Viewing 40 posts - 1 through 40 (of 57 total)
  • Speeding question
  • Ewan
    Free Member

    First off, i'm not trying to avoid this, i'm just want to know how long I should be on edge for.

    On the way back from biking I think I got zapped by a copper with a speed gun. Not sure how you tell really, but I was doing an indicated 38 ish in a 30 zone, so I presume they'll bang me to rights for it. Has the speed gun just got a camera in it, or should I expected the bloke to come after me in his car?

    In any event, how long do they have to send me the notice?

    Chris-S
    Free Member

    Well you've fessed up on here now, so you've probably blown any chance of getting away with it.
    still its only 60 squid and 3 points for 4 years . The time will fly !!

    TandemJeremy
    Free Member

    If its a plod with a gun usually he will have a mate up the road to catch you or will flag you down. 38 indicated is probably only 35ish real so you seem to have got away with it.

    sweepy
    Free Member

    if you car indicated 38 you were probably doing less than that, and they generally allow a bit of leeway, I wouldnt worry- it wont help anyway.

    ziggy
    Free Member

    If the gun was hand held then ask them for a court summons, DO NOT ADMIT LIABILITY, unless it was mounted to a tripod or car then it is usually inadmissable evidence in court. They also need to be calibrated at regular intervals, which apparently they are often not. Information from a current serving officer friend.

    Gary_C
    Full Member

    Plod,by law have got to send out the N.I.P. (Notice of Intended Prosecution) within 14 days of the 'alleged offence'to the registered keeper of the vehicle.

    Tracker1972
    Free Member

    ziggy, maybe he could just wait and see rather than go into a station and ask for a summons whilst not admitting liability?
    Ewan "I want a court summons"
    Officer "why, what did you do?"
    Ewan "I don't have to answer that"
    Officer "ermmmmmmm"

    ziggy
    Free Member

    No I meant if you get a fixed penalty notice, obviously 🙄

    Neil-S
    Free Member

    Gary_C is right.

    If you were in your own car (i.e. you are the registered keeper) then the NIP must be on your doormat within 14 days, although I think they *might* be able to claim a couple of days as slippage (don't quote me though)

    If you are not the registered keeper (company car, hire car etc) then they still have 14 days to serve the registered keeper, but up to 6 months to prosecute the driver.

    Neil.

    br
    Free Member

    If the letter comes through the door, you've already admitted guilt – so be a man. You were doing an indicated 38mph, and your speedometer was your only guide, in a 30mph limit.

    Don't do crime, if you can't do the time.

    Neil-S
    Free Member

    Did you actually read the first sentence in Ewan's post b r?

    Sum
    Free Member

    LOL @ b r!

    chris_mbuk
    Free Member

    probably didn't zap you at all, if i was the policeman id of zapped you just to see how fast you were going out of interest ;p , i always try make them 30mph signs flash up lol

    br
    Free Member

    Neil, yes I did, and just re-inforcing the point for when/if the letter arrives.

    I'm all for arguing the toss/legalities when done wrongly, and have done the fair share of this myself, but when caught red-handed…

    My best one was a parking ticket "illegally parked in a motorcycle bay". I just ignored it and all the subsequent tickets/letters etc until they arranged a court day.

    I then rang up. Why did you not do anything before, they asked?

    Oh, says I, I'm happy to go to court its just I'm abroad when you scheduled it.

    But if you go to court there will be additional costs, says them.

    How about you read the actual ticket, says I.

    2 mins later, a sheepish chap came back on the line – ah, says he – "Kawasaki", thats a motorbike isn't it…

    thegreatape
    Free Member

    If it was a camera van with a bloke sat inside it's like a static speed camera, takes a photo, registered keeper gets an NIP through the post.

    If it was a policeman standing at the side of the road, or even sat in his car pointing a hand help speed gun at you, you'd have to be stopped at the time. As mentioned above, most car speedos are not calibrated, so your 38 could easily be 35 say for real.

    Up here, in a 30 zone for example, 31-39 would be a warning (although no one would bother pulling you over for 31/32/33), 40-49 a FPN would be offered, 50+ would be a report to the PF. These guidelines may vary between forces however.

    Whos_Daddy
    Free Member

    How long the police have to issue a notice?

    The police must serve a NIP within 14 days of the alleged offence, but there are circumstances in which the notice will still stand even if it is later than this, for example, if the delay was the driver’s fault because they have not told the DVLA or the DVA of a recent change of address.

