Safe Speed Forums

The campaign for genuine road safety
It is currently Wed May 06, 2026 00:58

All times are UTC [ DST ]




Post new topic Reply to topic  [ 5 posts ] 
Author Message
PostPosted: Wed Jun 07, 2006 14:16 
Offline
New User
New User

Joined: Wed Jun 07, 2006 13:52
Posts: 2
Afternoon all, I need a bit of help.
I've Just received a NIP for doing 49 in a 40 on a dual carriagway at 2.50am. I went past a fixed speed camera (you know, those friendly looking yellow things) and unfortuatley I set the damn thing off.
Firstly, i am pretty sure that I was driving the car, but I am not 100% certain. Is there anything that I can do about this?
Secondly, yes I was over the speed limit, however, by no means was I driving unsafely; it was a clear, warm night and it was nearly 3am with nothing else on the road.
The simple fact of the matter is, I accept the fact that my car was over the speed limit, and had it been at 3pm (instead of am) I would have no hesitation in payin the fine. However, because of the time of the incident and the road conditions, I can't help but feel somewhat persecuted and I am just hoping that someone, somewhere can help me.
Thanks for reading this. :)


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Wed Jun 07, 2006 17:51 
Offline
Member
Member

Joined: Tue Mar 09, 2004 00:11
Posts: 764
Location: Sofa
This type of question is better suited to www.pepipoo.com

Have a good read over there, do the NIP Wizard and post a thread there for further help if required.

_________________
Less Kodak, more Kojak.
In times of deceit, telling the truth is a revolutionary act.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Sun Jun 11, 2006 01:06 
Offline
Suspended
Suspended

Joined: Sun Jun 11, 2006 00:56
Posts: 3
Look up the "Hamilton defence" you may find this intreasting.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Sun Jun 11, 2006 05:44 
Offline
Friend of Safe Speed
Friend of Safe Speed

Joined: Sat Mar 06, 2004 12:01
Posts: 4815
Location: Essex
I have suspended "non speeder and proud". It is a duplicate account from an already suspended account holder.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Mon Jun 12, 2006 17:36 
Offline
User

Joined: Sat Mar 25, 2006 13:32
Posts: 20
Location: North of Watford
Hi weevil,
as usual the advise is to go to pepipoo.com
follow the instuction on the sticky posts at the top of the forums,
you need the 'Judical Process'. Make sure you spend an hour or so reading the FAQ's and links so you get the picture. :)

Quote:
Firstly, i am pretty sure that I was driving the car, but I am not 100% certain

There is an unsure of driver defence it uses section 172 of the RTA subsection 4. This says you must show resonable diligence to accertain who the driver was. If the court think you are lying or you don't show the level of diligence you risk a higher fine up to £1000, likely £250ish and the same points as speeding offence (3pts for you) and its a worse code on your licence than 'speeding in 40' as far as insurance is concerned.
(as your really classed as dishonest!)

That said I had to use that defence as I was actually unsure and though they treatened me the case was dropped 3days before trail.
Quote:
Firstly, i am pretty sure that I was driving the car, but I am not 100% certain

I repeat as you don't sound like your unsure at all. Don't go posting up messages which could be conceived as basically saying 'how can I get off', risky, I'm sure you don't mean that at all :D
Quote:
Look up the "Hamilton defence" you may find this intreasting.

I think this is referring to Neil and Christen Hamilton ex-tory non-celebs they said they didn't know if it was either of them and won basically, though aparantly they used an awful arguement which didn't really show and 'diligence'.
Read this for some advice I gave.
http://www.safespeed.org.uk/forum/viewt ... baf8#85520

For 'unsure of driver' you need to request a photo of the offence
(pepipoo has draft letters) this will show the driver and you fill in the NIP and be done.
It could be a yellow gatso and the photo is the back of the car which means you write saying you have exasted all forms of assertaining the driver id., please suggest others, have discussed with other drivers and used a map the trace journey, have re-visited site with other drivers to re cap memory + took photos of site, have check bank statements, recipts, emails, diaries... If still can't assertain driver give a list of the possible drivers, Name, Address, D.O.B, Driving Licence No.(all that the NIP asks for basically) say still unsure. SIGN THE LETTER and post SPECIAL DELIVERY. You could breifly explain why you don't know too, 'use this stretch of road many times a day and me and my wife share the car on most days (make sure the other drivers are insured to drive the car by the way!)
Well that's enough, there's more details on pepipoo. Don't use the defence if you know who was driving though that would be lying and could mean purgery in court.

:D Best of luck and have a good long read of pepipoo. :D


Top
 Profile Send private message  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 5 posts ] 

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 83 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You can post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group
[ Time : 0.038s | 11 Queries | GZIP : Off ]