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Man in the middle

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Man in the middle last won the day on February 20

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  1. Yes you can ask for the matter to be transferred and they should readily agree provided you intend pleading guilty. Though with the usual two offences charged I imagine you'll be wanting to do a "deal" (to get the FtF dropped if you plead guilty to speeding). you can ask for an adjournment but provide some evidence of your work posting along with your request.
  2. It is the speeding matter which will cause you the most trouble. If you have been "flashed" a Notice of Intended Prosecution (NIP) and a request for you to provide driver's details will be sent to your old address. If you fail to respond to the request you will be prosecuted for failure to do so. A conviction for that offence carries a hefty fine, six points and an endorsement code that will see your insurance costs go through the roof for the next five years. You need to either get access to the post at your old address or contact the police in the area you believe you were flashed. How long ago do you believe you were flashed?
  3. Indeed. Just for future reference (hopefully never needed) if you are served with a S172 request (to provide driver's details) you must respond to it regardless of any issues you might have with the underlying offence. Even if you had visited the site and discovered the speeding charge was erroneous you would still have committed a S172 offence if you failed to respond. The two matters are entirely separate and a false or mistaken allegation to (say) speeding does not mean you need not provide the information as requested.
  4. Arrive early for your hearing and ask to see the prosecutor for your case. Tell him or her that you will offer to plead guilty to speeding if the FtF charge is dropped. It is a process undertaken routinely in courts across the country. In the very unlikely event that your offer is declined plead Not Guilty to both charges. The matter will be listed for trial and you can then decide your way forward. Do not under any circumstances plead guilty to speeding without the deal in place as you may end up with nine points. What were the circumstances that led to you not providing the driver's details? Depending on them you may be justified in asking the court to sentence you at the Fixed Penalty level (£100 and three points with no surcharge or costs). There is guidance enabling them to do so where the failure was not entirely attributable to you. The speed would have qualified for a course but the court cannot deal with the offence in that way. I'll provide the text of the guidance for you if you wish to use it so that you can mention it in court.
  5. No. Maybe because I've been driving for many years and know the difference between a tax and a fine or fixed penalty (or even a fee for a course if that is what the OP is offered and he accepts). But let's not allow the thread to degenerate into an unnecessary argument as it won't help the OP one little bit.
  6. The difficulty you face with that line of reasoning is that the presence of a system of street lighting (spaced at no more than 200 yards) bestows a default 30mph limit. Only if that default is to be modified are small "repeaters" necessary. In fact it is not permissible to install 30mph repeaters where there are streetlights and the default applies. Street lighting is an important part of speed limit provision. Case law has determined that the lights themselves provide notice of the limit (making the stretch a "restricted" road) and it is no defence if, say, one gap is 201 yards or if one or all of the lights are inoperable. Courts have also ruled that it does not matter if the terminal signs (which you contend are inadequate) are obscured by, say vegetation thus making your contention unlikely to cut the mustard. A simple rule for street lighting is that it denotes a 30mph limit unless you see repeaters to the contrary (you will not see repeaters showing 30). Where there is no street lighting the default is the National Speed Limit unless you see repeaters to the contrary. +1 (though I do not accept that the penalty is an "unofficial tax!).
  7. They are not trying to deal with it under UK law. They are processing the matter under French law. Like just about every other European country (bar the UK) Speeding offences in France become the liability of the vehicle's keeper. If you had no intention of visiting France again you could ignore the demand and be fairly sure it would not be pursued in the UK. However, in your position I would pay up because this is almost bound to catch up with you on one of your future visits.
  8. Yes it seems as if the National Speed Limit and end of roadworks signs are for the road to the left which is presumably a slip road off the dual carriageway. It is sited inside the Armco protecting that road. Was there similar signage on the left of that road (so making a matching pair either side of it?) Though it is not mandatory signs indicating changes to speed limits are usually provided in such pairs. Pairs of signs are particularly useful where parallel roads exist and the change only applies to one of them. If there was not a pair serving that slip road it may amount to a defence but I believe you would struggle and the cost of failure (vs the cost of the course) is high. You don't "appeal" this allegation (as you have not been convicted). You will have to decline the course and the fixed penalty option. You will then receive a Single Justice Procedure Notice (probably about six months after the event). You would respond to this by pleading Not Guilty and a full court hearing will be arranged. By then the cheaper options will have long sailed into the sunset and even if you change your mind and plead guilty you face a fine of half a week's net income (reduced by a third if you plead guilty), a surcharge of 10% of the fine (Minimum £30), £85 costs and three points. If you defend the matter and fail you obviously receive no reduction for a guilty plea and the costs rise to a minimum of £300 and possibly as high as £620 (depending how much work is required for the trial). You can see immediately that it makes the course or fixed penalty quite attractive..
