21 replies to this topic

[Blackfear]

I got a letter this morning telling me i was doing 34mph in a 30mph zone, In my opnion they would only give such a stupid speed limit to me because im a very young driver (18)It don't tell me if i have to pay a penalty or I get any point's at the moment, I have 28 days to responde back to this letter, Does anyone know what happens ?
Thank you.

[wardyxxx]

If you receive a Notice of Intended Prosecution (NIP) through the post, it's important that you deal professionally and knowledgably when corresponding with the police. The keeper of the vehicle has a legal obligation, under Section 172 of the Road Traffic Act, to provide the name of the person who was driving their vehicle at the time of the alleged motoring offence. If the keeper cannot remember who was driving their vehicle, they may be liable to prosecution.

If the keeper writes to the Constabulary concerned and requests a copy of the photographic evidence, "in order to help them to identify the driver", they will probably get one of the following responses:

* They will be provided with a copy of the photographic evidence - or;
* The Constabulary may write back and state that "the photographic evidence is not intended to identify the driver, it is simply a means of identifying the offending vehicle".

If the Constabulary makes the above statement, or if the evidence that they provide proves to be inconclusive, the keeper may still guilty of an offence unless they discharge their legal obligation under Section 172 of the Road Traffic Act 1988 by:

* Providing the name of the driver, or;
* By providing a list of possible drivers.

If the keeper fails to name the driver, they may be liable to prosecution and the punishment could be worse than for the speeding offence, i.e. 6 points, a fine and costs. From 24 September 2007 the penalty for failure to comply with S 172 goes up from 3 to 6 points: Road Safety Act 2006 section 29.

[Blackfear]

If you receive a Notice of Intended Prosecution (NIP) through the post, it's important that you deal professionally and knowledgably when corresponding with the police. The keeper of the vehicle has a legal obligation, under Section 172 of the Road Traffic Act, to provide the name of the person who was driving their vehicle at the time of the alleged motoring offence. If the keeper cannot remember who was driving their vehicle, they may be liable to prosecution.

If the keeper writes to the Constabulary concerned and requests a copy of the photographic evidence, "in order to help them to identify the driver", they will probably get one of the following responses:

* They will be provided with a copy of the photographic evidence - or;
* The Constabulary may write back and state that "the photographic evidence is not intended to identify the driver, it is simply a means of identifying the offending vehicle".

If the Constabulary makes the above statement, or if the evidence that they provide proves to be inconclusive, the keeper may still guilty of an offence unless they discharge their legal obligation under Section 172 of the Road Traffic Act 1988 by:

* Providing the name of the driver, or;
* By providing a list of possible drivers.

If the keeper fails to name the driver, they may be liable to prosecution and the punishment could be worse than for the speeding offence, i.e. 6 points, a fine and costs. From 24 September 2007 the penalty for failure to comply with S 172 goes up from 3 to 6 points: Road Safety Act 2006 section 29.

So basically i loose my license if i get the 6 points ? :/

[minijawa]

Yup if you dont reply you will loose your licence due to your age and length of time since you passed your test. Best of just filling in the form, sending it back and taking the punishment.

I just got similar through the post although knew it was coming the moment I noticed the wombles up on the gantry above the a23.........87 in a 70 is a bit of a no no so will take the 3 points and be more careful!

[Andywade]

I got a letter this morning telling me i was doing 34mph in a 30mph zone, In my opinion they would only give such a stupid speed limit to me because im a very young driver (18)It don't tell me if i have to pay a penalty or I get any point's at the moment, I have 28 days to response back to this letter, Does anyone know what happens ?
Thank you.

Own up, the speed limit does not care how old you are. Depending on the are you live in, doing 34 in a 30 will mean one does it say the name of the road you were driving on when you were caught speeding, as the only way you can really dispute the speeding fine is if it was done with a hand held laser or radar gun and the police did not calibrate the gun on the day the offense occurred, ask the Police for the calibration report for the day the offense occurred.

if it was regular Gatso or the newer ones that face forward then its difficult to prove.

In my experience if you get done speeding you have to go out of your way to prove you didn't do it, its one of the only laws in the country that is guilty until proven innocent.

2 things might happen.

1) 3 points £60 fine
2) No points, £60 fine and you'll have to go on a speed awareness course

I Wouldn't worry about it too much an sp30 doesn't affect insurance too much. just be very careful driving in the future.

[JakeJakeJake]

I got a letter this morning telling me i was doing 34mph in a 30mph zone, In my opnion they would only give such a stupid speed limit to me because im a very young driver (18)It don't tell me if i have to pay a penalty or I get any point's at the moment, I have 28 days to responde back to this letter, Does anyone know what happens ?
Thank you.

They would have no idea who was driving, most people over 25 can drive other peoples cars.

You would have to reply saying you were driving. Don't fret too much, you won't get 6 points for that.