    Yes it does say 14 days on various website but don't believe it, its rubbish.

    I got zapped at the end of November in a company car & got the ticket about 2 weeks ago.

    ****ts! 👿

    toys19
    Free Member

    Neil S – Member

    Did you actually read the first sentence in Ewan's post b r?

    Commonest theme on here.

    steveh
    Full Member

    Whos daddy they have to serve notice (or try to) within 14 days to the registered keeper. They'll have done that to your lease company who've then taken quite a while to get it to you, not the Polices fault.

    You don't have to be stopped at the time by a policeman with a speed gun either, the on time I've had points was from a guy parked up with a gun and I though as he didn't follow me I'd got away with it, my fine arrived in the post shortly after.

    freeganbikefascist
    Free Member

    Whos_Daddy

    I got zapped at the end of November in a company car & got the ticket about 2 weeks ago.

    I'm no lawyer but I believe this means that they can't enforce the fine. I think Flintoff got away with this last year to some criticism from the press.

    /edit. Oh yeah, missed the fact that it's a lease. check the timeline of what happened, could be you should be blaming the lase company not the cops.

    wiggy
    Free Member

    Just received my NIP for 36mph in a 30mph – You can't argue with their
    photo evidence apparently and they intend to prosecute.

    This is my first speeding fine after 30 years point free driving – I have been offered the option of a 'Speed Awareness Course' to save 3 points
    this is £60 + 1 days lost wage.

    Yorkshite Police

    uplink
    Free Member

    I have been offered the option of a 'Speed Awareness Course' to save 3 points

    just take the points

    cookeaa
    Full Member

    Take the Speed Awareness Course…

    A Mate at work was given it as an option, and took it, although it cost £10 more than the fine, it mean't he kept the points off his licence, Points can have a knock on effect with insurance pricing (I think, tell me if this is not correct?) so it is "the lesser of two evils" if you like, long term you're always better with a clean licence…

    uplink
    Free Member

    although it cost £10 more than the fine

    + a day's salary

    Anyway 3 points in 30 years is not a big average – so unless he's changed his ways, he'll be 120+ before he accrues enough points for a ban

    I got 3 points a few years back & it didn't affect my insurance

    Speshpaul
    Full Member

    "'Speed Awareness Course' to save 3 points"
    i know of a few people who have done this and enjoyed the driving – normally ex traffic cops doing the "teaching".

    Often police "gun" a 30 following complaints, if you aren't taking the Pee speed wise and react quickly in the right way, then its job done.
    If you just drive past the copper at 40 and don't notice him, then you've got it coming.

    thisisnotaspoon
    Free Member

    Just received my NIP for 36mph in a 30mph – You can't argue with their
    photo evidence apparently and they intend to prosecute.

    This is my first speeding fine after 30 years point free driving – I have been offered the option of a 'Speed Awareness Course' to save 3 points
    this is £60 + 1 days lost wage.

    Yorkshite Police

    Shall we pull that appart line by line?

    This is my first speeding fine after 30 years point free driving
    so youve been speeding for 30 years and are now annoyed that they clocked you?

    Yorkshite Police your one letter off there shall we just assume that was a typo?

    ~Ohhh I forgot, your an awesome driver with such advanced skills that you have never and will never have a crash.

    BigButSlimmerBloke
    Free Member

    Don't do crime, if you can't do the time.

    Don't do time if you can weasel out of it.
    You have 14 days, no notice, you're off
    If you get one, don't admit it anything other than being the owner of the car, but ask for a copy of that day's calibration certificate. IIRC less than 50% of them calibrated daily, even though there's a legal requirment.
    Read the letter and see if there's anything questionable in it. One I got said that I had to disclose who was driving the car if not me, and failing to do so "may in itself constitute a crime". Wrote back asking for confirmation as to whether or not there is a legal requirment to disclose and if so under which piece of legislation would I be charged for failing to disclose. No reply, and I didn't pursue it.
    No points on licence and no speed tax paid to date.

    Whos_Daddy
    Free Member

    I never got offered the "Awareness course" this time, as I took that last time 😳 & you can only do that once ever 3 years!!

    Oh well, fine paid, points taken. At least the points have been back dated!!

