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what is the points/ban/fee, for driving 55 in a 50zone? Within 2 months of a previous offense of 3 points, and £100?


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  • dx100uk changed the title to Police sent letter saying they have not received my licence in the post (they have)

Manxman's query is very relevant. You do not send your licence to a court in response to a Conditional Offer of a Fixed Penalty. It goes to the ticket office who made the offer. At that stage there has been no involvement with any court.

 

If your licence does not turn up you may face a problem.

It is unlikely that the ticket office will accept that because you have proof of posting and receipt, that they necessarily have seen your licence. If they don't, your £100 will be returned and the matter will be heard in court.

 

When it does get heard, you can ask the court to sentence you at the Fixed Penalty level (£100, three points and no costs). They have guidance suggesting they should do so in such circumstances. 

 

 

 

 

 

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18 minutes ago, Unknownfuture21 said:

Ok so, all good then? They received, its all on them now

 

No, that's not what I said. At present they are saying they have not got your licence. If they maintain that stance (that is, although you have proof of posting and receipt, they still say they have not got it) they will take court action and your £100 will be returned. If they do not find your licence they will not deal with the matter under the Fixed Penalty scheme. 

 

Best to speak to them, explain you have proof of receipt and ask them to look for your licence. But as I've said, if they insist they haven't got it, you may find yourself facing court action. 

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  • dx100uk changed the title to what is the points/ban/fee, for driving 55 in a 50zone? Within 2 months of a previous offense of 3 points, and £100?

Leaving aside the postal issues, etc., if you have seen action for 55mph in a 50 limit could you post a redacted document up here. Enforcement normally begins at 57mph and I (and many others here and elsewhere) would be interested to see where the national guidelines are not being applied (so  that we can advise others).

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  • 2 weeks later...
5 hours ago, dx100uk said:

I believe the festive period adds atleast one day poss 2 to time limits

No it doesn't. The law (Road Traffic Offenders' Act, s1) says that unless the driver was warned at the time of the offence, a Notice of Intended Prosecution must be served on either the Registered Keeper, or the driver, within 14 days of the offence (with the date of the offence being day zero). There are no allowances for weekends, public holidays, postal strikes or anything else.

 

The police enjoy the "presumption of service". A notice is presumed served provided it can be shown that it was posted so as to arrive in time "in the normal course of post". This is normally taken as two working days though will be longer when there are holidays. This means that to take advantage of that presumption the police must ensure the notice is posted earlier. 

 

If the notice does arrive late and the police can prove that it was posted so as to arrive in time, the burden shifts to the defendant to prove that it was delivered late. Proving a negative is notoriously difficult.

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33 minutes ago, dx100uk said:

 

a correct understatement if there ever was one..

 

dx

Indeed, but unfortunately that's the way it is. There is the interesting case of Gidden vs Chief Constable of Humberside which explores a number of issues surrounding this aspect of the law. It is quite an involved case. Mr Gidden was initially convicted in the Magistrates' Court and had an appeal to the Crown Court turned down. He took the matter to the High Court as a "case stated" and that court found in his favour. 

 

Mr Gidden had a NIP delivered on day 16 following being flashed by a camera. The delay in receipt was due to a postal strike.  He had sound evidence that the NIP was delivered late (from his postman). The prosecution initially challenged his contention that the NIP was delivered late and the Magistrates refused to hear the postman's evidence. But at the Crown Court the prosecution eventually conceded the late service. None of this is mentioned in the High Court judgement. Their decision was largely around whether the postal strike provided the police with a reason in law for the late NIP to comply with the RTOA and they further went on to determine whether the "presumption of service" was a rebuttable presumption or not. If you've got a spare 20 minutes, here's the High Court judgement:

 

 

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