Got a notice of intended prosecution this morning (61mph in a 30mph zone) worried sick, what to do?
NIP she's got me in to trouble!
32 posts · Started by johnpav · 06 Sep 2011
Post 2 by troy,
#2Claim you were being chased by vicious chav rioters and in fear of your life.
Failing that, pay the man.
Failing that, pay the man.
Post 3 by samba,
#330 over the limit can lead to a ban, can't it??
Post 4 by tripoddave,
#4get a specialist solicitor.
Post 5 by johnpav,
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Post 6 by MrZ32,
#6so fight for just below 30 (we are talking 2mph or 3km/h) that you have to reduce the fine to... you will get there.... light at the end of the tunnel does not always need to be a train
But in all seriousness all you have to do is find 3km/h of variation and you are no longer banned... 'dont have to be the fastest to get away, only faster than the guy beside you' kind of thing
Over in Aus there are guys who have put together a book that shows all the legal loop holes and tricks (main one is deny profusely from the start, dont admit to anything otherwise you are done), there must be something similar over your way surely.
But in all seriousness all you have to do is find 3km/h of variation and you are no longer banned... 'dont have to be the fastest to get away, only faster than the guy beside you' kind of thing
Over in Aus there are guys who have put together a book that shows all the legal loop holes and tricks (main one is deny profusely from the start, dont admit to anything otherwise you are done), there must be something similar over your way surely.
Post 7 by RRR,
#7sorry that you potentially/probably in the sh#t , you just cant risk that sort of speed in a built up 30mph zone . had a crack with a mate who is an ARV driver in the local force , he suspects they will probs be gunning for you . good luck .
Post 8 by johnpav,
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Post 9 by bic_bicknell,
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Post 10 by Colonel_Klinck,
#10Bad luck mate on the NIPS. My advice, based on the last three times this has happened to me......is just ignore the letter. Maybe it's because I'm in London where the whole system is understaffed, under resourced and under delivering, but basically they are relying on the honest people to turn themselves in and admit that they were offending. Once you have done this they have got you - the law is on their side, you committed an offense and you will be forced to pay the penalty. But ignore the letter and it takes a whole load of administrative wheel turning to keep on reminding you and asking you to give yourself up. They just give up after a while. The first time it happened I thought it was a fluke but the second I realised I was onto something.
I'm not into shirking responsibility and flouting the law but I will not voluntarily pay 60 quid and have three points on my license for doing a few miles an hour over the limit at 6 in the morning on deserted streets. They are taking the piss.
I'm not into shirking responsibility and flouting the law but I will not voluntarily pay 60 quid and have three points on my license for doing a few miles an hour over the limit at 6 in the morning on deserted streets. They are taking the piss.
Post 11 by CEREC1,
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Post 12 by yorks phil,
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Post 13 by Exitman,
#13sell it on paper..... back date log book before the offence took place, with a 'name &address' fictional of course...
wait a bit then re-apply for log book ( small fee )
simples! ahem
wait a bit then re-apply for log book ( small fee )
simples! ahem
Post 14 by TLS_Russ,
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Post 15 by Stupid Luke,
#15Yep ignore until they knock on your door, most likely they wont, I have had 2 NIPs in the last 5 years which i ignored and heard nothing more about,
76mph in a 50 limit......... 50 limit on a dual carriageway with not a house or turning in sight........ whats that about?
The second one was real bullshit, 59mph in a 60 limit...... why..... the van was registered and taxed as a commercial not private, thats a real fooking joke,
I must drive 10mph slower if i am working for a living
Time is coming for a revolution gotta get me one of them Toyota pick up trucks with twin 50s on the back, should be some going cheap in Libya shortly, no useful police force and a pissed off army armed with sticks because of goverment cuts, cause they cant run the fooking country between them mm,mm I should be in power by next Wednesday i reckon
76mph in a 50 limit......... 50 limit on a dual carriageway with not a house or turning in sight........ whats that about?
The second one was real bullshit, 59mph in a 60 limit...... why..... the van was registered and taxed as a commercial not private, thats a real fooking joke,
I must drive 10mph slower if i am working for a living
Time is coming for a revolution gotta get me one of them Toyota pick up trucks with twin 50s on the back, should be some going cheap in Libya shortly, no useful police force and a pissed off army armed with sticks because of goverment cuts, cause they cant run the fooking country between them mm,mm I should be in power by next Wednesday i reckon
Post 16 by johnpav,
#16Only if Gadaffi doesnt get here first. That is why he is heading for the Libian border- he is coming over here to take over. Someone must have told him that we brits will put up with anything, grumble a bit and then go straight back to doing as we are told.
Post 17 by lobster,
#17Thanks guys, still not sure what to do. Very on my mind really don't want a ban as I need the car and any time off the bike will really piss me off!
Post 18 by snapper,
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Post 19 by Superdan,
#19Hello mate
I'd also recommend getting advice from a specialist solicitor.
I had a similar case of over twice the speed limit (and a wheelie) and the notice to prosecute actually stated that they intended to penalise 12pts and therefore a disqualification.
