Speeding penalty

Bushwacked. the police have to post the NIP so that it can be expected to arrive at the Keepers within 14 days of the offence. Then 6 months to issue the summons. Failure to respond to the NIp is an offence that carries the same penalties.
All the make them prove it arguments are dangerous and can come back to bite , the standard sentence for pervert course of justice to evade driving conviction is 3 months imprisonment for a person of good character.The law is designed to catch and identify speeding drivers and the NIP response can be used in cort to identify the driver .
Your wife should get legal advise. my guess she would be best off answering the NIP giving true details she will then receive a summons. I believe she would be best advised to plead guilty ( needs to see the summons and statements first but no right to see the photo before plea entered.) She should then argue Mitigating Circumstances / Exceptional Hardship based on loss of livelihood to try and avoid the disqualification of 6 months, this if it succeeded would leave her driving on twelve points so any further offence would result in the ban ( the same exceptional hardship cannot be used again for three years.) My experience is that Exceptional hardship arguments win two out of three times we charge £400 to £600 plus vat to present simple ones in our local court.
The points count up to the date of offence so delaying till old points drop off your licence does not work.

Best of luck.

Now all she needs to do is get a tattoo and this lot'll burn her at the stake

We cool though barnsleymitch? Your not going to remove my Cig-allowance when I'm under your care are you? 😳

A friend who drove as a job had 17 points on his licence at one point and still was able to drive.

I've never been able to work this one out (or the "I've got a family" plea to get out of a prison sentence for that matter). Someone, somewhere decided that picking up 12 points in 3 years meant that you probably were such a poop driver (either through aptitude or attitude) that you don't belong on the road for the sake of the rest of us. Now I admit the 12 points and the 3 years are quite arbitrary but thems the rules and I'm not sure your job should mean that you deserve to be exempt because you drive for a profession (i.e. on the road more than most therefore increasing the risk).

"Your not going to remove my Cig-allowance when I'm under your care are you?"
Gone are the days Hora, but sadly, when I was training, s**t like that was still accepted. Still, I'm sure I could come up with something 😉

"her and her boss set off from the same place to go to a meeting her boss arrive way ahead of her so even her boss has seen that she is driving much more carefully."

why doesnt she just travel in the same car as her boss?

think of the polar bears!

She may be guilty of speeding. But the burden of proof is on the authorities.

Ask to see the evidence. Usually they provide a blurry photo and you can't see who was driving at the time. If you're just one of a number of drivers who can drive the car, they can't prove either way that it was your wife who was driving. Unless she's the only female of course.

You're entitled to see the evidence and build your case from there.

One thing is for certain, you must provide a name for the driver so they can prosecute. Then they will send you a letter with a court date etc. When you receive this you can then retract your statement citing that you don't remember who was driving at the time. More often than not, this gets the case dropped.

I could be talking from experience, but then, I might not be.

Have known this to be done a couple of times (not by myself you will understand, only ever got 3 points for speeding once, and that was almost 10 years ago), and it proved effective. In both cases it was a company car, and one of the sales reps driving, and the company asked for the evidence which proved inconsequential as to which member of the sales team was driving it at the time.

I'd never offer someone with 9points any advice. What if she gets off and doesn't notice a cyclist on a cloudy morning in a couple of weeks because of such helpful advice?

Let her be taken off the road. It may make her wake up.

The more I read your comments on life, the more I worry that there are perhaps other people out there like you! Heaven help us if you and simonfbarnes ever come to power, people will be hung drawn and quartered on the spot for not conforming to your perfect stereotype! 😕

Sometimes guys, SHIT JUST HAPPENS! And it happens to the most undeserving of people… Often for the tiniest of mistakes.

It's threads like this that remind me how glad I am we live in a democracy, and that I'm a fairly understanding kind of person. Cos with all the extremist bigots that seem to inhabit this forum, you'd think that society was f**ked quite frankly if their views represented the masses!

Good luck getting this one sorted B, bit of a rubbish position to be in, but as it's a company car she may just be able to work her way out of it if they can't prove it was her driving it at the time… Though of course be prepared for the fact that they might be able to prove it, and that she might need to get her best grovelling gear on to go down to court and plead with them!

Convert, I think that the idea is that for some people/situations, the punishment (eg the effect of not being able to drive, loss of income, etc) is excessive punishment for the crime (eg speeding). Not saying it's right, mind…

And to follow up, a friend on mine got 15 points on his license having been caught speeding (again…) on his motorbike but kept his license because at the time he couldn't walk properly (due to motorbike crash – not his fault incidentally…) and needed a car to get about. He did get a very big fine though (£3k about 10 years ago now – expensive when you're just out of uni)

convert – Member

Sometimes guys, SHIT JUST HAPPENS! And it happens to the most undeserving of people… Often for the tiniest of mistakes.

