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jay12329
Dr. Evil



Joined: 02 May 2003
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PostPosted: 12:37 - 30 Aug 2003    Post subject: Speeding Tickets Reply with quote

My mum has just recived in the poast a notice of intended prosecution for speeding. My dad was the driver at the time. I know by law that she has to fill in the form but can it still be left unsigned?
It says at the top of the form;
Fully Complete and signthe appropriate part.
Does this statement close the loophole?
J
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 13:07 - 30 Aug 2003    Post subject: Reply with quote

Hi

Difficult to tell. The loophole is still there. The legislation does not require a signiature on the form, but they will try and threaten you under S172 for failing to complete the form if you do not sign it.

Worth looking at https://www.safespeed.org.uk .

The loophole that is there is that they can assume a confession if you fill it in but don't sign it if they believe you did fill it in. The idea is that if someone else fills it in for you but doesn't sign it then it cannot be deemed a confession.

There is also some question as to whether they need to legally caution you under PACE if the form will be used in evidence in court. However this is likely to be a bit of a red herring.

All the best

Keith
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Phoenix
Twisted Firestarter



Joined: 01 Aug 2002
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PostPosted: 13:20 - 30 Aug 2003    Post subject: Reply with quote

I think this 'loophole' is known by everyone in the country by now, fail to sign it and you'll just look like an arsehole to the courts so when you go to court you'll get screwed twice as hard. Sign the damn thing coz otherwise you're wasting everyone's time.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 13:21 - 30 Aug 2003    Post subject: Reply with quote

But if nobody signed it, then the courts wouldn't be able to cope... Twisted Evil
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Phoenix
Twisted Firestarter



Joined: 01 Aug 2002
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PostPosted: 13:28 - 30 Aug 2003    Post subject: Reply with quote

what and you think they'll just forget about it stephen, doesn't work like that.
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paulcdb
Scooby Slapper



Joined: 29 Jul 2003
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PostPosted: 13:41 - 30 Aug 2003    Post subject: Reply with quote

If your both insured then say you can't sign it because you do not know who was driving at the time.

So long as its not a forward facing camera they cannot prove who was driving and usually results in the case being dropped as they can't prosecute 2 people for the same offence Laughing
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TiN
Pocket Tin



Joined: 14 Feb 2002
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PostPosted: 14:21 - 30 Aug 2003    Post subject: Reply with quote

Stephen wrote:
But if nobody signed it, then the courts wouldn't be able to cope... Twisted Evil


No, they'll just fine you more for taking up their time. The average person should just accept the 3 points and £60 fine really (unless it really is a case of fraud). I think that people like Dwight Yorke only got away with it because he had money to fight it out in court.
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TiN
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jay12329
Dr. Evil



Joined: 02 May 2003
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PostPosted: 15:37 - 30 Aug 2003    Post subject: Reply with quote

Thanks for your imput. Dad will prob just pay the fine and take the points.
He's had a clean licence for over 30years, only had one major accedent where no-one else was involved, he drove his car through a hedge with the help of ice. Is he realy a danger?
J
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 15:40 - 30 Aug 2003    Post subject: Reply with quote

I believe insurance companies generally take such things into account, so don't significantly increase premiums for 3 points.
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 18:59 - 30 Aug 2003    Post subject: Reply with quote

Phoenix wrote:
I think this 'loophole' is known by everyone in the country by now, fail to sign it and you'll just look like an arsehole to the courts so when you go to court you'll get screwed twice as hard. Sign the damn thing coz otherwise you're wasting everyone's time.


Well, they can try but depending on the exact interpretation of the law there is nothing they can do. You are not legally required to sign the form. Without signing the form it is not acceptable in court as evidence. Therefore there is no evidence acceptable in court that someone was speeding.

All the best

Keith
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EuropeanNC30R...
Gay Hairdresser



Joined: 20 Jun 2002
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PostPosted: 20:04 - 30 Aug 2003    Post subject: Reply with quote

It may not be a legal requirement to sign it, but you'd still probably end up spending thousands on legal fees which you'd have little chance of claiming back even when(if) you do win.

It's a shame the amount of justice you get is proportional to the money you have Confused
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 10:23 - 31 Aug 2003    Post subject: Reply with quote

Hi

You don't need to spend much on legal fees, unless it gets silly any you appeal to the high court.

All the best

Keith
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