    M6TTF
    Free Member

    the key point is the date on the NIP – it could take 6 months to come in the post, but if the date is within 14 days of the offence they can prosecute

    anonymouse
    Free Member

    the key point is the date on the NIP – it could take 6 months to come in the post, but if the date is within 14 days of the offence they can prosecute

    Not so. They lost a recent case when NIPs were delayed by the postal strike before Christmas and were received late.

    uplink
    Free Member

    Not so. They lost a recent case when NIPs were delayed by the postal strike before Christmas and were received late.

    You missed the point there I think

    the key point is the date on the NIP

    Not the postmark, the date on the NIP

    BigButSlimmerBloke
    Free Member

    You missed the point there I think

    No, I don't think he did – the key point is when you are notified of the offence – that's the date it arrived with you. The cops are obliged to ensure you are notified with 14 days. No notification= no case. So if the NIP is in the post and gets delayed for any reason you have a strong case to have it dismissed on day 15 regardless of the reason for the delay.
    If you're on holiday and the NIP arrives, they have delivered it to you as best they could, so tough titty to you.

    toys19
    Free Member

    The NIP question is answered comprehensively here.

    aracer
    Free Member

    If you get one, don't admit it anything other than being the owner of the car, but ask for a copy of that day's calibration certificate.

    Well it seems you were lucky, but in the majority of cases you won't get anything out of them at all at that stage. You've certainly no right to see the certificate when all you have is a offer to settle out of court – you need to be on your way to court before you have a right to see evidence.

    One I got said that I had to disclose who was driving the car if not me, and failing to do so "may in itself constitute a crime". Wrote back asking for confirmation as to whether or not there is a legal requirment to disclose and if so under which piece of legislation would I be charged for failing to disclose. No reply, and I didn't pursue it.

    Again you were lucky – you are required to disclose who was the driver, and make reasonable efforts to find out if you don't know (eg if you were sharing the driving on a journey you're expected to have some clue about who was driving when rather than denying all knowledge). Seems to go against the principle of innocent until proven guilty, but has been upheld by European courts, so that's the way it is. Plenty of people have and are being done for failure to disclose within the 30 (or 28?) day time limit – the penalty for which is a bigger fine and 6 points. Certainly not good advice to recommend copying your actions – I'm guessing this was a while ago (do you get a lot of NIPs?) as I understand they've tightened up a lot recently, and even now mention on the NIP which law you'll be prosecuted under if you fail to disclose who the driver was.

    GrahamS
    Full Member

    Yorkshite Police

    speed tax

    🙄

    Nasty old traffic polis eh? Doing their appointed jobs and catching innocent drivers breaking the law. Bastards.

    PeterPoddy
    Free Member

    Don't you just love how STW automatically gets hot under the collar and starts laying down the law with tired old lines like "Ohhh I forgot, your an awesome driver with such advanced skills that you have never and will never have a crash. " every time the word "speeding" is typed?

    🙄

    I think I'm gonna do a ton up the bypass on my way home tonight, just to annoy you…… 🙂

    Whos_Daddy
    Free Member

    its not the fact I was caught (I do around 30k miles per year, so its only a matter of time), it was that it took so long for the letter!

    I was doing 35 in a 30 limit, paid the fine, took the points, no issue here!

    thisisnotaspoon
    Free Member

    Doing 100 on the motorway doesnt bother me in the slightest,

    Speeding in a 30 is reprihensible though.

    Speshpaul
    Full Member

    "Speeding in a 30 is reprihensible though."
    Is it?
    Most drivers say it is and then break the limit. They are happy with it, as long as they don't get caught.

    D0NK
    Full Member

    One I got said that I had to disclose who was driving the car if not me, and failing to do so "may in itself constitute a crime"

    Yep police will want to know who is driving and whether they are insured, if you don't know who or claim not to they will have words with you. Some complete arsehole rear ended me while on my bike and then drove off, he wasn't the registered keeper and obviously got the lady who was to deny all knowledge of who was driving. She got £350ish fine and 4 points – all they could "do" anyone for and no chance of my insurance claiming back off the driver or owner.

    Try to get off on a technicality if you want but don't bitch about it or call it a tax.

    FuzzyWuzzy
    Full Member

    100 on a motorway is no different to speeding in a 30 (unless you're talking about doing 100 in a 30…). Not all 30's are in heavily built up areas with kids leaping from behind parked cars. Not saying it's right to speed but under certain conditions I'll edge above the speed limit if I deem it's safe.

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