[lawrence]

hey,
have you thought about appling for a speed awarness course?
my mum did one and the boundaries were 10% of the speed limit plus 6 so your in the boundary.
it does depend on what county you are in however there is no harm in trying
Lawrence

[Chris_R]

hey,
have you thought about appling for a speed awarness course?
my mum did one and the boundaries were 10% of the speed limit plus 6 so your in the boundary.
it does depend on what county you are in however there is no harm in trying
Lawrence

You don't apply for that, you have to be offered it, and that would be at the next stage after he's sent back the 172.

My dad - in his 60's, 35mph in a 30mph zone = offer for speed awareness course and no points
Me - in my 40's, 34mph in a 30mph zone, same area = no offer of speed course, just 3 points and £60

In the past I've been down the route of not declaring who was driving (because I didn't know) and I got 3 points and a £350 fine for it. This was before the penalty went up to 6 points. Just fill it in truthfully and send it back.

[wolfie]

Its got nothing to do with age, if your speeding then your errr speeding does not matter if your 17 or 80
Best thing in my opinion is to be honest about it if you were the driver, saying someone else is the driver and not forwarding there details will get you points and a conviction for failing to give evidence.
You will only get 3 points so no ban unless you have been caught before, personally i think this 6 points probation period is a good thing.

Edited by wolfie, 24 February 2011 - 04:38 PM.

[Pauly]

I thought you was fully within your rights to see the photo evidence? To prove it was your vehicle?

I think the speed awareness course is only for drivers with their first traffic offence? I.E if you have been court speeding before, you are not entitled to it?

Looks like they have done you for 1 mph over (your allowed 10% IIRC)

[998dave]

I do hope you only get a £60 fine and a slapped wrist...

However... Send off the letter and take whatever you get.
Remember you decided to speed and you knew the risk, take whatever fine/points you get and learn from it!

Dave

[Cooperman]

Prosecution for 34 in a 30 is very unusual, because the Ass'n of Chief Constables threshold speeds are "limit +10% +2MPH", which makes prosecution threshold 35 mph.
Go the a web site called 'www.Pepipoo' which is where you'll get lots of good advice on this.

[Blackfear]

I got a letter this morning telling me i was doing 34mph in a 30mph zone, In my opinion they would only give such a stupid speed limit to me because im a very young driver (18)It don't tell me if i have to pay a penalty or I get any point's at the moment, I have 28 days to response back to this letter, Does anyone know what happens ?
Thank you.

Own up, the speed limit does not care how old you are. Depending on the are you live in, doing 34 in a 30 will mean one does it say the name of the road you were driving on when you were caught speeding, as the only way you can really dispute the speeding fine is if it was done with a hand held laser or radar gun and the police did not calibrate the gun on the day the offense occurred, ask the Police for the calibration report for the day the offense occurred.

if it was regular Gatso or the newer ones that face forward then its difficult to prove.

In my experience if you get done speeding you have to go out of your way to prove you didn't do it, its one of the only laws in the country that is guilty until proven innocent.

2 things might happen.

1) 3 points £60 fine
2) No points, £60 fine and you'll have to go on a speed awareness course

I Wouldn't worry about it too much an sp30 doesn't affect insurance too much. just be very careful driving in the future.

It said Kingsway in newport, It told me i was court on a speed camera, Thing is i wouldnt be doing 35 in a town centre full of camera's on a busy one way system with speed bumps everywhere, I have sent the letter off Confirming it was me driving the vehicle, But how would i manage to get a photo or evidence, I really wouldn't want to piss them off and make them go through trouble then get more then 3 points etc.

[Blackfear]

I thought you was fully within your rights to see the photo evidence? To prove it was your vehicle?

I think the speed awareness course is only for drivers with their first traffic offence? I.E if you have been court speeding before, you are not entitled to it?

Looks like they have done you for 1 mph over (your allowed 10% IIRC)

Well it couldn't Be any other red Mini classic around with the same license plate as me ? But i would like to get ahold of a picture of me going over the speed limit by such a stupid amount its unreal.
If i was doing 33 then it would of been okay mate.

[Blackfear]

hey,
have you thought about appling for a speed awarness course?
my mum did one and the boundaries were 10% of the speed limit plus 6 so your in the boundary.
it does depend on what county you are in however there is no harm in trying
Lawrence

You don't apply for that, you have to be offered it, and that would be at the next stage after he's sent back the 172.

My dad - in his 60's, 35mph in a 30mph zone = offer for speed awareness course and no points
Me - in my 40's, 34mph in a 30mph zone, same area = no offer of speed course, just 3 points and £60

In the past I've been down the route of not declaring who was driving (because I didn't know) and I got 3 points and a £350 fine for it. This was before the penalty went up to 6 points. Just fill it in truthfully and send it back.

I filled out the form and sent it back to them, When do you find out what happens ?