Other speeding fine

[shieldy2k7]

So, what would 45mph be? in "real" speed, think i was clocked by a speed camera van' doing about 46 at the most, then slowed to a 36ish in a 30, If i have been caught, what would they do it at 45-46 or 35-36 when i was closest to the van,

Anyway i can get out of it?

if i have been caught, it will be my first ever driving offence in the 2 and a half year i have been driving,

Any idea how long it would take to come though?

[simon1]

Originally Posted by shieldy2k7

So, what would 45mph be? in "real" speed, think i was clocked by a speed camera van' doing about 46 at the most, then slowed to a 36ish in a 30, If i have been caught, what would they do it at 45-46 or 35-36 when i was closest to the van,

Anyway i can get out of it?

if i have been caught, it will be my first ever driving offence in the 2 and a half year i have been driving,

Any idea how long it would take to come though?

You have to have received the NIP (Notice of Intended Prosecution) within 14 days. Otherwise they have no case. Someone feel free to correct me if I'm wrong.

[NEEMSTAR]

PePiPoo: Helping the motorist to get justice

[shieldy2k7]

well just happened at 10:30 this morning, so will need to wait

[TTDegs]

Originally Posted by simon1

You have to have received the NIP (Notice of Intended Prosecution) within 14 days. Otherwise they have no case. Someone feel free to correct me if I'm wrong.

there are some caveats to that (for example if it's a company car, or the registered address is incorrect etc), but basically I believe you are right.

45 indicated is about 42 real
36 indicated is about 33 real

If you were doing the 45 in a 30 zone, then be prepared for a court visit.
If it was 36, then you might just about have been going slowly enough to avoid prosecution.

But I believe that they target you from a fair distance away...




Can any members who wish to reply to this thread please not let it fall into a debate about
a) speeding
b) traffic cameras being cash cows
c) the morality (or otherwise) of either commiting the offense or using 'loopholes to get away with it'

many thanks

[shieldy2k7]

Originally Posted by TTDegs

there are some caveats to that (for example if it's a company car, or the registered address is incorrect etc), but basically I believe you are right.

45 indicated is about 42 real
36 indicated is about 33 real

If you were doing the 45 in a 30 zone, then be prepared for a court visit.
If it was 36, then you might just about have been going slowly enough to avoid prosecution.

But I believe that they target you from a fair distance away...




Can any members who wish to reply to this thread please not let it fall into a debate about
a) speeding
b) traffic cameras being cash cows
c) the morality (or otherwise) of either commiting the offense or using 'loopholes to get away with it'

many thanks

I know its wrong to speed, and its not a thing i am proud of doing, i though it was a 40, but going down the road later that day seen it was a 30,

Would it take longer with it being a "Motability" car? as they are the registered owner's i am just a "keeper",

I dont know what it would have "clocked" me at as a fair bit away i was doing 46ish just hope its at the lower speed when i was closer to the van, but, i am gutted that its happened, cant belive it. normally stick to the speed limits or under just was a lil bit to heavy on the accelerator

[TTDegs]

Cheers for that

And yes, unfortunately you'll probably have to wait for a bit longer, as the NIP (if it results in one) will go to them first to be forwarded on to you

[Unknownsoldier]

Your one of those unlucky people to fall outside the 14 day notice and they will in all probability only have to contact the owner, who will forward the NIP to you, thereby circumventing the 14 day rule. 45 in a 30, and mid morning, be prepared they could come down hard! (I know people get treated worse if speeding past a school in the morning etc. as it is essentially added danger).

IF you were clocked a 40+ you will get a ticket, if clocked at 33 they likely will not bother, as your speedo could be out, however they sometimes target even 1 mile over the limit (usually "safety camera's" not "Speed camera's"), which to my mind would not get far in court.

The most you can do is wait, then if the worst comes to the worst, you have three options:

1). Accept the FPN and grit your teeth to inform your insurance company, who being motability, won't give a t*ss IIRC. And possibly ask to attend a road awareness course to aid you in your driving, which may prevent you from getting points.

2). Take it to court and explain that you thought it was a 40 limit and that you were doing what in all honesty you believe to be the correct speed (which IMHO won't work seeing as you weren't doing 39-40, btw camera vans can pick you up at something like 1/2 a mile away if sited properly, which they rarely are) Basically they will say, if you thought it was a 40, why were you doing over 40.

3). Ask to see all relevant documents (Photo of the person committing the alleged offence, calibration certificate, daily log). Also photograph the location, Were there signs??? Were the speed signs both sides of the road (IIRC under UK law the signs have at the beginning of the limit be both sides of the road), Was the camera located on a straight stretch or a bend???? (when on a bend calculations differ dramatically, also depending whether you had to overtake a parked car or not), was it clear weather and light, could there have been debris in front of you moving faster than you were???

The choice is up to you, if you get off, take it as a sign and slow it a bit.

