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76 in 60 - Insurance update

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colink98
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PostPosted: 10:32 - 22 May 2018    Post subject: 76 in 60 - Insurance update Reply with quote

Supposed it was going to happen sooner or later.
Was on the M20 where a variable speed limit was in place and i did not slow down.

The wife opened the letter and it says 3 points and £100 fine or go to court.

i don't have any other points or endorsements and a clean license since 1990.

there is no point disputing the fact.
but is it worth seeing if i can get a speed awareness course as opposed to the points ?
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Last edited by colink98 on 15:19 - 08 Jun 2018; edited 1 time in total
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Ste
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PostPosted: 10:35 - 22 May 2018    Post subject: Reply with quote

Roger will be along shortly to explain the difference between a fine and a bribe.
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ThatDippyTwat
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PostPosted: 10:45 - 22 May 2018    Post subject: Reply with quote

The threshold (generally) is Limit+10%+9mph. 60+6+9=75, so you're just over. IF you were eligible, they would have "invited" you to pay monies to go on said course.
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Fizzoid
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PostPosted: 10:46 - 22 May 2018    Post subject: Reply with quote

Might be worth asking, but I believe you're too far over the 'limit' to qualify for one
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grr666
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PostPosted: 10:57 - 22 May 2018    Post subject: Reply with quote

As far as I know, you would have been offered speed awareness course if you were eligible. I've sat through one. It was very Rolling Eyes
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Copycat73
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PostPosted: 11:11 - 22 May 2018    Post subject: Reply with quote

re-read the letter .. it gives the current limits for speed awareness courses ..
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P.
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PostPosted: 11:20 - 22 May 2018    Post subject: Reply with quote

Did you happen to get it between J6 and J4. I may be feeling a hit on the wallet given the weekends enjoyment. Neutral
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Rogerborg
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PostPosted: 11:28 - 22 May 2018    Post subject: Re: 76 in 60 Reply with quote

ColinK98 wrote:
The wife opened the letter and it says 3 points and £100 [BRIBE] or go to court.

For her? That's harsh.

What you should have received was a notice of intended prosecution, plus a S172 demand to incriminate yourself.

After you've done so, you might be offered a Kitten Kourse. You won't get offered it right off the bat because they don't know who the driver is, and need to check that you haven't done one in the last 3 years.

Kent and Medway are very coy about the thresholds for their Kourses, but NPCC says +10% + 2mph - 9mph.

Ooh, sorry, you're 1mph over. Pay the "fine" or lawyer up.
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colink98
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PostPosted: 12:20 - 22 May 2018    Post subject: Reply with quote

Paddy. wrote:
Did you happen to get it between J6 and J4. I may be feeling a hit on the wallet given the weekends enjoyment. Neutral


I have not read the letter as of yet.
but i'm sure the wife said it was Junction 5.
And i join at Junction 4 and leave at Junction 7.
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colink98
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PostPosted: 12:30 - 22 May 2018    Post subject: Re: 76 in 60 Reply with quote

Rogerborg wrote:
ColinK98 wrote:
The wife opened the letter and it says 3 points and £100 [BRIBE] or go to court.

For her? That's harsh.

What you should have received was a notice of intended prosecution, plus a S172 demand to incriminate yourself.

After you've done so, you might be offered a Kitten Kourse. You won't get offered it right off the bat because they don't know who the driver is, and need to check that you haven't done one in the last 3 years.

Kent and Medway are very coy about the thresholds for their Kourses, but NPCC says +10% + 2mph - 9mph.

Ooh, sorry, you're 1mph over. Pay the "fine" or lawyer up.


I will confirm when i get home to have a read of the letter.
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SteveSmith
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PostPosted: 13:31 - 22 May 2018    Post subject: Reply with quote

Disclaimer - I'm a magistrate so know a bit about the processes here, but I can't give advice on these things. This is general information only!

