March when a high court case might decide the non-signing issue once and for all? (there could also be further appeals).

After the 16th you MIGHT be able to send the NIP back unsigned and KNOW that you will be in the clear.

I'm quietly hoping that the DfT will pursuade the CPS that this escape route will let them (DfT) off the hook of backing this disasterous road safety policy.

Best Regards,
Paul Smith
Safe Speed
www.safespeed.org.uk

Roadrage

603 posts

262 months

Friday 5th March 2004
quotequote all
TWO WORDS

FIGHT BACK.

D-Angle

4,468 posts

260 months

Friday 5th March 2004
quotequote all
Bit of a thread hijack here, but I wonder if it is going to put the kibosh on not signing the form if there's a decision being made on it. As I understand it, it's the European Human Rights Act that allows this (you can't be compelled to sign a form that incriminates you). But wasn't Britain pulled out of the EHRA by El Dictatore Senor Blair last year?

Correct me if I'm wrong on this, it's just how I've heard it works.

Regards,
Justin


P.S. You could just do what I'm doing and do everything you can to move to the Isle of Man before the Peoples Revolt kicks off....

kevinday

13,506 posts

298 months

Friday 5th March 2004
quotequote all
D-Angle said:
But wasn't Britain pulled out of the EHRA by El Dictatore Senor Blair last year?



Not as far as I know, and IMHO it would be very unlikely considering the frog-faced one's work.

Muncher

12,235 posts

267 months

Friday 5th March 2004
quotequote all
There may well be a case based on The Human Rights Act 1998.

D-Angle

4,468 posts

260 months

Friday 5th March 2004
quotequote all
kevinday said:
D-Angle said:
But wasn't Britain pulled out of the EHRA by El Dictatore Senor Blair last year?


Not as far as I know, and IMHO it would be very unlikely considering the frog-faced one's work.

I thought we were withdrawn from it at least a bit to get rid of this pesky "innocent until proven guilty" nonsense

Roadrage

603 posts

262 months

Friday 5th March 2004
quotequote all
Muncher said:
There may well be a case based on The Human Rights Act 1998.


there is the adriss case
due to be heard in the next 2 years or so

Roadrage

603 posts

262 months

Friday 5th March 2004
quotequote all
Muncher said:
There may well be a case based on The Human Rights Act 1998.


there is the adriss case
due to be heard in the next 2 years or so

jeffreyarcher

675 posts

266 months

Sunday 7th March 2004
quotequote all
bindit said:
or just grovel to the sheriff court

If it's basic speeding, it will be the District Court with a JP (JPs in some).

motorbiker

44 posts

261 months

Monday 8th March 2004
quotequote all
Find a new job within walking distance.

bindit

Original Poster:

2,345 posts

283 months

Monday 8th March 2004
quotequote all
motorbiker said:
Find a new job within walking distance.


A wonderfully constructive piece of advice, thank you so much

Nightmare

5,273 posts

302 months

Monday 8th March 2004
quotequote all
tricky one....if you go to court you will be done on totting. In that situation the magistrates have no choice but to ban you.....unles they can find mitigating circumstances...like you also take a disabled person to work with you and not just you.... or needing to get special medicine on a daily basis for your ill gran...well, you see the idea.

If you go the signing route, you're walking a fairly fine tightrope. Most of the brave lads on here trying it have significantly less to lose cos they're at the 3 point stage....

hertsbiker

6,443 posts

289 months

Monday 8th March 2004
quotequote all

You have to weigh up the moral balance.

If you think you were being a danger to society and should be punished, take it on the chin & apologise. If you know it was a heinous act, then be a man and take the hit.

If however you think that it was a victimless crime and that you are only being criminalised by a spiteful regime, then;-

Get the photo's.
If you can't be IDed, then find someone to take the rap.

Nasty, illegal, but I don't think anyone should lose their job because of a few mph.

bindit

Original Poster:

2,345 posts

283 months

Tuesday 9th March 2004
quotequote all
hertsbiker said:

You have to weigh up the moral balance.

If you think you were being a danger to society and should be punished, take it on the chin & apologise. If you know it was a heinous act, then be a man and take the hit.

If however you think that it was a victimless crime and that you are only being criminalised by a spiteful regime, then;-

Get the photo's.
If you can't be IDed, then find someone to take the rap.

Nasty, illegal, but I don't think anyone should lose their job because of a few mph.



Well i suppose doing 80 on a quiet dual carraigeway in perfect conditions does not warrant me losing my livliehood

Unfortunately it is front facing video evidence, unless i can find my double, i'm not sure i should risk perverting justice and all that.

I think i'm going to try the hardship clause, i want to fight back, but there is not much evidence in Scottish law on not signing the NIP and i have much to lose.

Nightmare

5,273 posts

302 months

Tuesday 9th March 2004
quotequote all
I genuinely believe that most magistrates do NOT want people to lose their jobs and livelihoods. I back this up with the fact they didnt ban me, and in fact made up mitigating circumstances which according to my dear old ma (who is a JP) was somewhat 'not on'

The real difficulty you'll have will be the argument

"So your job is very important to you, you already have 9 points for previous offences....and you got done again - are you sriously retarded or do you just think the law is a joke and doesnt apply to you?"

you need to think up a very good, reasonbale and fair answer to this question which will allow them to then take pity on your hardship claim....

Night