Safe Speed Forums

Hello ppl,
I wonder if any one could help me? today i received a letter titled " Notice Of Intended Prosecution" informing whilst travelling on the A40 at the Ruislip junction i was driving at 77mph through a 50mph speed limit.
I have filled in the form and returned it today and now want to know what happens next? This is my 1st offence in my 17yrs of driving so not too clued up on the procedures.
Thanks, Tom.

If you have returned the NIP stating that you were driving at the time then you will either be offered a Fixed Penalty Notice (£60 and 3 points) or you will be asked to attend court.

I believe this decision is based on the severity of the case, I.e how much over the limit you were (but sorry I don't know the threshold).

If you had a valid defence in law (they do exist) would you consider pursuing it? If so visit www.pepipoo.com and fill in their NIP wizard. If not it's a case of sit tight and hope they send you an FPN.

Cheers

Paul

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It is difficult to get a man to understand something when his job depends on not understanding it.

Upton Sinclair

Thanks for that info Paul...appreciate it!! lets hope i don't get anything worse than a FPN.

The threshold is 75mph for a 50mph limit, anything over is a summons.

Link

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Useless laws weaken necessary laws.

Oh. Ouch!

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It is difficult to get a man to understand something when his job depends on not understanding it.

Upton Sinclair

getting worried now.

I don’t know how or where you got caught but, it’s a shame you didn’t post before you sent off the NIP. It might have been worth looking into how you where caught. If you’ve got no points and it’s your first offence, you might get away with just more points and a bigger fine. You’ll be at the mercy of the judge. Good luck anyway.

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Useless laws weaken necessary laws.

Thanks Dixie...it was one of those mobile units on a bridge over looking the A40. What will be...will be i suppose.

It was probably an LTI 20.20, with a video camera. Posting a photo would confirm this. PePiPoo have an example on their site.

As you have accepted you were the driver, under the Data Protection Act you are entitled to have a copy of the video clip containing your car, before any court summons. However applying for this may raise your profile and not endear you to the authorities.

If you honestly believe you were not exceeding the speed limit, since the LTI 20.20 has been known to be wrong, it is quite possible that your speed could be checked from the video, since the lane dividing lines have prescribed intervals, hence provide a distance measure, and the video tape will show a time code, in seconds and a frame counter in fiftieths of a second. The overhead view should make the speed calculation from the video reasonable reliable.

It is probably not wise to attempt this defence unless you have cast iron evidence that you were not speeding, as the authorities will do absolutely anything rather than admit that the speed camera was in error. You would also need a solicitor and expert witness, since if you try to present such evidence yourself it will almost certainly be ruled as inadmissible.

Despite the claims for the accuracy of the speed cameras, they are often in error by at least several mph and if you could prove this, it might just get you to a less serious penalty, but consider the comments above.

If it is your first "offence", and if you are taken to court, you may prefer to profusely apologise for your indiscretion and use the experience to be better prepared for the next time.

I anticipate you would be likely to get six points, with fine and costs. A driving ban would seem to be a bit unreasonable, but it could depend on how grumpy the magistrate is.

Ask yourself how willing you are to fight this case, and if you have the considerable time, effort and money it could take.

Hopefully in future you will be more alert the next time you see a van beside, or above, the road, or someone in a high-vis jacket. They mostly tend to be just around a left-hand curve in the road, either on a bridge, or beside the road behind a sign or a bush, typically 400m to 500m away.

If you suspect you have been clocked from in front by a camera van, then if you can slow down, or even stop, before you get too close, before they are able to read your number plate from the video, which has limited resolution even with the telephoto lens, and if possible get behind a lorry, or large van, or take an available exit. They need to have continuous view of your vehicle between when they measure your speed and when they can get sufficient detail to read your number plate.

Hello, Tom - welcome to SS.

I'm very sorry to hear of your plight, and I wish you every success in minimising the punishment you receive for a mere speeding incident.

As for not endearing yourself to the authorities, these are not authorities that deserve much respect, so if you're able to stick it to them, do so by all means. You'll have to be guided by more expert advice than I can offer, but obviously you don't want to take too much risk of making things worse for yourself.

To my mind it's a scandal that experienced drivers with a good record - like yourself - should have to put up with this hogwash. Good luck.

Best wishes all,
Dave.

hi Dave...
thankyou for the warm welcome. i hope they do take into account my driving history...i travel along the A40 everyday and witness some crazy driving with excess speeds weaving in and out of cars to the extent i once have had to slam the brakes to avoid them... but i suppose the authorities dont care much about them but instead target the easy prey who travel in a straigt line concentrating where those F1 wannabies are going to appear from instead of concentrating on the speedo in front of us.

OK just an update... i received a "CONDITIONAL OFFER OF FIXED PENALTY" telling me it may be possible to deal with it by a fixed pen of £60 and 3 points. Lets hope that's the last of it as i don't like the wording "may be possible".

Nothing to add, except "hard luck" to the OP. Like most of the A40 in Greater London, the speed limit there is too low. It used to be 70mph, it still should be, and many people still treat it as such. If it had been then you wouldn't even have been sent a NIP for 77mph.

Shabby treatment. There shouldn't be any vans at all, but if we must have them, that is the last place where they ought to be deployed.

Just another person who's been alienated.

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Paul Smith: a legend.

"The freedom provided by the motor vehicle is not universally applauded, however: there are those who resent the loss of state control over individual choice that the car represents. Such people rarely admit their prejudices openly; instead, they make false or exaggerated claims about the adverse effects of road transport in order to justify calls for higher taxation or restrictions on mobility." (Conservative Way Forward: Stop The War Against Drivers)

A cautionary note:
The words "may be able" mean they can later withdraw thier "kind" offer and issue a court summons.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code

"may be possible" refers to the fact that they don't know how many points you have, if you have 9 or more then it is not possible.

If you send that form back then it will be processed identically to some poor sod done for 57 in a 50, they will check your licence for having less than 9 points, endorse it, pocket your 60 quid and send your licence back in the post.

It is now up to you whether to fight this in court (risking a much higher fine and more points) or just take the £60/3 points on the chin (and then buy a Road Angel)

Bloody con isn't it. The system is designed to make you not fight it.