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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Speeding ticket - 38MPH in a 20mph zone


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Hi there, I’m hoping someone can help.

 

I have just received an NIP for driving 38 in a 20 zone (very stupid mistake as I didn’t realize the speed had changed) what is the likely hood of getting an instant ban? I have a clean license and have been driving for 10 years. Could I just get points and a fine? Thanks in advance 

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The National Police Chiefs' Council's policy on speeding enforcement suggest that speeds of 35mph or above in a 20mph area should be dealt with by way of court action. All forces in England & Wales usually follow those guidelines so it is more than likely your matter will be dealt with under the "Singe Justice Procedure."

 

Magistrates' guidelines for that speed suggest a fine of a week's net income (reduced by a third if you plead guilty) together with either a ban of up to 28 days or 4 to 6 points. Points are far more likely. That band of seriousness covers 31 to 40mph so you can expect six points or, if you're lucky, five. You will also pay £85 prosecution costs and a "Victim Surcharge" of 10% of the fine (minimum £34).

 

The police have six months from the date of the offence to bring proceedings and in many areas take all of that so you may not hear anything until next May. The first notification you get will be a "Singe Justice Procedure Notice". You cannot attend a Single Justice hearing but you will not have to attend court unless either you particularly want to or the Single Justice is considering disqualification (Single Justices will not disqualify you without giving you an opportunity to attend a court hearing). In either of those circumstances the matter will be adjourned and listed for a normal court hearing.

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Thanks for your detailed response.

 

I just pray that they don’t give me a ban as I am a courier. Do you know how the courts consider whether to give the recommended points or a ban? Thank you 

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For offences where a ban or points are appropriate, provided the speed is not "excessive", points are the usual option provided there are no "aggravating circumstances" (such as driving an HGV, near a school, very bad weather, etc.). This is especially so where the driver has a clean licence. 

 

Your offence falls into the middle band (of three) of seriousness.

It is only the top band (speeds > 40 in a 20 limit, >100 in a 70 limit) where the "excessive" issue comes into play.

 

would be most surprised if you were banned for that offence and even if you were it would only be for a short period, say seven to fourteen days.

 

You can see the sentencing guidelines here:

 

Speeding (Revised 2017) – Sentencing (sentencingcouncil.org.uk)

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  • dx100uk changed the title to Speeding ticket - 38MPH in a 20mph zone
  • 3 weeks later...
1 hour ago, ukshane4life said:

let guess zone use to be 30mph but you still decided to speed idiot hope one day you knock someone down and get sent down

 

Sorry but this post is judgemental and unhelpful and not welcome on this forum.

 

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