  9. Firstly, there is no requirement to display camera warning signs. If you want to challenge the legality of the signs be prepared for an expensive day out in court. Many of the road signage regulations have been downgraded from mandatory to advisory (note the use of "should" rather than "must" in the notes you have provided). The Magistrates will be concerned with whether the signage sufficiently conveys the change of limit in time for the driver to adjust his speed. Slowing from 40mph to 30mph does not require a long distance and you may struggle to convince a Bench that the signs (as displayed in the photograph) were insufficient. If you were to defend the matter on the basis you suggest I believe you would fail. The cost of failure will be high. You will face an income related fine of half a week's net income (half a week's net income with obviously no discount for a guilty plea) but most crippling would be prosecution costs. These will be at least £300 and possibly as high as £620. And of course you will receive three penalty points. If it was me? I'd take the course. But you makes your choice a pays your money (or very hopefully, not!)
  10. Not only are they not the lawmakers, they don't exist any longer. The ACPO was replaced by the NPCC (National Police Chief's Council) in 2015. However, the NPCC has adopted the ACPO speeding guidelines. That said, the OP is not in a position to suggest anything. Whether or not to offer a course is entirely at the discretion of the police. But I'll stick my neck out and say the chances of a course being offered for 58 in a 30 - anywhere in England or Wales - are vanishingly small.
  11. Not a chance. The National Police Chiefs' Council's guidance for speed awareness courses is they should be offered up to 42mph in a 30 limit. Even accepting that North Wales don't necessarily comply with the guidance, 58 is too much of a stretch.
  12. Not much of a chance of that, I'm afraid. That speed is well into "a ban or six points" territory and unless there are compelling reasons to depart from the guidelines six points (most likely) or a ban is all but inevitable.
  13. They have six months to prosecute. Where 14 days comes in is that they have that time to serve the first "Notice of Intended Prosecution" (NIP) on the Registered Keeper at the address held by the DVLA. The notice is deemed served two working days after posting unless the contrary can be proved. If you are either (a) not the Registered Keeper or (b) you have changed your address or (c) have recently acquired the vehicle the NIP you have received is almost certainly not the first and the 14 day rule will not apply. There are no time constraints on second or subsequent NIPs. Late first NIPs are extremely rare (in fact the system used to produce them prevents them being sent late without manual intervention). Regardless of any issues with the NIP you must respond by naming yourself as the driver within the 28 days allowed. Failure to do so will see you face a "Failure to Provide Driver's Details" charge. If convicted this carries six points, a hefty fine and an endorsement code that insurers dislike. That speed is too fast for a course or a Fixed Penalty. It will dealt with by court proceedings and the first you will hear is when you receive a "Single Justice Procedure Notice". As I said, they have six months (from the date of the offence) to begin those proceedings and in many areas they take all of that. This means you may not hear anything until early September. The guideline penalty for speeds of 51 and above in a 30 limit (assuming you plead guilty) is a fine of a week's net income. You will also pay £85 in costs and a Victim Surcharge of 10% of the fine (Min £30, Max £170). It also carries either a ban of up to 56 days or six points. Six points is the most likely outcome but if the single justice believes a ban should be considered the matter will be adjourned to a full court hearing and you will be given the opportunity to attend (you cannot attend a Single Justice hearing).
  14. Indeed. But I would not mention it in court. It will do nothing to mitigate the offence and if you try to suggest it contributed to your offending the court may well take the view that you should consider whether you should be driving whilst taking the medication. There's no action they can take but it simply will not help your case in the slightest. Always best to keep things as simple as possible.
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