You are completely entitled to go to court if you're accused of any offence, but it's worth thinking about. If you do choose to go, the first decision is whether or not to plead guilty (i.e. did you do it?). If you say you're not guilty, the prosecution will have to prove in a trial that you are. I don't know about your case, but generally these things are very procedural and if the police have sent you a NIP they are usually confident that they've got the evidence to back it up. Mistakes happen though, so if you've got good reason to think you're not guilty you can make your case.

If you plead guilty or are convicted after a trial, the magistrates will sentence you based on the guidelines here :

https://www.sentencingcouncil.org.uk/offences/item/speeding-revised-2017/

The starting point for 76 in a 60 is a band A fine and 3 points. Band A means 25% to 75% of a week's income. As 76mph is near the top of the range, the bench may well issue a fine nearer 75% than 25%. You would get a third off the fine if you pleaded guilty at the earliest opportunity.

On top of that you'd normally have to pay some or all of the prosecution costs (usually £85 if you pleaded guilty, £620 if there's been a trial) and a "victim surcharge" of 10% of the fine with a minimum of £20.

You do have the opportunity to argue mitigation, i.e. "I did it but there's a good reason not to punish me too harshly". Magistrates have the discretion to award a lower punishment if there is a good reason, and the guideline I linked to gives a list of mitigating factors that a bench might take into account. Beware of bullshit though - most magistrates have heard it many times before!

Hope this helps,

Steve.
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Fizzoid
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PostPosted: 13:56 - 22 May 2018    Post subject: Reply with quote

Presumably the 'victim surcharge' goes to the local cats home?
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Polarbear
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PostPosted: 14:22 - 22 May 2018    Post subject: Reply with quote

Fizzoid wrote:
Presumably the 'victim surcharge' goes to the local cats home?


Don't be stupid, it's the 'Hug a hoodie' and 'send him on holiday' fund. They are the real victims.

Diane said so, so Folded arms
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Rogerborg
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PostPosted: 14:54 - 22 May 2018    Post subject: Reply with quote

SteveSmith wrote:
and a "victim surcharge" of 10% of the fine with a minimum of £20.

£30.

Don't T.C me, bro.
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colink98
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PostPosted: 17:19 - 22 May 2018    Post subject: Reply with quote

SteveSmith wrote:
Disclaimer - I'm a magistrate so know a bit about the processes here, but I can't give advice on these things. This is general information only!

You are completely entitled to go to court if you're accused of any offence, but it's worth thinking about. If you do choose to go, the first decision is whether or not to plead guilty (i.e. did you do it?). If you say you're not guilty, the prosecution will have to prove in a trial that you are. I don't know about your case, but generally these things are very procedural and if the police have sent you a NIP they are usually confident that they've got the evidence to back it up. Mistakes happen though, so if you've got good reason to think you're not guilty you can make your case.

If you plead guilty or are convicted after a trial, the magistrates will sentence you based on the guidelines here :

https://www.sentencingcouncil.org.uk/offences/item/speeding-revised-2017/

The starting point for 76 in a 60 is a band A fine and 3 points. Band A means 25% to 75% of a week's income. As 76mph is near the top of the range, the bench may well issue a fine nearer 75% than 25%. You would get a third off the fine if you pleaded guilty at the earliest opportunity.

On top of that you'd normally have to pay some or all of the prosecution costs (usually £85 if you pleaded guilty, £620 if there's been a trial) and a "victim surcharge" of 10% of the fine with a minimum of £20.

You do have the opportunity to argue mitigation, i.e. "I did it but there's a good reason not to punish me too harshly". Magistrates have the discretion to award a lower punishment if there is a good reason, and the guideline I linked to gives a list of mitigating factors that a bench might take into account. Beware of bullshit though - most magistrates have heard it many times before!

Hope this helps,

Steve.


Many thanks for your outlining of the situation.
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Ride it like you stole it.
ride sensible and not like an idiot and you wont get 6 points in one week.
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colink98
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PostPosted: 19:31 - 22 May 2018    Post subject: Reply with quote

Ok had a look at the letter and as Roger says its a S172 document.
i have taken a look at the photos and its very clear the 60 MPH limit is in place.