Tom

[angie4m]

Was it defo a speed or safety camera van? I just ask as there have been a few DVLA van's which look just like the mobile units dotted about this area recently actually checking folks road tax etc.

Police have been on standby near the unit to pick up these folk and they have discovered a fair few uninsured drivers, vehical, ones without tax and mot etc.

Don't worry about it at the moment, if a ticket drops through the door then it drops through the door. You'll do yourself more harm than good worrying about it. Its done now

[Unknownsoldier]

Exactly, also your worrying about very little really, what 60 quid and three points, not the end of the world, as I said also motability pays your insurance anyway, so it doesn't really affect you much.

Tom

[SluffGuy]

Originally Posted by Unknownsoldier

2). Take it to court and explain that you thought it was a 40 limit and that you were doing what in all honesty you believe to be the correct speed (which IMHO won't work seeing as you weren't doing 39-40, btw camera vans can pick you up at something like 1/2 a mile away if sited properly, which they rarely are) Basically they will say, if you thought it was a 40, why were you doing over 40.

I don't advise doing this - you're likely to end up being prosecuted for driving without due care and attention into the bargain.

Ignorance of the law is never a defence.

[HappyMan]

I read somewhere, not sure if it was on here or not, that basically the courts are bias against motorists and if people do decide to court it is likely the result would be worse.

Accept the fine and move on,

[lawman]

You should ALWAYS ask to see the certificate of calibration for the machine used, then as its your first driving offence you can do a one day driving course which you have to pay for but it means you escape the points THIS ONLY APPLIES TO THE FIRST OFFENCE THOUGH

[Unknownsoldier]

Sluffguy: Firstly your not 'ignorant of the law' if the area is improperly signposted, as has been the case in several failed prosecutions, but I did point out it was unlikely to work due to being over the limit it could have been anyway.

Happyman: Courts are not allowed to be bias (if it can be shown the case is quashed anyways), however you go to a magistrates court, not one with a jury They have legal advisers and if you have a reasonable knowledge of the law, and place a decent defence stating that the area was badly signposted etc. they have to weigh you up fairly, it would be against the verbal constitution of the UK to prevent people from their legal right of trial in court by threats, which is what the police attempt to do anyway with the increase of points 'threat'.

Tom

[Unknownsoldier]

Originally Posted by lawman

You should ALWAYS ask to see the certificate of calibration for the machine used, then as its your first driving offence you can do a one day driving course which you have to pay for but it means you escape the points THIS ONLY APPLIES TO THE FIRST OFFENCE THOUGH

Exactly.

Tom

[ashkeenon]

Hi

I would also advise not going to court as they can often increase the fine and points if they wish to make an example or there clamping down on that sort of stuf that week.

Ive managed to evade a few of those mobile safety camera units speeding over the limit when i seen the van and slowed down imediatley although they can measure your speed from a fair distance they dont measure it until your properly targeted and closer so the reading is more accurate as the further away it is measured the less accurate it is and this can be contested as the manufactures claim that it is at its most accurate in X amout of distance.

The police had a open day so to say and had one of those speed camera vans that you could have a look in and ask questions about.

[Unknownsoldier]

They can but only if the offence warrants it, not just because they feel like it, they can NOT go over the prescribed amount allotted by law (and there are rules, and judgements made about what contributes to increasing points, going to court is not one of these points!!!!!). THEY CANNOT PENALIZE YOU FOR TAKING YOUR LEGAL RIGHT TO HAVE YOUR CASE HEARD IN COURT! They can however penalise you for your speed which if it is fairly insignificant is not likely. (I will not comment for scotland as your laws are different).

Tom

[TTDegs]

Presumeably though Tom the difference is in cost?

NIP - £60 fine and 3 points

Court - either zero cost (can you claim back your costs if you win?), or if you loose £60 fine, 3 points and your own defence costs, plus court costs?

[Unknownsoldier]

I agree, costs could way heavily, but to safeguard your licence and if your in the right then you are entitled to defend yourself. I should think you should be able to claim back costs if you could prove the police were in the wrong.

But how much would your insurance go up on an R for instance with 3 points on your licence? Could your job suffer?? TBH, the amount of times the police send things out wrongly is suprising, and often all it takes is a letter pointing out their innadequacies to get them to reconsider.

Tom

Tom

[SluffGuy]

Originally Posted by Unknownsoldier

Sluffguy: Firstly your not 'ignorant of the law' if the area is improperly signposted, as has been the case in several failed prosecutions,

This is true but the onus would be on you to prove it. And, in any event, there is the section of the highway code about 30mph speed limits where streetlights are installed and no other speed signs are displayed. The direct quote is

* The 30 mph limit usually applies to all traffic on all roads with street lighting unless signs show otherwise.

So I would reiterate that ignorance of the law is not a defence, and that, moreover, you're likely to get a second charge into the bargain.