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Old Jun 20, 2010 | 04:41 PM
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Default speeding (alleged)

Just received a NIP within the 14 day period alleging 49mph in a 30mph, was from a motorbike mobile camera.. not sure which type that may be..

I think i am screwed here.. is there any point contesting or asking for calibration details? and would you have to first plead not guilty before this would be provided?

Any mitigation tips would be good
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Old Jun 20, 2010 | 04:42 PM
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Ask for a photo, I have had 3 NIPS sent back asking for photos and thats the last I heard.
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Old Jun 20, 2010 | 04:44 PM
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Bend over and take it. You also need to keep your fingers crossed for an offer of 3 points and £60, 49 in a 30 is 63% OVER the limit, so if it DOES go to court, it'll be at LEAST four points and a bigger fine

Sorry.
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Old Jun 20, 2010 | 04:49 PM
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****.. i have just realised that on the date i was flashed my mot was expired it hasnt been noticed so far.. will an mot cert have to be provided at any point?
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Old Jun 20, 2010 | 05:01 PM
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just pay it , and hope for the best !!!
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Old Jun 20, 2010 | 05:07 PM
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there's no option to pay anything.. its a notice of intended prosecution
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Old Jun 20, 2010 | 05:07 PM
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Originally Posted by imprezabob
****.. i have just realised that on the date i was flashed my mot was expired it hasnt been noticed so far.. will an mot cert have to be provided at any point?
Well i wouldn't contest it that's for sure
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Old Jun 20, 2010 | 05:14 PM
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So, let's have a look.

Speeding AND no MOT?

You need to sort yourself out.
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Old Jun 20, 2010 | 05:23 PM
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ring them and ask , but dont mention mot .....

and you better get it mot'd
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Old Jun 20, 2010 | 05:28 PM
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Originally Posted by imprezabob
****.. i have just realised that on the date i was flashed my mot was expired it hasnt been noticed so far.. will an mot cert have to be provided at any point?
No.

No MOT is a non-endorsable £60 fine, so even if it did come out youve little to worry about. Get the car tested and forget about that part.
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Old Jun 20, 2010 | 05:51 PM
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This site's good.
http://www.pepipoo.com/

That said, your probably still fcucked.
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Old Jun 20, 2010 | 06:01 PM
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Not trying to sound like I'm perfect or anything but I'm pretty sure most people make sure they have their car MOT'd when driving it

Just from reading about doing 49 in a 30 (alleged) and having no MOT, you can understand how you would come across.

Why wasn't the car MOT'd mate?
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Old Jun 20, 2010 | 06:08 PM
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Originally Posted by imprezabob
Just received a NIP within the 14 day period alleging 49mph in a 30mph, was from a motorbike mobile camera.. not sure which type that may be..

I think i am screwed here.. is there any point contesting or asking for calibration details?
Are you asking because you want to get away with it or because you honestly don't believe you were speeding? If it's the former (as I suspect) then;

Originally Posted by alcazar
Bend over and take it.
This.
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Old Jun 20, 2010 | 10:58 PM
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49 in a 30 isn't summons, 50 in a 30 is. Trust me lol, been there when I was young and stupid, caught doing 47 in a 30 by a laser gun bloke hiding in someone's driveway! *cough* money making scum *cough*, I knew I was speeding, (was a country lane before anyone comments on that), so took it on the chin, but copper said, 3 more mph and I'd have to go infront of a judge.

Think its along the lines of:

30 (50+ for summons)
40 (60+ for summons)
50 (70+ for summons)
Nat. Limit. aka 70 (96+ for summons - commonly thought to be 100 but reliable source found out its infact 96.)

(Following from an episode of "traffic cops/road wars" on TV) Police bike would be a copper, on a bike (obv) at the end of a straight or pre measured length of road, and a stop start button on his bike, first click when you pass the start point, second when you hit the final point. ANPR on the bike captures your plate and speed is attached to the ANPR read. Points of argument are its based upon the reaction and judgment of the specific copper, and there is NO physical proof.

Hope this helps
Laza
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Old Jun 20, 2010 | 11:10 PM
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Ask for a picture, is anyone else insured to drive the car. If they cant prove its you, happy days :-)
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Old Jun 20, 2010 | 11:24 PM
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Buy yourself "Martin Thwaites drivers survival handbook" an invaluble read from an ex head traffic officer who tells you every loop hole and everything to say when pulled.

Best £20 i have ever spent, been pulled over god knows how many times and had letters through from gatsos and i still have a clean liscence. Dont let the scum bags get a penny out of you there just tax collectors in disguise.

Buy the book and learn what to say and do.
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Old Jun 21, 2010 | 12:49 AM
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Originally Posted by prestigesec
Buy yourself "Martin Thwaites drivers survival handbook" an invaluble read from an ex head traffic officer who tells you every loop hole and everything to say when pulled.

Best £20 i have ever spent, been pulled over god knows how many times and had letters through from gatsos and i still have a clean liscence. Dont let the scum bags get a penny out of you there just tax collectors in disguise.

Buy the book and learn what to say and do.
group buy?

you could say you were speeding coz you were late for your MOT test


Originally Posted by chocolate_o_brian
Not trying to sound like I'm perfect or anything but I'm pretty sure most people make sure they have their car MOT'd when driving it

Just from reading about doing 49 in a 30 (alleged) and having no MOT, you can understand how you would come across.

Why wasn't the car MOT'd mate?
this is something that is easily overlooked (done it myself) DVLA send you a nice reminder when your tax is due, your insurance company sends you paperwork in advance of your insurance running out, so why cant the DVLA send you a MOT reminder?
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Old Jun 21, 2010 | 07:46 AM
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cheers guys.. as per steves comments it was a stupid but honest mistake, car still reg to previous address (haha.. another potential fine)

Whether i was speeding or not is not the point i am trying to make.. i just want to know that at 49 in a 30 is there any point contesting?? ie. it is more than a few miles over??

I will also query Laserdudes comments as i have also read this.. should have been a penalty notice..

Also.. if it was someone else driving.. they wouldnt technically have to be on my insurance would they?
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Old Jun 21, 2010 | 09:30 AM
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Originally Posted by imprezabob
Whether i was speeding or not is not the point i am trying to make.. i just want to know that at 49 in a 30 is there any point contesting?? ie. it is more than a few miles over??
I still say not, having been there, bought the t-shirt and paid the extra fine, the costs, and had an extra point. An expensive lesson. Admit it and hope for 3 points and £60, is still my advice.

Originally Posted by imprezabob
I will also query Laserdudes comments as i have also read this.. should have been a penalty notice..
No, it's a NIP first, then, when you admit it, it's a penalty notice if you are within the guidelines.

Originally Posted by imprezabob
Also.. if it was someone else driving.. they wouldnt technically have to be on my insurance would they?
Not technically, but it's STILL up to you to say WHO was driving. Don't fall for the old, "If I don't tell them they'll drop it," bullsh*t, they won't, they'll charge you with failure to disclose which carries an AUTOMATIC SIX POINTS and a fine of up to £1000 dependent on your income

They would certainly go this way unless you can show that the car is regularly driven by anybody and everybody, and even then, YOU are supposed to keep a record.

Drop the idea of getting away with it, you'll end up worse off, trust me
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Old Jun 21, 2010 | 10:05 AM
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Originally Posted by imprezabob
cheers guys.. as per steves comments it was a stupid but honest mistake, car still reg to previous address
Im going to say sorry first as you are a ****(edited for maners) your car is not registered correctly(which then questions is your insurance valid???), you were caught speeding, and on top of that your car could be dangerous/unsafe (point of MOT) what would you be saying if you were involved in an accident???
going on about contesting 3 points+ £60 fine if stupidity/negligence was endorsable you should be banned!!!!
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Old Jun 21, 2010 | 10:43 AM
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Originally Posted by alcazar
Not technically, but it's STILL up to you to say WHO was driving. Don't fall for the old, "If I don't tell them they'll drop it," bullsh*t, they won't, they'll charge you with failure to disclose which carries an AUTOMATIC SIX POINTS and a fine of up to £1000 dependent on your income
i do know of someone though that asked for photographic evidence, none was provided. he then contested purely on the grounds that the car was not stolen at the time and was in regular use by both himself and his father. the place the alleged offence was made was a regular route used by them both and although they were admitting to the possibility that either one of them committed the offence, without the photographic evidence they were not able to "own up honestly". remember as per your NIP, it is an offence to claim someone else was driving your vehicle at the time of the offence!, this was dropped.
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Old Jun 21, 2010 | 10:51 AM
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A lot of forces now, I know Thames Valley have been have got results already, are now prosecuting in most contested cases whereby its obvious the driver is lying. For example if a wife takes points for the husband the will charge both.
If you say you dont know who was driving, failure to disclose.
If you say it was a mate then charge under Use, cause, permit laws
If you say he took it without you knowing then you have to report a theft or the mate gets nicked TWOC

Basically pretty much all loopholes are being closed, People think the Police are stupid and they will accept any old excuse, truth is they know when people are trying to dodge a fine and its just taken time to close the loopholes.

Best advise would be take the points, Hope you dont get a producer for you documents (although as it was a moving traffic violation I think you will) If you have to drive fast, for whatever reason, invest in a radar detector or, and I know it sounds rude although I dont mean it to be, Dont speed.... Save it for track days.

Last edited by Timwinner; Jun 21, 2010 at 10:53 AM.
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Old Jun 21, 2010 | 11:07 AM
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Originally Posted by Timwinner
A lot of forces now, I know Thames Valley have been have got results already, are now prosecuting in most contested cases whereby its obvious the driver is lying. For example if a wife takes points for the husband the will charge both.
If you say you dont know who was driving, failure to disclose.
If you say it was a mate then charge under Use, cause, permit laws
If you say he took it without you knowing then you have to report a theft or the mate gets nicked TWOC

Basically pretty much all loopholes are being closed, People think the Police are stupid and they will accept any old excuse, truth is they know when people are trying to dodge a fine and its just taken time to close the loopholes.

Best advise would be take the points, Hope you dont get a producer for you documents (although as it was a moving traffic violation I think you will) If you have to drive fast, for whatever reason, invest in a radar detector or, and I know it sounds rude although I dont mean it to be, Dont speed.... Save it for track days.
which would you recommend then? i have been led to believe these are not fool proof either.
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Old Jun 21, 2010 | 11:17 AM
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as its a nip they will ask for all docs mate so u will be screwed, and as for court and limits ,

if ure 20mph over the limit of the road then its court 99% of the time.

the other 1% being rich footballers who gets let of with the usual £60 fine and 3 points doing 104 on motorways
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Old Jun 21, 2010 | 12:15 PM
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Originally Posted by my06 ppp silver
which would you recommend then? i have been led to believe these are not fool proof either.
I have worked in law for many years now, I would 100% advise you (call this a freebie) to go to court and disclose what you are asked to disclose, for instance
Q: Was it you driving
A: Yes
Q: how do you plea
A: Guilty

leave it at that, DO NOT offer any other information, DO NOT disclose anything else.
Take the points

If there is any mitigation then present that to the court, if the roads were empty, clear, dry, family emergency etc etc.
When you get to court ask to see the duty brief, He/She will be in a room in the waiting area, get them to act on your behalf, make them aware of the situation and tell them you are prepared to plea on the speeding but would not want to disclose anything else.

I would expect the Police will issue an HORT1 (docs check) but if they dont then its not up to you to tell them.
Have a good look over your insurance and see if they have an MOT as a requirement of insurance (not all do)
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Old Jun 21, 2010 | 02:49 PM
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I think we all from time to time feel victimised by the police, goverment etc as motorists but sometimes we just got to bite the bullet.

As said above, plead guilty take the points and move on. Particularly if you were in fact doing 49mph.

Some areas of policing need to change IMHO but cant blame the individual police officers as they are doing what they are told.

I'm hoping that now we have a new government, policing procedures and priorites may change so that 'stop and ask questions' becomes the norm when breaking laws instead of sitting behind a camera and posting a fine etc.
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Old Jun 21, 2010 | 02:59 PM
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Originally Posted by prestigesec
Buy yourself "Martin Thwaites drivers survival handbook" an invaluble read from an ex head traffic officer who tells you every loop hole and everything to say when pulled.

Best £20 i have ever spent, been pulled over god knows how many times and had letters through from gatsos and i still have a clean liscence. Dont let the scum bags get a penny out of you there just tax collectors in disguise.

Buy the book and learn what to say and do.
I wonder what people who speed and read the book and got away with it, have up their sleeve if they kill or injure someone? That's not a Tax grab!
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Old Jun 21, 2010 | 07:35 PM
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cheers for the advice.. hopefully this will come in handy for others also.. just gonna have to bite the bullet i guess..
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Old Jun 21, 2010 | 07:44 PM
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Originally Posted by sy.
Im going to say sorry first as you are a ****(edited for maners) your car is not registered correctly(which then questions is your insurance valid???), you were caught speeding, and on top of that your car could be dangerous/unsafe (point of MOT) what would you be saying if you were involved in an accident???
going on about contesting 3 points+ £60 fine if stupidity/negligence was endorsable you should be banned!!!!
What a great responce.... you sir are a ****
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Old Jun 21, 2010 | 07:50 PM
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Originally Posted by Anger
What a great responce.... you sir are a ****
????????? purely my opinion
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