Whilst under most circumstances I might agree, this is potentially her FOURTH conviction in 3 years!

but as it's a company car she may just be able to work her way out of it if they can't prove it was her driving it at the time…

Only w*nkers like mboy above shirk their responsibility by trying to get off things they know they have done. I'm sure your wife is not a w*nker!

Mmm.. mboy seems to be advocating people trying to evade their responsibilities..?

The more I read your comments on life, the more I worry that there are perhaps other people out there like you! Heaven help us if you and simonfbarnes ever come to power, people will be hung drawn and quartered on the spot for not conforming to your perfect stereotype!

No I have close scares at least once a week with people who look straight through me or actually don't seem me until I've shouted at them.

It worries me that someone can rack up points when cameras are clearly signed before you get to them and if you see them they are bright yellow. Ontop of that the OP's partner is speeding.

If I wasn't a cyclist I'd follow alot of Pistonheaders views 'aww mate they are generating income and victimising the public' whereas when you have close-calls it REALLY DOES change your perception on drivers awareness, ability and speed.

Soon cameras will disappear which is sad in a way. Normal people have the ability to spot them. they carry our a valuable function of removing the visually impaired.

they carry our a valuable function of removing the elderly and visually impaired.

Not really. Until he finally gave up his license aged 93, my grandad was still driving but at 20mph everywhere because his eyesight was so bad. No camera would have caught him…

The fact that she is has been 'caught' speeding is all well and good, but like I said, it's down to the police to provide the evidence and from that prosecute her.

She may well hold her hands up and say 'its a fair cop' but, she is also well within her rights to fight it and test the evidence presented against her. She shouldn't be made to feel guilty because of that right.

If anyone else is in the same position, I would expect them to do the same. Test the authority held against you on the basis on evidence, and not just roll over, especially if due process is not followed TO THE LETTER!

Everyone has a right to a free and fair trial and the minute people start to think its OK to waive that right or just allow themselves to be 'processed' is the minute we fail as a free society in my opinion.

What a load of crap. If she was speeding then it's just playing the system. It's nothing to do with democracy – that's just a feeble excuse to try and avoid what is a perfectly fair punishment – clearly defined and within your power to avoid.

Next you'll be saying it's ok to cheat on benefits so long as no one can prove it or some other rubbish.

If the police posted you a letter saying that they saw you rob a bank and they intend to prosecute and you're pretty sure you didn't ( 🙂 ) THEN you're quite right to challenge it.

mtb rossi – then you are a dick – this is not a murder case ffs!

Sorry you're talking bollocks Clubber.

Of course she should play the system, thats what its there for. She isn't doing anything dodgy or illegal she would be going through a fair trial. If the evidence is there, she would be prosecuted as normal.

What she shouldnt do is, if there is any doubt, allow herself to be put through rubber stamp justice.

mtb rossi – then you are a dick – this is not a murder case ffs!

The principle is exactly the same

OK, no point arguing it with you – we're clearly not going to agree.

She may well hold her hands up and say 'its a fair cop' but, she is also well within her rights to fight it and test the evidence presented against her. She shouldn't be made to feel guilty because of that right.

You may have the legal right, but as far as I am concerned you do not have the MORAL right to try and evade justice for something you KNOW you did.

Everyone has a right to a free and fair trial and the minute people start to think its OK to waive that right or just allow themselves to be 'processed' is the minute we fail as a free society in my opinion.

Yes especially when you know you are guilty as charged and have done the same thing multiple times. Remember you have rights and just ignore your own responsibilities to other people and the wider society in general 🙄

Christ google is awash with Jackal companies

Thats her moral choice, but those are the options as asked for by the OP.

ditto – just sad I have to live in the same society as folk with that attitude. Scream blue murder if you think you have been accused of something you have not done but to try to weasel your way out of something you know you are guilty of makes you, well, a weasel! And no one likes a weasel.

Wow, this thread has gone ape!

I think we should all stay indoors as the outdoors is a dangerous place…. 😉

mtb rossi – then you are a dick – this is not a murder case ffs!

Nah – it's ok. If they type your date of birth wrong on the piece of paper, 60+ in a 30 zone is fine, innit.

Yet another example of people trying to make someone else take the blame for their own idiocy.

Well no, no one likes a weasel. But it's down to them. It's the most fundamental principle of justice but also its most flawed. It allows people, who are clever enough, to quite literally get away with murder.

Why do you think we go to great lengths to gather evidence through forensics, CCTV and other methods.

I like weasels. They get a bad press 😉

On a general note I bloody have near misses with people on the road who lack spatial awareness or any hazard perception let alone not noticing big clues or brightly lit warning boxes that shout 'warning you may lose your job if you sail through here speeding'. I don't give a rats-ass if it makes me all allmighty. Its just people need to understand that they share the road with many other people. If she keeps her licence its own a matter of time isn't it? Some people have speed engrained into them and nothing will slow them down. A ban might give her a better job that doesnt rely on driving.

Lack of awareness + speed + a job thats on the road = bad things.

