Fined - Thought 35mph in a 30 zone was OK?

[nffcwatto]

Hi people,

i have just received a fine for an offence doing 35mph in a 30..

 

...i didnt realise i had done this so was shocked!

 

can anyone advise if this is legit

as i thought it was 30+10%+2mph that you can get away with ?

 

Also they have offered a course but i think i did one 2 1/2 years ago,

 

can i still apply now they have offered it or would it be rejected later as its one every 3 years ?

[Guest]

yes, it may be legit.

the percentages you refer to may only be guidelines.

recorded 31-40 in a 30, cld end up with at least fine and 3 points.

how were you recorded; fixed camera, pol van, etc. have you had an NIP

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=35+in+a+30+zone&sa=Search+CAG#gsc.tab=0&gsc.q=35%20in%20a%2030%20zone&gsc.page=1

[nffcwatto]

yes, it may be legit.

the percentages you refer to may only be guidelines.

recorded 31-40 in a 30, cld end up with at least fine and 3 points.

how were you recorded; fixed camera, pol van, etc. have you had an NIP

 

 

yes received it a few days ago

[Guest]

the mags sentencing guide refers to 31-40, re the fine and points.

if you want to dispute, then cld try use those ACPO threshold guide. depending on the circs. but, it is 35 re a 30.

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_fixed_penalty_notices/#speed

[Sidewinder]

I seem to recall that Limit+10%+2mph is the trigger point, so at 35mph that is the lowest speed at which a ticket will be issued under the ACPO guidelines?

[nffcwatto]

can i check with someone also, the offence was on the 14/6/16 and my NID date is 8.7.16 . Should they have to advise within 14 days ?

[Raykay]

can i check with someone also, the offence was on the 14/6/16 and my NID date is 8.7.16 . Should they have to advise within 14 days ?

 

The 14 day limit (with a few exceptions) only applies to the first NIP to the registered keeper, there is no time limit for the service of subsequent NIPs.

[Ethel Street]

can anyone advise if this is legit

as i thought it was 30+10%+2mph that you can get away with ?

 

Those are the ACPO guidelines but are only advisory. ACPO guidelines don't change the law. The law permits penalty for anything above 30 mph. Individual police forces can decide to issue penalties at lower limits if they want to, at discretion of the Chief Constable. I've read somewhere that a couple of Police forces don't follow ACPO guidelines and have gone for 'zero tolerance'. Can't remember which ones. One might have been Devon + Cornwall.

[Guest]

as posted earlier eg #5, ie yes are guidelines. but, they can summons if less then 50 in a 30 if.....see the link #5 'a police officer has discretion to act outside of them providing he acts fairly, consistently and proportionately.'

[DreamEater]

In all the vehicles I have driven. The speedo showing 35 is more like 32/33, so to be pinched for 35, the speedo would be showing 38. So looks more like 40.

[Ethel Street]

as posted earlier eg #5, ie yes are guidelines. but, they can summons if less then 50 in a 30 if.....see the link #5 'a police officer has discretion to act outside of them providing he acts fairly, consistently and proportionately.'

 

 

Yes agreed Ford. I was making a slightly different point. ACPO guidelines (or maybe it's the CPS summary?) do say "Note that these are guidelines and that a police officer has discretion to act outside of them providing he acts fairly, consistently and proportionately" but that seems to have in mind decisions made on individual cases. My point was that in some police areas the Chief Constable, as a matter of enforcement policy in that police force, has decided that they will not follow ACPO guidelines but will apply some lower threshold, or even 'zero tolerance', across the whole police force area.

[Guest]