Safe Speed Forums

H there.

Im 17, and as the government need more money to fund their war in Iraq, they have decided to procescute me for doing 36mph in a 30mph zone.

The letter wasn't adressed to me, but my mum, as its her car. (I only have a provisional licence)

However, when I checked the date, it was incorrect. As I'm sure it should have been 7th rather than the 8th May, as my dad was in work that day, and we didnt go out.

What shall I do? Do I need proof, or will they realise that the data is wrong?

Also, is there any way I could seek damages from this, such as stress before exams etc??


Advice appreciated.

I can only hope that you were with someone who has held a full driving licence for at least 3 years

This may be of some guidance:

The Road Traffic (New Drivers) Act 1995


Should you contest the date I suspect the SCP will simply correct it claiming ‘slip error’ given the fact you’re not shown any indication that you disagree with the speed reading.

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Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign

Yes, I was wth my dad who has a licence for over 3 years. But I wasnt out on that date.


So I take it I should say I wasnt speeding then?

Any more advice?

Thanks very much for the reply.

Sorry, I must have been unclear with my reply. Provisional licence holders behind the wheel must be accompanied by a full (>3 year) licence holder.

You and your dad could get done for a far more serious offence if you say you weren’t driving and evidence is found showing you’re lying.

Hang on, I appologise, I may have been unclear myself.

I reieved a ticket through the post. Addressed to my mum as its her car. I am insured to drive it - I hold a provisonal licence.

However, I recieved a speeding ticket for 8th may, and I wasnt driving on that day, so what I am asking s that can they procescute me?

My dad DOES indeed hold a full licence for over 3 years. And he is always with me when we go out. But like I say, I wasnt dring on the date specified on the ticket.

Thanks for the reply.

http://www.pepipoo.com/NIP.htm


I'm under the impression such an incorrect date can be corrected, but I don't know for sure.

The above is all a mish mash of unclarities. May I put forward a scenario and ask you to correct it please?

1) You were out in the car - legally (apart from a potential speed limit violation) on 8th May.

2) Your mother received a letter advising the car was exceeding the speed limit on 7th May; she nominated you as a driver, sent it back, now you have received a letter saying YOU were speeding on 8th May?

If that is so, the correct course of action is for you to send it back denying driving the car at the time and suggest they contact the car owner again.

Ideally you will be able to establish an alibi - someone without a vested interest that you were with at the time of the alleged offence or similar.


One more point; it's only 12th May now. Something doesn't hang together here. Is this a spammer?

No. Maybe I have been unclear.

Basicaly, the first letter came today. We have not sent anything back. One letter came address to my mum (her car)

However, I was not on the road or location the day it says on the letter.

And no, Im not a spammer.


Thanks very uch for the replies so far.

I’m under the impression the mother has only received the NIP and that nothing more has been done with it.


None of my usual alarm bells went off, but then you have much more experience in this area.

edit: too slow

In which case, your mother needs to take reasonable steps to establish who was driving the car on the 7th. If it was in the charge of your father on that date, she needs to nominate him. If he confirms it was parked at work, your mother needs to write a letter to the effect that the vehicle was in the charge of (either her or hubby) at the time of the offence, and that therefore nobody was driving it, ending with an "if you asre going to continue this, please send me your evidence" clause.

She should cross through the boxes on the form - none apply to such a scenario - annotate it "see letter" and sign it.

If you know you were not out on that day, you're in the clear.

Wouldn't a request to see the photographs be in order whichever way the story pans out?
This might turn out to be the wrong reg. number, or any one of a range of possibilities.

I'm curious as to why the OP is being singled out, unless his mother NEVER drives the car, but is merely the RK

The way I read it was the OP only drives if his father is not at work, and therefor available as co-pilot - hence no drive if father was at work on the camera date? Does his mother ever drive it, or accompany him?

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Time to take responsibility for our actions.. and don't be afraid of speaking out!

No, my mum never accompanies me.

The "offence" took place about 30 miles from my home, and my mum never goes there, however, I did go there on May 7th, but I definately DIDNT go there , or even out in the car on May 8th, like it says on the ticket.

