Summons - already accepted S59 at the roadside

Summons - already accepted S59 at the roadside

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kiethton

Original Poster:

13,921 posts

181 months

Sunday 10th July 2016
quotequote all
Been told that a summons has arrived for me to an old address, relating to a stop in mid-February

Was pulled over for 109 and "bullying" cars out of the way (incidentally I wasn't, just cruising home trying to get back for the rugby). I don't think I was going that fast but was likely over a ton so won't bother disputing the speed.

Thing is the officers at the time of the stop gave me a S59 for this, now had a summons for the same offence. I've been given 2 punishments for the same thing! - anyway to tell them to foxtrot Oscar on the summons siting the S59 I've already accepted?

As its gone to an old address (license is up to date at current address and DVLA have been informed that I've moved) is there any get out on that?

How long will it take them to issue it to the current address? - could do with delaying it a few months as can't afford a fine/cope with any ban ATM (currently renovating a house that's taken all my cash and not able to get to work from where currently staying with a ban)

kiethton

Original Poster:

13,921 posts

181 months

Sunday 10th July 2016
quotequote all
Yep, was my one at the time but did inform was moving soon.

If that's not a get-pit I need to delay the court date (I presume I'll be summonsed to appear even if I plead guilty) to late September or ideally mid-Dec so I'm in a place from which I can get to work without my motorbike and have finished the house renovation, December ideally as I'm out of the country for near a month after then.

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
Ki3r said:
kiethton said:
Yep, was my one at the time but did inform was moving soon.

If that's not a get-pit I need to delay the court date (I presume I'll be summonsed to appear even if I plead guilty) to late September or ideally mid-Dec so I'm in a place from which I can get to work without my motorbike and have finished the house renovation, December ideally as I'm out of the country for near a month after then.
It's a punishment, they aren't going to put it off until then so it suits you. Otherwise I'll speed everywhere and ask to be banned from 2099...

Section 59 goes with a ticket, normally due care (are you in court for the excess speed or the due care?).

You've got to take some personal responsibility for your actions, you know you've been summonsed to court, and they will find your new address.

There is the chance you'll be disqualified even if you don't turn up pretending you didn't get the letter wont work. I interviewed someone on Friday night for the same thing. He ended up getting arrested, car seized as well.
Don't dispute that and want them to find my address, just can't find a way to progress life if it happened this instant - need it delayed a little. I'm currently refurbishing a flat and need a car to do so, without it being finished i'm not near a station until I move in = no work if banned.

If they can't send it to my registered address its their own issue - I'm sure it'll work its way to me in time at which point i'll be in a far better place, location wise and financially and will respond as per normal.

hora said:
109 through traffic and the term 'just cruising'. Are terms thst don't go together OP.
Did have the cruise control on @95 but accelerated briefly past it when resetting after coming behind a car, this coincided with the pull. The motorway was near-empty and it's what the car was built for really, cruise a great deal faster on the continent

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
SS2. said:
Retroman said:
That's not how it will work sadly. The court date will go ahead and judgement will be made with or without you there.
If you attend and dress smart is shows you are making some effort. Not attending makes it look like you don't care and the punishment may be worse.
If the magistrates are considering a ban, it's probable he'll be required to attend - courts are not at all keen on imposing disqualifications in absence.
I realise that I will likely have to attend and will do so, main thing is to just delay it enough so that I can:

Finish the refurbishment and have somewhere to live
Complete the means form at a later date that isn't i) a bonus payment month and ii) give HR time to make a massive pension contribution to lower my net income to benefit recipient level for the equivalent fine.

Doing these things will ensure I have a roof over my head, can get to work and ensure a lower fine. I get I was going slightly fast but this is one circumstance where the punishment is totally disproportionate to the offence committed. For the record I have never been in this situation before and have a clean license - last points were for 78 on the motorway in 2010.

More proportional was the last time I was stopped speeding abroad, negotiated a fine (and that was it) of ~£20 for a speed significantly greater proportionally (103/50) - its just another stealth tax really, especially on a quiet motorway, in good conditions

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
mgtony said:
kiethton said:
I realise that I will likely have to attend and will do so, main thing is to just delay it enough so that I can:

Finish the refurbishment and have somewhere to live
Complete the means form at a later date that isn't i) a bonus payment month and ii) give HR time to make a massive pension contribution to lower my net income to benefit recipient level for the equivalent fine.

Doing these things will ensure I have a roof over my head, can get to work and ensure a lower fine. I get I was going slightly fast but this is one circumstance where the punishment is totally disproportionate to the offence committed. For the record I have never been in this situation before and have a clean license - last points were for 78 on the motorway in 2010.

More proportional was the last time I was stopped speeding abroad, negotiated a fine (and that was it) of ~£20 for a speed significantly greater proportionally (103/50) - its just another stealth tax really, especially on a quiet motorway, in good conditions
It's a bit rich trying to claim you have a clean licence after admitting in a previous thread about removing your front number plate to evade the motorway average speed cameras.
The summons has gone to the address that you gave them. If it was expected, then surely you'd just have your mail redirected for 6-12 months. Can't really be an excuse for claiming not to have received it.
That was years ago, 07-10.