The solicitor managed to plea bargain. In simple terms, he said we would plead not guilty unless they reduced the speeding charge, which they were surprisingly happy to do. I got 5pts for 'riding without due care and attention' and £250 fine. I wouldn't have known that this could be done without the legal advice.
The solicitor cost £750 but it was worth it.
Good luck!
Snapper
I'd also recommend getting advice from a specialist solicitor.
I had a similar case of over twice the speed limit (and a wheelie) and the notice to prosecute actually stated that they intended to penalise 12pts and therefore a disqualification.
The solicitor managed to plea bargain. In simple terms, he said we would plead not guilty unless they reduced the speeding charge, which they were surprisingly happy to do. I got 5pts for 'riding without due care and attention' and £250 fine. I wouldn't have known that this could be done without the legal advice.
The solicitor cost £750 but it was worth it.
Good luck!
Snapper
Post 20 by KTM666,
#20Let us know how it goes, good luck.
Post 21 by scamb66,
#21Dan......is that your new signature
......well on the bright side he is wearing Orange
......well on the bright side he is wearing Orange
Post 22 by AGRO!,
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Post 23 by johnpav,
#23But really this is the perfect reason for some sort of number plate concealing stuff....
Post 24 by weeksy,
#24Ah a problem - Court letter - failing to provide rider details. Only one problem - they've sent it to my son - who has the same name as me but used his date of birth? WTF?
Post 25 by Colonel_Klinck,
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Post 26 by Superdan,
#26I watched a TV programme about a high priced traffic Lawyer Nick Freeman AKA Mr Loophole.
He was representing Katie Price, she failed to reply to either of the two NIP's and she eventually had to go to court for said offence, however Mr Freeman argued that the witness testomy from the person sending the letters out did not see the offence take place so as such it was "hearsay evidence" the court had not applied for hearsay evidence to be allowed in court so had to be thrown out. However she is not too bright and been banned a few times since for simlilar offences.
Also unless they can prove they sent the letter out within the specified 14 days for an NIP (of which they would need to prove beyond a resonable doubt), your not obligated to complete it as the Prosecuters have not fulfilled there obligation of sending it out with in the specified period.
Just what I saw on TV anyway
He was representing Katie Price, she failed to reply to either of the two NIP's and she eventually had to go to court for said offence, however Mr Freeman argued that the witness testomy from the person sending the letters out did not see the offence take place so as such it was "hearsay evidence" the court had not applied for hearsay evidence to be allowed in court so had to be thrown out. However she is not too bright and been banned a few times since for simlilar offences.
Also unless they can prove they sent the letter out within the specified 14 days for an NIP (of which they would need to prove beyond a resonable doubt), your not obligated to complete it as the Prosecuters have not fulfilled there obligation of sending it out with in the specified period.
Just what I saw on TV anyway
Post 27 by TimR,
#27Wouldn't the DoB thing constitute a technicality? If so wouldn't the case be dropped?
Have you tired speaking to a specialist solicitor - White Dalton were always supposed to be good - I'm sure you could get a pointer from them just over the phone.
Good luck
Have you tired speaking to a specialist solicitor - White Dalton were always supposed to be good - I'm sure you could get a pointer from them just over the phone.
Good luck
Post 28 by TimR,
#28Incidentally, how old is your son?
Post 29 by johnpav,
#29He's 28 - never touched a bike never had a licence so total cock up their end don't you think?
Post 30 by Superdan,
#30Yes its a cock up, BUT a V5 is just a keeper document not the owner/user.
You have some options.
Send your son to court with his driving licence and say he has never owned the bike and keep schtum about his father who owns the bike.
Send your son to court and say his Dad has the same name and its not him, (see if they ajourn it for you, or throw it out).
Dont do nothing or your son will get arrested for a fail to appear warrant as they believe its your son who was the driver (would have done a driving licence check on your address and presumed).
You have some options.
Send your son to court with his driving licence and say he has never owned the bike and keep schtum about his father who owns the bike.
Send your son to court and say his Dad has the same name and its not him, (see if they ajourn it for you, or throw it out).
Dont do nothing or your son will get arrested for a fail to appear warrant as they believe its your son who was the driver (would have done a driving licence check on your address and presumed).
Post 31 by Colonel_Klinck,
#31I would get him to attend court and stand up and say exactly all that. Can see u getting off this one on a technicality.
Post 32 by Superdan,
#32They are just some options open to you.
If the you did the above and they decided to re ajourn the court and summons you, you will get absolutely bummed, Magistrates time is important and they dont like having there time wasted, you have took a BIG risk.
Personally I think you should have taken the points at the start you may not have been banned, after all going 60 in a 30 is pretty fast (obviously I dont know circumstances), always stick to 30's 40's 50's anything else is fair game.
If the you did the above and they decided to re ajourn the court and summons you, you will get absolutely bummed, Magistrates time is important and they dont like having there time wasted, you have took a BIG risk.
Personally I think you should have taken the points at the start you may not have been banned, after all going 60 in a 30 is pretty fast (obviously I dont know circumstances), always stick to 30's 40's 50's anything else is fair game.
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