I don't remember speeding at all, I am always careful with my speed. I just hope that the date cock-up is enough to let me off the hook.

Whats the easiest way to get out of this, if this is the case?

Thanks again for the replies so far.

I'm not an expert, but if your mother was to write back in 2 weeks time saying the vehicle was not used on that date, but was used on the 7th in that area, hopefully they would try, after checking the dates to issue a new/correct NiP which would be out of time due to the 14 day rule.

I'd say it was a bit more serious than just a slip error.

but don't take my word as correct.

fatboytim

Don't tip them off about the date in the reply. The accusation is speeding on the seventh; it is for that date and stipulated time that the car and potential driver movements need to be accounted for.

It seems to me that this needs careful handling.

There is a ALLEGATION of speeding and even though the date is wrong this would seem likely to trigger a S172 OBLIGATION to identify the driver (if possible).

A flat 'no one was driving he car' reply, might be seen as a S172 refusal and result in a court case. At this point the date error does not assist very much. Effectively it will be down to the registered keeper to prove that the vehicle was not in use.

One for http://www.pepipoo.com I reckon. In the meantime do absolutely nothing unless the 28 day reply deadline threatens.

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

The two things I would say (or, reiterate) are don't contact them at all until 14 days after the alleged offence, otherwise they may be able to issue a corrected NIP, and if your mother has been given a NIP then she must be the one to reply.

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Andrew.

Hi there. So this is what I intend to do... please correct me if I'm wrong.

I will wait approximately 10 days, before my mum will write a letter (or is this done on the form itself?)...explaining that the car was not in that area on the 8th, as she was at work, and consequently, she believes the ticket be be untrue.

I assume this is sent to the same address via the free pre-paid envelope?

After doing that, we wait, and see.

What should I expect after this? Would they supply photo's? Would the photos also have the incorrect date on them?



Thanks again. This forum is very helpful.

Was your dad out in the car on his own at the time per this NIP?

I would see what pepipoo have to say on this. You have to be able to prove in court that you were not driving the car. So either Mum or Dad was.

If the car was parked at her place of work on the 8th .. and she can prove with independent witnesses and perhaps a CCTV tape showing it in the work's car park at the time of this alleged offence.. then they will look at the photos and .. re-issue accordingly as the photo will have the correct time and date on it. If there is a discrepancy and independent witnesses and CCTV footage prove that car was somewhere else at the time.. then that is worryingly a potential cloning - which is not impossible .. but still rare in reality.



Your Mum could perhaps Very politely and without wording implying any liability say in her letter that her car has been insured for others in the family to use and that she is still trying to establish who in the family was in charge of the car at the time .. and that it would help you if they supplied the images to help you.


Perhaps you are learning an early lesson as to how important observation of lollies, road markings and yellow tins are


It is difficult when you are learning a new skill such as this one. A lot to take in and concentrate on all at once in the early stages. Are you taking lessons with a qualified instructor as well? We booked a block of lessons for our kids before we went out with them on practices. We found they received some sound disciplinary and control advice from their teachers - which they and we could build on with them.

Be sure to be very aware of speed limits until test and two years thereafter. I think you should get an RA when you pass your test perhaps and think of an IAM to really work on developing your skills so as you keep as safe and as legal as you can.

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Given what the OP has said, surely the photographs should clear this up whatever course of action is planned?

It may well show a cloned car, or different car altogether - in which case, it ends all speculation.

_________________
Time to take responsibility for our actions.. and don't be afraid of speaking out!

But if the photograph date differs from the letter, then what happens?

This is a fu**ing joke. The UK government are thieves. Where else in the world would they prosecute a bloody learner driver for going 36 in a 30 mph zone. £60 fine even though I'm a student and I've no income at all. The points could add hundreds to my insurance over the years - All for fu**ing 1mph over the "procescution" limit.

But when I'm mugged in the street, or asualted at school, which I was a few months ago, nothing is done.

Why the f**k do we put up with this?

Im probably going to get shot down from this post, but this government are scum of the highest order.

I want to leave the UK.


4 weeks driving and I get a £60 fine. In North Wales too.





I feel sick.