Fair point, just trying to delay the hearing to the autumn/december.

After sending the form back how long does it normally take them to (ideally accept it in my absence) or to set a date?

As said, just need to ensure I have somewhere to live and a means to get to work if banned, that and give myself a chance to make the pension contribution in August's pay to lower my income to the appropriate level in case they ask to see a pay slip.

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
I was hardly driving like an idiot, was cruising on a near empty motorway with the cruise at 95, only thing is after turning it off I put my foot down instead of hitting the switch. Nothing at all dangerous in a well sighted, clear, dry motorway in a car more than capable of the job. No I don't believe in speed limits but accept they exist. Nothing I did was dangerous else it wouldn't be a simple speeding summons would it?

I don't mind a short ban, it's just trying to time it so it works out beneficially as possible re. Existing commitments and in the most cost effective manner.

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
mph1977 said:
I didn't realise the schools had broken up all ready ...

OP you sound a complete tool and i suspect that you probably don;t know / understand what you don;t know with regard to why your behaviour and attitude has landed you in the position you are in .
Not quite, at work now....

I appreciate that I've been caught and accept that, the intention is to not be caught again.

No harm in trying to make the best of a pretty st situation, admittedly of my own doing. If I can act in a way now to minimise the impact of the ban/fine I see no wrong in doing so. This is the first and hopefully last time I'll be sent to court.

With some income planning to reduce my net salary for the declaration, well timed responses and an Alex Ferguson excuse I should hopefully be able to bring it out to my benefit.

Efbe said:
kiethton said:
I was hardly driving like an idiot, was cruising on a near empty motorway with the cruise at 95, only thing is after turning it off I put my foot down instead of hitting the switch. Nothing at all dangerous in a well sighted, clear, dry motorway in a car more than capable of the job. No I don't believe in speed limits but accept they exist. Nothing I did was dangerous else it wouldn't be a simple speeding summons would it?

I don't mind a short ban, it's just trying to time it so it works out beneficially as possible re. Existing commitments and in the most cost effective manner.
yet you failed to notice the police car?

really well sighted and empty motorway there!
M25 J9-J7 so pretty good - early afternoon/lunchtime so no traffic really.

Unmarked Silver Audi, not the easiest to spot now-erdays



kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
Rovinghawk said:
kiethton said:
With some income planning to reduce my net salary for the declaration, well timed responses and an Alex Ferguson excuse I should hopefully be able to bring it out to my benefit.
weaselling out- it's what separates man from the animals. Except weasels, obviously.

kiethton said:
Unmarked Silver Audi, not the easiest to spot now-erdays
In my dictionary sympathy is between st & syphilis. wink
Not asking for sympathy just assistance in how to minimise the impact of the action and fine, surely you'd do the same?

If there is a legal way to more than halve the fine and minimise the impact of the penalty you'd take it?

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
Rovinghawk said:
If they catch you trying to play the system they might not be best impressed.
Indeed, but the intention is to not do that, playing in the letter of the law - if they wanted to avoid any ambiguity they can request a more specific measure, gross pay for example. As they've asked for net I can give them evidence of an actual net value, backed up with a payslip should they require it.

Have decided to take the form from the old address as I can collect it, but delay submitting until the end of the 28 day period alongside a full letter to try and mitigate the outcome (planning to plead guilty by post).

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
RemyMartin said:
Doing 109 on the m25...between 7-9 which is a notorious accident blackspot.

Stop crawling like a wker to get out of it, make a step change and drive slower.

I suspect you'll be getting banned anyway which hopefully be the wakeup call you need.

I'm certainly not a saint and never will be but high 90s and ton on the M25 has always felt wrong.
I'm not a habitual speeder, this is somewhat of a one-off, even the GF drives faster. I've only once been done here for speeding - 78pmh on the motorway in '09/'10 so hardly prolific.

That section is perfectly good for the speed, especially when the road is empty and weather conditions are good. The car is also more than capable and was built to sit at the limiter 24/7, only problem is the laws here seem to treat speeding worse than most other things.

I'm happy with a short ban, in a way preferring it to points - I'm only attempting to delay it to post flat refurb but ideally to the week before holiday - have a spare photocard to get by abroad.


Edited by kiethton on Monday 11th July 15:20

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
Rovinghawk said:
kiethton said:
I'm not a habitual speeder, this is somewhat of a one-off,
AND

kiethton said:
Did have the cruise control on @95 but accelerated briefly past it when resetting after coming behind a car...............cruise a great deal faster on the continent
kiethton said:
only problem is the laws here seem to treat speeding worse than most other things.
Yet you still break the law.

kiethton said:
have a spare photocard to get by abroad.
Am I right in thinking that's also illegal? You're hardly the saint you consider yourself to be.
Spare photocard issued by another country so all ok

I wasn't being specific, should have added "material" to the above, respect all 30's hence this being the first issue.


kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
At no stage have I said that I wasn't guilty or that I was trying to get out of it, more that it was a momentary slip whose consequences have come at a time that will cause more than just inconvenience. I had previously been going within the FPN threshold, why i didn't just put CC back on who knows, would have swallowed the 3 points without issue.