My bad.

when driving home i had a good look and there are a set of the yellow camera to the side of the gantry.

my fault for going to fast and for not seeing them before.
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Ride it like you stole it.
ride sensible and not like an idiot and you wont get 6 points in one week.
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Kawasaki Jimbo
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PostPosted: 19:45 - 22 May 2018    Post subject: Re: 76 in 60 Reply with quote

ColinK98 wrote:
3 points and £100 fine,

I had one of those a few years ago and it was never clear to what extent it affected my subsequent insurance premium. Are there any rules on this?
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Nobby the Bastard
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PostPosted: 20:06 - 22 May 2018    Post subject: Reply with quote

76? Meh, go big or go home.
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yen_powell
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PostPosted: 20:34 - 22 May 2018    Post subject: Reply with quote

ColinK98 wrote:
Ok had a look at the letter and as Roger says its a S172 document.
i have taken a look at the photos and its very clear the 60 MPH limit is in place.

My bad.

when driving home i had a good look and there are a set of the yellow camera to the side of the gantry.

my fault for going to fast and for not seeing them before.
That sort used to be grey but the gubberment decided to have them all painted yellow in a spirit of sportsmanship.
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tom_e
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PostPosted: 21:25 - 22 May 2018    Post subject: Re: 76 in 60 Reply with quote

Kawasaki Jimbo wrote:
ColinK98 wrote:
3 points and £100 fine,

I had one of those a few years ago and it was never clear to what extent it affected my subsequent insurance premium. Are there any rules on this?


No, insurance companies can fuck you as rough or lovingly as they like.
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colink98
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PostPosted: 10:31 - 23 May 2018    Post subject: Reply with quote

Well thats me fucked...

another letter...
2 days later at the same point 68 in a 60.
this one suggests fine, court or awareness course.

as i have 28 days to respond and i can send scanned copy's..
Maybe if i reply to the 2nd letter first they will send me on a driver awareness course.

and then reply to the 1st letter afterwards and take the hit.

what a fucking week last week was.
heres hoping i was spanking the crap out of it Friday or Monday at that same point.

the wife is raging.
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Ride it like you stole it.
ride sensible and not like an idiot and you wont get 6 points in one week.
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P.
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PostPosted: 10:39 - 23 May 2018    Post subject: Reply with quote

Speed awareness that shitter, its money, but fewer points.

Assuming these ones? https://goo.gl/maps/bo9RKJC4CHD2

They are fucking hidden in summer months and I have to remember to shave some speed off.

Thats proper gash luck as well Sad
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Rogerborg
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PostPosted: 10:57 - 23 May 2018    Post subject: Reply with quote

ColinK98 wrote:
2 days later at the same point 68 in a 60.
this one suggests fine, court or awareness course.

That sounds right. 68 is under the threshold, 76 is just over.

I'd eke it out towards the full 28 days in case they muff it and take over 6 months to get properly legal on you, but don't get your hopes up.

You knew the risks when you chose the thug life.
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colink98
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PostPosted: 10:57 - 23 May 2018    Post subject: Reply with quote

Paddy. wrote:
Speed awareness that shitter, its money, but fewer points.

Assuming these ones? https://goo.gl/maps/bo9RKJC4CHD2

They are fucking hidden in summer months and I have to remember to shave some speed off.

Thats proper gash luck as well Sad


i think it is...

here is the picture (i have cut out all the vehicles)
https://i.imgur.com/VlcM1me.jpg
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colink98
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PostPosted: 11:00 - 23 May 2018    Post subject: Reply with quote

Rogerborg wrote:
ColinK98 wrote:
2 days later at the same point 68 in a 60.
this one suggests fine, court or awareness course.

That sounds right. 68 is under the threshold, 76 is just over.

I'd eke it out towards the full 28 days in case they muff it and take over 6 months to get properly legal on you, but don't get your hopes up.

You knew the risks when you chose the thug life.


Indeed i was having a fucker of a week and not giving a shit.
My concern is that i cannot recall what happened the other days.
So i have no idea of the chances of seeing another one of these letters.

Let say I've been both a gangsta and also unlucky and i end up with 3 or 4 of these on the matt.
time to seek legal advice ?
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