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    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Speeding Info


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Does anyone know the allowances on top of the speed limit before a ticket is issued?

 

I know that it varies from force to force, but they all have an allowance.

 

Its something like % of the speed limit plus 3mph or sommat?

 

This is for Lancashire btw.

 

Cheers :D

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Dammit, they got me at 36mph :( but i am pretty damned sure i wasnt speeding cos on that particular trip i had the grand children in the car and am very careful when they are in!

 

I know this as its the only time i have been to where the pic was taken.

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Is this your first offence?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Its me first speeding offence, but i have points on me license for no insurance (car was being transferred from front of the drive to the rear of the drive but had to go on the road for 3 mins while i removed the vehicle at the rear of the drive :()

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Have you actuially been sent a NIP yet? What makes you think they got you? If you went passed a camera van at 36mph, you may well get away with it as your own speedo reads high anyway. At 36mph on your speedo, you are probably doing between 31 and 34mph. It is not usually in their interest to go after anyone doing less than 35mph actual speed.

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They would generally prosecute at 35mph in a 30 zone using teh 10% + 2 maths, although I have known people to be prosecuted at lower speeds within Sunderland using the Road Safety Partnership cash machine, oops I mean safety camera van.

 

If the actual NIP states 36mph, then it is most likely your speedo was reading 38 - 40mph so you should certainly have been aware you were above the 30 limit by then.

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I am just looking at all avenues of defence before it goes to a court - i.e. accepting i was the driver (which i will do) and finding fault with what they have done before having to go to court and give my defence through there.

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As lamma points out, the guidance figure is just that, guidance. Speeding is an absolute offence and you could not argue as your defence that they prosecuted you below the "guidance figure" when you were in fact only doing 34mph! 34mph is still above the limit and therefore the prosecution case would be complete.

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Yeah, was just trying to nip it in the bud before it goes to court, as the magistrate is less likely to believe me when i tell them i was only doing 30mph against someone who works for the police :(

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the police will have admissable evidence, you wil only have your opinion. just how were you intending to nip it in the bud ?

Not necessarily - there have been many occasions where the "evidence" is flawed and the case falls apart in Court, or gets dropped before it gets that far.

 

You should write to the SCP, requesting a copy of their photo, "to assist with driver identification" - don't mention words like evidence or proof at this stage, and don't forget the 28 day clock to respond to the NIP is running, irrespective of whether they send you any photos.

 

If you get a photo, scan it and remove any identifying numbers, and post on the pepipoo speeding forum - we can then tell you if it's worth challenging the ticket.

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