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 Post subject: Some advice please?
PostPosted: Thu Nov 20, 2008 11:37 
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HI,

Thanks for looking. Basically my mother was said to be speeding by a mobile camera doing 38 MPH in a 30MPH zone. She remembers seeing the mobile camera but is very sure she was doing 30MPH. She received a form in the post by the police saying she needs to fill it in.

She is not the sort of person who wants it to drag and go to court but is hoping she can get it sorted as she is very sure she was not over the limit.

Can anyone advise on template letter and what she needs to do? What evidence do they must have to provide and how can i then when i received the evidence appeal against it etc?

I am really nto sure what to do and to get out of what i feel is a trap.

Thank you,
Mat


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 Post subject: Re: Some advice please?
PostPosted: Thu Nov 20, 2008 13:11 
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http://www.pepipoo.com/FAQ.htm

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 Post subject: Re: Some advice please?
PostPosted: Sat Nov 22, 2008 02:08 
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mat211 wrote:
She received a form in the post by the police saying she needs to fill it in.


It's called a Notice of Intended Prosecution (NIP) and she has to fill it in and send it back. It's not an admission of guilt though it is an admission of driving the vehicle at the time of the alleged offence.


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 Post subject: Re: Some advice please?
PostPosted: Sat Nov 22, 2008 18:47 
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She will then receive a Fixed Penalty Notice - and has time to decided whether to accept or fight the case in a court of law. :popcorn: If she is lucky - and it does really depend on each area's policy as regards the Speed Awareness Course cut-off margin - she may be offered the course. I understand some areas do offer up to this margin.


But tell your Mam - that she can still seek help from an ADI or have an observation of her driving from the local IAM to help her "feel speed" and keep out a beedy eye for speed limit lolly signs. Rule of thumb and if no signs - but lamp posts every couple of hundred yards or so - :listenup: you are in a 30 mph zone .. and hazards of the human "muppet" type are to be expected :roll;

Had she been copped by our one cam van - she would have known why there and then as we tend to back up camvan (equipped with every "toy" available (:yikes:) with a car whenever we can :wink:

Sadly, and I am being realistic and I certainly do not mean any offence to your Mam, but so many folk we do stop genuinely thought they were driving legally and within lolly limit or margin of tolerated error :popcorn: They think they are close to 30 mph - but they have crept to danger levels. This is where I would say training to the systematic approach with COAST does help and work :wink: - to the extent that it becomes ingrained and a second nature - achieved by that relaxed concentration "mindset" - which takes in all it needs to whilst your more subconscious or what the late Paul Smith called the "lizard brain" takes care of the automatic mechanics of the "human machine" which just happens to be YOU! :popcorn:

Her first offence? :scratchchin: She probably will find her insurers will neither mither nor load for this. But she needs some help.. Road Angels.. looking up the timetables and just regaining self-confidence with either an ADI or observed IAM drive and hopefully becoming motivated to become a fully fledged member .. all of this can help her. It may even break even eventually as some insurers do offer a discount which breaks even or puts into profit against IAM costs longer term. :wink:


Let us know how things pan out for your Mam and do join in all other discussions :welcome:
Tell her to think about it .. and do so yourself too :wink:

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 Post subject: Re: Some advice please?
PostPosted: Sat Nov 22, 2008 19:17 
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If she intends fighting this no single letter will resolve this case.
She should get the photos to "identify the driver" as they sometimes reveal the true speed. on a few occasins they have revealed poor operation of the kit in the wrong location.
She should complete the police section 172 naming herself.
she should ignore all kind offers from the police to accept £60 and 3 points, ignore kid offers to spend £60-100 on a speed awareness course and wait for the summons.
She should check all the speed signs comply with the law and get photographs.
Ignore all reminders and wait up to 6 months for the summons. Sometimes it never arrives

If it arrives
At this point she has the option to bail out reasonobly cheaply and plead guilty.
from here on If you are going to fight you need to prove your innocence. using pepipoo or a solicitor.
there may well be 12 court hearings costing you half a day each.
costs and fines have escalated into the high hundreds. Solicitors bills can escalate at £200 per hour. Leagl aid is not available for most working people.
If you win, you can get costs, but some pilchards in the government are trying to stop that.

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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