All I have asked advice on is delaying the inevitable until a better time and minimising the consequences of the end result.

Please for those saying that conditions weren't great they were; there was little traffic there were 3/4 lanes to use, was driving an impeccably maintained (MOT & full service the week before coupled with new tyres) ~300bhp exec car well within both my own and the car's limits. To say it was dangerous on speed alone is false.

As said previously in the thread, the last fine i received for speeding was ~£20 paid at the roadside for a worse %age, I accepted that as it was proportional (well not really) to the issue, in this case what will amount to a £200-£1200 fine dependent on how I swing my earnings is completely out of proportion. I sped, so be it but am well within my rights to do my up-most to limit the consequences.


kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
Opposite direction, was heading back to Kent. It was just after midday on a Saturday/Sunday in February, its regularly quiet - was quieter than the streetmaps image

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
FiF said:
Why did the officer say you'd been bullying other vehicles out of the way? I know you've denied that in the OP, but there's a reason for that allegation. A reason which doesn't sit well with claims of:-

"the road is empty"

 "so no traffic really."

 "well sighted, clear, dry motorway"

"near empty motorway"

but then we have

" after coming behind a car, "

"To say it was dangerous on speed alone is false."

But he isn't saying it's speed alone is he? The S59 is for section 3, ie due care and attention or reasonable consideration for other persons etc.

I'm not doing the usual PH thing of trying to throw bricks at an OP just for the sake of it, but tbh your story doesn't add up in places. Obviously you have said you will plead guilty, therefore need to think of your mitigating circumstances, if any.
Came up behind a couple of cars, one of which pulled into my lane to overtake another. I slowed, it completed its overtake, pulled in and I carried on - nothing more than that.

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
Speedo never read above 110.

Just seen photo's of the documents, come through at 105 but with statements littered with spelling errors and even the wrong name (spelling primarily). I know they are able to correct these so that's irrelevant.

Only issue is they've described the situation completely wrong, repeating the bullying cars out of the way which is complete and utter bks. I will plead guilty to the speeding but don't want this crap affecting the fine/sanction.

Ill have to write a statement where it'll be set true but know that it's one word versus the other - fuming

Can the means form be given in on the court appearance date? - bonus month this one so need to adjust it down next to mitigate the fine and am conscious I'll need to be able to prove it if asked.

kiethton

Original Poster:

13,921 posts

181 months

Monday 11th July 2016
quotequote all
johnwilliams77 said:
Get a solicitor mr big shot
Now really considering it - only thing is I have no cash for this or the fine :/

What's the likely cost of mitigation? Have about £300 total for everything really, can get to a declarable net weekly income of £200

kiethton

Original Poster:

13,921 posts

181 months

Tuesday 12th July 2016
quotequote all
FiF said:
would be best spent getting proper advice and help on presenting his case and mitigation that his view of the situation was not that presented by the prosecution.
In progress (hopefully)

kiethton

Original Poster:

13,921 posts

181 months

Tuesday 12th July 2016
quotequote all
Reg Local said:
OP, when you get your licence back, come and see me for 1/2 a day and I'll make sure you stay safe and keep your licence intact in future.
Thanks for the offer - will likely take you up on that

kiethton

Original Poster:

13,921 posts

181 months

Tuesday 12th July 2016
quotequote all
Fines are done on net weekly income, very easy to get the right result via salary sacrifice/one-off SIPP contribution

I do oppose the S59, it's a penalty - with the statement now saying what it does I'll be in-effect penalised twice for the same thing, had the comment been omitted it would be fair.

kiethton

Original Poster:

13,921 posts

181 months

Sunday 17th July 2016
quotequote all
Efbe said:
Gargamel said:
hora said:
OP someone bullied me yesterday and I thought of you. The idiot was gesticulating for me to then pull over.

I'll never bully drivers over. You never know where the next red light or jam will be.

Time to grow up and accept your punishment like a man rather than wearing a false-steel armour that enables you to act anti socially and dangerously on our streets.

High horse? No. Try attending a few RTC's. The speed heroes on here would soon change their views.
Dear God, I despair of this type of post.

Nothing happened. The OP was on a four lane stretch of motorway in light traffic, controlled the car around traffic and made progress when it was clear.

This all comes across as a bit "what if" and "think of the children" - accidents do happen, but the risk/reward for speeding isn't going away. It is a low risk activity, albeit with a high consequence.

You can travel at 70 mph and your risk of a incident is not significantly different.
it's pretty clear the OP did more than that to be fair
No it was absolutely nothing more than that - beyond exceeding an arbitrary number i did nothing wrong