Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 11 of 11

Thread: Speeding Ticket

  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Pab10 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    50

    Default Speeding Ticket

    Hi,
    I received a speeding ticketicon through the post because apparently i was photographed doing 36mph in a 30.
    I responded to them immediately admitting I was the driver, some weeks passed and I received a proposal from the council saying if i booked on a £70 driving course my details would not be passed to the police.
    Because I am unemployed (through disability) I couldn't afford the £70, plus this is my first ever speeding ticket after more than 20 years driving, so i declined.
    Today I have received a notice from the police called a Conditional Offer of a Fixed Penalty.

    Has anyone got any advice for me on how to respond, because I feel this is a bit OTT.
    Many thanks.

    Similar Threads:

  2. #2
    Site Team Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    I am in
    the computer room.
    Posts
    9,330

    Default Re: Speeding Ticket

    You will have the choice of turning down the conditional offer and appearing in court.
    If you feel the courts will be more forgiving then go that way, but be aware the court can (and probably will), make you pay a higher penalty if it goes against you.

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
    _________________________ ___________________


    The Consumer Action Group needs help to cover its expenses.
    You could help by making a money contribution to-
    to http://www.consumeractiongroup.c o.uk/paypal.php?go=donate

  3. #3
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    5,029

    Default Re: Speeding Ticket

    Quote Originally Posted by Conniff View Post
    You will have the choice of turning down the conditional offer and appearing in court.
    If you feel the courts will be more forgiving then go that way, but be aware the court can (and probably will), make you pay a higher penalty if it goes against you.
    Plus costs and victim surcharge


  4. #4
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    5,029

    Default Re: Speeding Ticket

    Quote Originally Posted by Pab10 View Post
    Hi,
    I received a speeding ticketicon through the post because apparently i was photographed doing 36mph in a 30.
    I responded to them immediately admitting I was the driver, some weeks passed and I received a proposal from the council saying if i booked on a £70 driving course my details would not be passed to the police.
    Sorry, but this bit doesn't ring true.

    You would get an offer of a speed awareness course (or like name) from the Safety Camera Partnership (SCP) of which the Police are one partner. The council may be a partner, but have no authority whatsoever to enforce speeding.

    If you have now received a COFP, this can only lawfully have been issued by a police officer (working for or on behalf of the partnership). Likewise, the NIP/S.172 request that you originally recieved is only valid if the reqiuest for driver ID is from or on behalf of the Chief Officer of Police


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Pab10 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    50

    Default Re: Speeding Ticket

    Thanks Conniff.

    Pat,
    Thanks also. Please forgive me if I sound a bit dim! This is the first time I've received a speeding ticketicon so this is all new to me.

    The letter offering me the national speed awareness course came from the county council's Planning & Transportation Department. In the letter is this sentence "If you do not wish to undertake this course I will be required to send your details back to the Safety Camera Enforcement Office for processing" I couldn't afford the £70, and tbh I am a very careful driver anyway (apart from this one time apparently).

    I can confirm that I have received the COFP. It is from a 'Designated Officer'.

    Is the NIP/S.172 request the original letter I received asking if I was the driver? If so unfortunately I cannot remember who it was from.

    Would it help if I scanned in what I have for you to look at (taking out personal details)?
    I can't afford the fine, and feel it's a bit steep considering it was only 36 in a 30 (although I am surprised at this because usually I am a very, very careful driver).

    Anyway, thank you again for your advice.


  6. #6
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    5,029

    Default Re: Speeding Ticket

    Pab10,

    I am of the opinion that you are left with no option but to pay the fine and get 3 points on your licence.

    They appear to have a cast iron case. To obtain a conviction for speeding requires two elements

    1) evidence that the vehicle was exceeding the speed limit, and
    2) evidence as to the identity of the driver.

    Item (1) is from the speed camera, unless you have certain evidence that this is wrong or then camera is out of calibration, etc, there is no point in contesting this fact. IOW, can you reasonably contest the accuracy of the speed measurement?

    Item (2) has been given them by you when you completed the form admitting to be the driver and sending it back to them.

    Be aware that if you take this to court and lose, it is going to cost you significantly more than £60. If found guilty, you will be fined (probably more than the COPF as a general principle), contributionicon to prosecution costs (£35 - £45 is usual), victim surcharge (£15 - levied on all sentences in a Magistrates' Court involving a fine). Even if the fine remains at £60, you are looking at a total around £120+

    I know it seems unfair and arbitrary, but your measured speed was seemingly 20% above the prevailing limit (and 1 mph above the ACPO-recommended prosecution threshold).

    My advice is to pay up and move on. Sorry.


  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Pab10 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    50

    Default Re: Speeding Ticket

    Pat,

    Thank you for your explanations. I will pay them and move on, as you suggest.
    At least I fell a lot better now that you have kindly explained. Cheers.
    Best Wishes.


  8. #8
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    lamma Informative lamma Informative lamma Informative lamma Informative lamma Informative

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2008
    Posts
    6,869

    Default Re: Speeding Ticket

    visibility of the proposal from the council - suitably washed of personal detail - may help. It does sound very weird (the council offering a SAC) but may just be an interpretation issue.


  9. #9
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    crem Highly informative crem Highly informative crem Highly informative crem Highly informative crem Highly informative crem Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    4,500

    Default Re: Speeding Ticket

    Like it or not accepting the SAC is usually the best option on a first offence. The cost of the course is usually around about the same as the fine anyway, but you avoid receiving the 3 points on your license.

    Too late now for Pab10 to change his mind, but maybe someone else considering an offer in a similar situation now may think carefully before rejecting it.


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Pab10 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    50

    Default Re: Speeding Ticket

    Hi All,

    I thought I'd update this thread to say that I have paid the fine & the 3 points have been put on my licence.
    Does anyone know if I need to inform my insurance providers? Thanks.


  11. #11
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    5,029

    Default Re: Speeding Ticket

    Quote Originally Posted by Pab10 View Post
    Hi All,

    I thought I'd update this thread to say that I have paid the fine & the 3 points have been put on my licence.
    Does anyone know if I need to inform my insurance providers? Thanks.
    Yes, you do. These days, three points for speeding (SP30) shouldn't make any difference to the premium



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE