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Notice of Intended Prosecution

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Musketeer
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PostPosted: 08:55 - 13 Jul 2011    Post subject: Notice of Intended Prosecution Reply with quote

I got one today for speeding (car). I don't know who was driving at the time, but as it was my car not my wife's it was probably me (I drive it 90% of time). I got caught on dual carriageway doing 49mph in 40 zone.. Not happy Thumbs Down

Looks like I will get my first points.
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P.
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PostPosted: 09:02 - 13 Jul 2011    Post subject: Reply with quote

LOL, you must know if it was you in the car.

I got busted in my mums car Laughing 65 in a 50... no worries, its only points and £60 Mr. Green
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Musketeer
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PostPosted: 09:12 - 13 Jul 2011    Post subject: Reply with quote

Eh.. money is tight at the moment Razz

They enclosed a FAQ in the letter and it says they may 'if circumstances permit' send me to Speed Awareness Course instead of giving me points (but they didn't clearly offer it to me). At this stage they want to identify the driver.

SAC is for those who exceed limit..
up to 42mph in 30 zone
up to 53mph in 40 zone (I fit in here lol)
up to 64mph in 50 zone
up to 75mph in 60 zone
up to 86mph in 70 zone

But it's pretty much I have to state that I was driving at the time and then up to them whether they offer me a SAC or not.

How many points will I get.. 3 or 6?


Oh and everything happened apparently here (roughly 2-3 miles from my house)...
https://maps.google.co.uk/maps?q=Weedon+Road&hl=en&ll=52.236,-0.952806&spn=0.020894,0.038581&t=h&z=15&layer=c&cbll=52.235981,-0.952938&panoid=KjCXBPVr0HVNstf4UclGKQ&cbp=12,90.66,,0,25.33

EDIT: I must add me and my wife have got 2 cars.. We call them my car and her car, but in fact we drive both.
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Pete.
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PostPosted: 09:16 - 13 Jul 2011    Post subject: Reply with quote

If money is tight take the points - the course costs more.
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Musketeer
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PostPosted: 09:26 - 13 Jul 2011    Post subject: Reply with quote

Pete. wrote:
If money is tight take the points - the course costs more.


Won't points affect my insurance premiums? Many vehicles to insure Mad

SAC cost £90.. penalty is £60 + 3 (or 6?) points.. I would go for SAC I think, 30 quid makes no big difference here.
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Pete.
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PostPosted: 09:32 - 13 Jul 2011    Post subject: Reply with quote

One fixed penalty won't affect premiums much - for many insurers not at all. I would always go for the SAC though, personally.
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banditjohn
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PostPosted: 09:34 - 13 Jul 2011    Post subject: Reply with quote

I'm no legal bod but I think you'll find that if you don't know who was driving and they can't prove who was(photo) then they can't do a lot about it. I remember reading about it somewhere and if I can recall where and find a copy I'll post it on here,I think it was in one of my old mags that vosa sends through to transport operators, if you have a look into the relevant laws I'm sure it will tell you. All you have to hope is that the photo is not of your head/face and you may be ok
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Musketeer
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PostPosted: 09:48 - 13 Jul 2011    Post subject: Reply with quote

I have 28 days to supply information required.. I will meditate on this Laughing I'm sure it was not the fixed camera (as there is none there).. It must have been one of those van cameras, and they are normally front facing which means I can get a nice photo of me (most likely) to frame it and stick on the wall Laughing

I wouldn't mind SAC as the points stay on the licence way too long imho

I just tried gocompare.com how much SP30 and 3 points would affect me.. Only for 1 car premium increase is 80 quid Thumbs Down
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P.
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PostPosted: 10:30 - 13 Jul 2011    Post subject: Reply with quote

ApriliaNutter wrote:
I just tried gocompare.com how much SP30 and 3 points would affect me.. Only for 1 car premium increase is 80 quid Thumbs Down

I haven't noticed much increase with points... on the Supra, the renewal was lowered by £50 Laughing
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mjn51
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PostPosted: 10:37 - 13 Jul 2011    Post subject: Reply with quote

did the NIP arrive within 14 days of the alleged offence ?
have you looked at https://www.pepipoo.com/

M.
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Musketeer
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PostPosted: 10:39 - 13 Jul 2011    Post subject: Reply with quote

##Paddy## wrote:
ApriliaNutter wrote:
I just tried gocompare.com how much SP30 and 3 points would affect me.. Only for 1 car premium increase is 80 quid Thumbs Down

I haven't noticed much increase with points... on the Supra, the renewal was lowered by £50 Laughing


It's Fully Comprehensive for slightly modified Astra 2.2 SRi.. I have 5 years NCD, but claim 3 years ago third party at fault (all settled and recovered) + 2nd driver's claim 4 years ago, she was at fault.. Without SP30 it gives me £570 premium quotes, with 3 points SP30 I get £650 quotes.


Last edited by Musketeer on 10:41 - 13 Jul 2011; edited 1 time in total
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yambabe
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PostPosted: 10:41 - 13 Jul 2011    Post subject: Reply with quote

1200k6 wrote:
I'm no legal bod but I think you'll find that if you don't know who was driving and they can't prove who was(photo) then they can't do a lot about it. I remember reading about it somewhere and if I can recall where and find a copy I'll post it on here,I think it was in one of my old mags that vosa sends through to transport operators, if you have a look into the relevant laws I'm sure it will tell you. All you have to hope is that the photo is not of your head/face and you may be ok


They changed the rules.

If you don't identify the driver now the points go to the registered keeper by default.
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Musketeer
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PostPosted: 10:42 - 13 Jul 2011    Post subject: Reply with quote

yambabe wrote:
1200k6 wrote:
I'm no legal bod but I think you'll find that if you don't know who was driving and they can't prove who was(photo) then they can't do a lot about it. I remember reading about it somewhere and if I can recall where and find a copy I'll post it on here,I think it was in one of my old mags that vosa sends through to transport operators, if you have a look into the relevant laws I'm sure it will tell you. All you have to hope is that the photo is not of your head/face and you may be ok


They changed the rules.

If you don't identify the driver now the points go to the registered keeper by default.


Which is me anyway Laughing
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stinkwheel
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PostPosted: 11:55 - 13 Jul 2011    Post subject: Reply with quote

yambabe wrote:
They changed the rules.

If you don't identify the driver now the points go to the registered keeper by default.


I think it's actually a seperate offence rather than the points from the speeding offence going to the keeper.

On checking, it's code: MS90 "Failure to give information as to identity of driver" which carries up to 6 points.
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Nexus Icon
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PostPosted: 12:33 - 13 Jul 2011    Post subject: Reply with quote

stinkwheel wrote:
yambabe wrote:
They changed the rules.

If you don't identify the driver now the points go to the registered keeper by default.


I think it's actually a seperate offence rather than the points from the speeding offence going to the keeper.

On checking, it's code: MS90 "Failure to give information as to identity of driver" which carries up to 6 points.


Indeed. The old loophole was to supply the details for two drivers who could lawfully have been in charge of the vehicle at the time of the offence, and claim to not remember which it was. Ask for the photograph to aid your identification and then wait for them to drop the case if one wasn't available. You couldn't be done for supplying more than one name at the time but I think they've closed that loophole now.
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calyx
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PostPosted: 14:43 - 13 Jul 2011    Post subject: Reply with quote

Can the driver be "your cousin from cyprus" ?
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stinkwheel
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PostPosted: 15:06 - 13 Jul 2011    Post subject: Reply with quote

calyx wrote:
Can the driver be "your cousin from cyprus" ?


Yes.

Their next question is "Was he insured to drive the vehicle and can you prove it?".

It's an offence to allow someone to use your vehicle uninsured.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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St0rmer66
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PostPosted: 16:01 - 13 Jul 2011    Post subject: Reply with quote

What can you actually use as real concrete proof that you don't know who was driving? If you told them that either your wife or yourself could possibly have been driving they will probably try and prosecute you for failing to identify the driver! Confused .
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Paulington
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PostPosted: 18:20 - 13 Jul 2011    Post subject: Reply with quote

I think it's incredible that if you cannot provide proof of who was driving, then you are automatically guilty of an offence.

I thought the onus of proof was with the Police here? You identify the driver and they prove it was actually them. If you can't identify the driver then they must work to find out who it was and prove it was them. If they can't identify them surely they can't just assume it was you with NO proof? Nice to know innocent until proven guilty still rings true.. Rolling Eyes.

I'm sure if you went to court and proved that you had shown due diligence in trying to identify the driver then they can't prosecute? For example my car is insured for ANYONE who is over the age of 25 as long as they have a licence. So technically I could say my Cypriot cousin I guess?

I still think it's ridiculous, the way it should work is that if the Police cannot identify the driver and prove that it is them, no prosecution should take place. Being able to create an offence that makes it okay to just prosecute the registered keeper is stupid. Another case of the Police/CPS not being bothered to actually do some evidentiary work and just taking the easy way out.
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temeluchus
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PostPosted: 18:48 - 13 Jul 2011    Post subject: Reply with quote

Unless the vehicle is stolen, everything relating to the vehicle is ultimately the responsibility of the registered keeper. That's why the burden of proof is on the keeper, not the police.
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Biker Alex
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PostPosted: 19:18 - 13 Jul 2011    Post subject: Reply with quote

hmm this is interesting.

Question.

If Someone had 9 points on their license, and then they got a speeding ticket for 3 points. ..

Could the other half lovingly take the blame if they had no points to save the driving license?

I assume 90% of speedcam pics dont get a clear shot of the driver.

I dont have any points but it would be interesting to know.


Last edited by Biker Alex on 19:23 - 13 Jul 2011; edited 1 time in total
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Nexus Icon
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PostPosted: 19:21 - 13 Jul 2011    Post subject: Reply with quote

I'd imagine that it happens all the time.
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Musketeer
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PostPosted: 20:42 - 13 Jul 2011    Post subject: Reply with quote

I talked to my wife she haven't gone that road for a long time. So it's 100% me then. I think I'll just fill it the NIP and pray for SAC.

Would be nice to get a photo though Wink

I'm a registered keeper of the vehicle so no way out for me. I'll take it on my chin.
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multijoy
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PostPosted: 21:00 - 13 Jul 2011    Post subject: Reply with quote

stinkwheel wrote:
calyx wrote:
Can the driver be "your cousin from cyprus" ?


Yes.

Their next question is "Was he insured to drive the vehicle and can you prove it?".

It's an offence to allow someone to use your vehicle uninsured.


On the face of it, it's for the CPS to prove whether or not the cypriot cousin didn't have insurance. Whilst the offence is to 'cause or permit', you could make the argument that the driver could rely on the assurances of the 3rd party - "you've got insurance, yeah?" "yeah", especially given that the man on the street has no capability to check a document purporting to be a certificate of insurance is, in fact, a certificate of insurance.

I can't be arsed to trawl through Westlaw, but I would be genuinely interested to know if this is a valid defence!
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stinkwheel
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PostPosted: 22:46 - 13 Jul 2011    Post subject: Reply with quote

ROV Sparky wrote:
hmm this is interesting.

Question.

If Someone had 9 points on their license, and then they got a speeding ticket for 3 points. ..

Could the other half lovingly take the blame if they had no points to save the driving license?

I assume 90% of speedcam pics dont get a clear shot of the driver.

I dont have any points but it would be interesting to know.


Yes you can and it goes on all the time but if you ever do, say nothing to anybody about it. A couple did it then posted about it on the ?SV owners? forum. The police read the forum. They both got 3 months in jail for perverting the course of justice.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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