54mph in a 40mph motorway

[lee19921992]

Good evening, my dad received a speeding fine from South Yorkshire police for speeding, he was going 54 in a 40 due to a broken down post office van.

 

He completed the form and admitted he was driving  And sent  the form back to SYP hoping he would be eligible for a driver awareness course due to him having a full clean licence since 1980. 

 

My dad never heard anything untill a letter arrived asking him to send his licence for 3 points and to pay £100 fine or they will take him to court and it can be up to a £1000 fine.

 

I Sent a letter back to SYP in a short story saying my dad holds his hands up admits he's in the wrong but the points and fine seem abit harsh and why carnt he go on a DAC.

 

Today we received the attached letter.

Not sure why they state in the letter we have asked them to cancel this as we never have .

 

Any advice on this, SYP are being AH's

 

Thanks 

 

 

 

 

 

 

 

 

 

 

 

IMG_20210903_205753-converted.pdf

[unclebulgaria67]

Not sure it should be argued about further, as the choice is accept the points + £100 fine or argue about it at Magistrates and end up paying a higher amount, with the points still being added.

 

A DAC is not an option they are offering. There is no negotiation in this.

 

 

[lee19921992]

What's frustrating is the DAC is £90 approx, and explained he works as a HGV driver so he wouldn't like the points, just don't seem reasonable to me. I could understand if he had previous points

Edited September 3, 2021 by lee19921992

[FruitSalad1010]

The policy of whether to offer a DAC is a local decision for each regional police force, although the majority offer the course there are a few exceptions and the offence may have taken place in such a region.

There are also limits on when a DAC can be offered, these are easily searchable on the internet. It may be that the difference in speed was above this threshold.

[lee19921992]

He's going to let it go to court, he said he's tried to be reasonable but for some reason SYP have a gripe

[BazzaS]

ACPO has been replaced, but the speed enforcement guidelines remain…..

 

46 to 53 mph in a 40 would be considered for a DAC in many forces (services?). Most wouldn’t offer a DAC at 54 mph in a 40.

 

Good luck with arguing that he is an HGV driver so shouldn’t get points….

expect to hear “the temporary speed limit was applied for safety due to a broken down vehicle. A professional driver (like an HGV driver) should know to respect such temporary limits given they are imposed for safety around hazards.”

Him being an HGV driver can be seen as an exacerbating factor, not mitigation.

 

If SYP aren’t going outside the national guidelines, you have to wonder who is being unreasonable here!

[unclebulgaria67]

@lee19921992
Tell you Dad he is risking a far worse outcome going to Court.  Not sure how this would look to an employers, an HGV driver going to Court arguing about how their excess speeding only merits a DAC.

 

Why give this greater publicity than is required.

[dx100uk]

not worth court!!

[honeybee13]

One possible problem I can see is the bit about the broken down Post Office van. If the mags were to ask about this, would the answer help your father or not?

 

HB

[Man in the middle]

Certainly not a good idea to go anywhere near a court. Court's cannot order courses as a disposal at all, regardless of the speed.. If he is convicted in court he will face an income related fine, costs of £85 (assuming he pleads guilty), a Victim Surcharge of 10% of the fine (subject to a minimum of £34) and three points. As Bazza states, courses are only offered up to (Limit + 10% +9mph). After that it's a Fixed Penalty of £100 and 3 points and if you don't fancy that, off to court you go.