Sorry wrong forum. Pistonheads will offer you impartial advice as a fair few of them are cycling-haters (sad but true).

I thought the OP's query was about trying to avoid points/fine/ban based on the late arrival of the NIP, from the way I read it there was no question about guilt?
I presumed that had this late NIP not taken the points to 12 then OP's wife would have taken the FP?

Nice Weasel clubber 😉

I liked it too. Looked pleasantly startled…

I take it back – I quite like the look of that weasel.

See. One weasel and what was a potential conflict flashpoint in the thread is converted to peace and harmony.

As you were…

The weasel of peace!

I love you Clubber

I know 😉

🙂

Only w*nkers like mboy above shirk their responsibility by trying to get off things they know they have done. I'm sure your wife is not a w*nker!

Eh? I've not shirked anything… I got done for speeding once, 9 and a bit years ago, took the 3 points and the fine on the chin. I just stated what I know a couple of people to have done in the past, exploiting a legal loophole. I've not done it, nor do I need to, but for someone who might need to, it's worth investigating no?

Mmm.. mboy seems to be advocating people trying to evade their responsibilities..?

Read it how you want, I was trying to be helpful… There is currently still a legal loophole around the need to provide evidence of who was driving the vehicle at the time, so I understand. Surely you're not advocating that you think it's better that Bushwacked's wife loses her job?

No I have close scares at least once a week with people who look straight through me or actually don't seem me until I've shouted at them.

Yup, I get that quite a bit when I'm on my bike too. There's plenty of shit drivers out there, and more often than not, they're going too slowly not too quickly! I've been knocked off my bike before by someone who clearly just couldn't see past the end of his nose, wouldn't have made much difference had he been going twice the speed (except maybe he'd have missed me as it happens!).

It worries me that someone can rack up points when cameras are clearly signed before you get to them and if you see them they are bright yellow. Ontop of that the OP's partner is speeding.

Fair comment, they aren't exactly conspicuous. Sometimes peoples concentration can wane though, you might get distracted. I bet if we took everyone from this thread on an extended drive, and monitored their ability to spot everything on the drive and react accordingly, everyone would miss a few things. It is fact that humans make errors, and even those who are most used to doing certain tasks will only get them right 95% of the time on the whole (there are all sorts of studies been done into this BTW guys!). Obviously the key is that the 5% mistakes we make are hopefully in a non critical area. I consider myself a reasonable driver, but I still make mistakes. I entered a corner on an unfamiliar road on Saturday evening, in the wet, probably about 5mph too fast (I was doing 45mph in a 60 limit, just goes to show that speed limits mean cock all quite frankly!) and the rear tyres of the car broke traction briefly and I had to correct with a little bit of opposite lock.

Yes getting caught 4 times in a short space of time is perhaps careless, but how many times do you drive over the speed limit each day? I bet that most people on here, who consider themselves "good law abiding citizens" will regularly break the speed limit, even if only by a few mph. I've done it, we all do it. I also know of people unlucky enough to have got a speeding ticket for doing 31mph in a 30mph zone, so so much for the 10% over rule… And I'd bet we've all done 31mph in a 30 zone plenty of times, without realising.

If I wasn't a cyclist I'd follow alot of Pistonheaders views 'aww mate they are generating income and victimising the public' whereas when you have close-calls it REALLY DOES change your perception on drivers awareness, ability and speed.

No, they just took LOTS of decent coppers off the road. You know, the policeman, a person that has the ability to use his judgement as to whether or not something was indeed safe or not. A speed camera only detects excessive speed, a policeman can detect all sorts of things, including drunken driving, drug induced driving, driving without due care and attention, and all sorts of other things that speed cameras cannot detect!

Close calls that I've had (including being hit) don't make me question people's ability to deal with speed, they make me question the majority of people's ability to drive… FULL STOP! The only way to improve this in the future is to make the driving test much stricter, and require many more skills to pass, with regular retest intervals. But that won't happen anytime soon.

Soon cameras will disappear which is sad in a way. Normal people have the ability to spot them. they carry our a valuable function of removing the elderly and visually impaired.

Crock of sh*t. The only sad thing is that the £20k plus that each one cost in the first place (plus annual running expenses) wasn't used more constructively, perhaps putting more plod on the road… Having been pulled over twice in the last year (once my brake light had failed, that day ironically, the other time just a random check), I'm grateful of the service that the traffic police provide. Each time they were polite and courteous, took their time to examine that my car was safe and roadworthy, that it was insured, that I was legal to drive, and then let me get on my way… I didn't feel victimised in the slightest! Can a speed camera check that I've got a license, I'm insured, I'm not drunk, that the car has an MOT, is safe to drive etc?

Think you lot really need to stop reading the Daily Mail, see that actually there is often 2 sides to every story. It's not like Bushwacked's wife has conciously been putting points on a Dead person's license, unlike the woman that recently got prosecuted for doing so, is it!

Quick! We need another weasel!!!

Look into my eyes…