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 Post subject: court
PostPosted: Fri May 06, 2011 21:14 
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Hi my daughters car was cought doing 36mph in a 30mph zone she cant be sure who was driving and has to go to court on may 20th. can anyone give me some advice


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 Post subject: Re: court
PostPosted: Fri May 06, 2011 23:26 
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:welcome: 042bingo

042bingo wrote:
Hi my daughters car was cought doing 36mph in a 30mph zone she cant be sure who was driving and has to go to court on may 20th. can anyone give me some advice

I am not a lawyer and cannot advise you.

In my opinion it is always best to seek proper legal advice. Some legal help can be located at http://www.pepipoo.com forums.
The Court will need to know that she has gone to the best effort possible to try and establish who may have been driving.
For example, was she at work at the time - can that be verified by her employer or any client that she may have been visiting.
Who else is insured to drive her car and how often do others drive it - can you prove and show these events, either by written statements or other evidence (perhaps others are listed as named drivers on her insurance).
Does she understand the process that the Court will go through - if not contact the Court Clerk some are very helpful.

You would be advised to ask for all the evidence that they have against her.
What device was used to prove the prosecution accusation?
If it is a 'camera van' you can obtain the whole video evidence and check all details such as operators certificates and equipment certificates. Then checking that the road signs are correct and that the road has the proper Road traffic Act speed limit Order. If that is incorrect then the road speed limit is 'broken' and therefore not valid in Law.

This may help to give you some idea of what you can consider.
If the Court feels that not enough effort or proof of others ability to drive, she may find that she will have a fine to pay but might not be awarded points but that is no guarantee.
You really need to talk this over with a good solicitor. If she doesn't have enough to obtain one, consult solicitors that offer assistance, and see what they recommend.
She needs to return the form - although with a Court case looming I image that this is too late now but check with the Court asap. Even returning it with a simple accompanying letter explaining can be sufficient to not fall foul of the S172 (not returning the form, signed.

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Safe Speed for Intelligent Road Safety through proper research, experience & guidance.


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 Post subject: Re: court
PostPosted: Sun May 08, 2011 17:34 
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thank you very much for your help


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 Post subject: Re: court
PostPosted: Sun May 08, 2011 22:00 
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Joined: Mon Mar 26, 2007 16:34
Posts: 4923
Location: Somewhere between a rock and a hard place
:welcome:

"Do you have a Pitman shorthand qualification?”

“Yes”

“Have you any work experience?”

“No, I don’t sorry”


Bottom line...

If you don’t give me the opportunity of a chance to prove myself and maybe screw-up and learn from the experience, I am never going to be what I might be good at if a door never opens for me or I am slapped down when I screw up for being a novice!


If me now, at 52 years old, met me at 19 years old, I’d boot me up the arse for being a complete and utter :censored: ! Actually, I find myself getting angry at drivers doing things in places that I used to do in a way which makes me feel a hypocrite if I'm honest.

But I have learnt a lot and think I’m a pretty good road user these days. My licence is in very good shape and my insurance company likes me although they penalise me to support bad drivers, but that's another thread perhaps...

Maybe the question is, or should be, how do I get to have the wisdom and sense I have at 52 years old at 19/20/21 years old???

I don’t have to worry about that so much now with my clean licence, no thanks to indiscriminate dumb speed enforcement, and maybe I am heading towards the other side of the 'bell curve' where I will have to consider when I am too old to drive and that will, currently, be a decision I have to make... :roll:

But if I were 19 today I don’t think I’d have a cat in hell chance TBH. I kinda feel sorry for today’s generation in that respect.

The problem I have with speed cameras and enforcement, and the message today’s generation are being brow-beaten into submission with, is that it is teaching, inculcating, the wrong message about road safety. i.e.: Your speed is all that matters.

I hope your daughter, if she really is a good driver, gets the chance to prove herself :wink:

take Care

tonY

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The views expressed in this post are personal opinions and do not necessarily represent the views of Safe Speed.
You will be branded a threat to society by going over a speed limit where it is safe to do so, and suffer the consequences of your actions in a way criminals do not, more so than someone who is a real threat to our society.


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 Post subject: Re: court
PostPosted: Mon May 09, 2011 11:21 
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042bingo wrote:
thank you very much for your help
You're welcome. Let us know how you get on.
I do have a few solicitor contacts if you are muddled as to who to go to. The Law society ought to provide you with 3 solicitor firms who specialise in a particular field, from any UK specified location at least!

(Big Tone - you are working (or is that worrying), too hard !
You're a good considerate driver, stop putting yourself down! :lol:)

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 Post subject: Re: court
PostPosted: Mon May 09, 2011 19:02 
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SafeSpeedv2 wrote:
(Big Tone - you are working (or is that worrying), too hard !
I'd say both at the mo but I can't see a way out - just yet.. :x :(

SafeSpeedv2 wrote:
You're a good considerate driver, stop putting yourself down! :lol:)
One tries ones best, although I did the same stupid thing pulling into a roundabout when someone was entering it from the right the other day. That's twice now, (you may remember the other time? :oops: ), and at the same bloomin' place and you know what? It's since I've had these new 'blinkered' specs; I’ve never done that before in my life!

I really need to get some proper Varifocals with skinny side doobries for good periferal, preripheral, all-round vision. It always seems to come down to money lately; I should have been a banker.

Let us know how she gets on will you 042bingo if you will? Good luck and best wishes for your daughter. I remember giving my daughter driving lessons once or twice. Word of advice to anyone who considers the same - DONT! Pay £100 or a £million for a driving instructor. :D

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The views expressed in this post are personal opinions and do not necessarily represent the views of Safe Speed.
You will be branded a threat to society by going over a speed limit where it is safe to do so, and suffer the consequences of your actions in a way criminals do not, more so than someone who is a real threat to our society.


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