Safe Speed Forums

Hubby caught doing 68 in 60 zone by mobile camera, Lothian and Borders Police, Scotland. Offence took place on 01/06/06 letter of "intended prosecution" arrived 20/06/06. Am I correct in thinking that letter of intended prosecution must be issued within 14 days of offence. Despite having requested copy of photo, which has not arrived, received 12/07/06 "offer of fixed penalty" letter £60 and 3 points. What do you recommend his next step be? First speeding offence in 38 years of driving usually over 25K per year.

Thanks

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Katie N

There are very few exceptions to the 14 day rule.

I take it that you/your husband is the registered keeper (RK)?

And there's been no recent change to registered keeper details?

Is there a date on the NIP? Is it 14 or more days after the date of offence?

If you're the RK and the NIP was not sent so that in the normal course of post it would arrive no later than the 14th day after the date of offence, then you have a very firm defence against prosecution.

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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

Car is Lex Leasing but but husband is registered keeper but not owner. Alleged Offence 01/06/06 and letter dated 20/06/06. Where does he stand?

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Katie N

This is starting to not sound right. Are you 100% sure your husband is RK?

Do you actually have the V5?

Do you get VED reminders?

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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

Car is leased from Lex Leasing. Do not have V5 or receive VED. Does this make a difference? Can he not claim 14 day rule exceeded? Thought Chief Constable recommendation was that no driver be prosecuted under the 10% plus 2mph - ie 68mph.

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Katie N

Date on NIP is 20/06/06 received 22/06/06. Alleged offence 01/06/06.

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Katie N

Ahh. Your husband isn't RK. 14 days rule applies only to RK.

You need to get along to Pepipoo http://www.pepipoo.com and ask about 'unsigned forms in Scotland'.

'PACE witness statement' (which may be suggested) does NOT apply in Scotland.

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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

Unfortunately he has returned and signed the NIP, which is not receommended by the site you mentioned, and has now received a fixed penalty letter. Anything further he can do?

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Katie N

Sure. It's endless. The current choice is to pay the fixed penalty or opt to fight it in court. If you opt to fight in court, you'll have to try to find a technical error in their evidence or procedure. With enough effort there's usually an error somewhere.

I expect that the alleged offence was detected by LTI20.20; AKA 'the dodgyscope'. There's a substantial potential defence there.

I'd fight every case as a matter of principle, but you might think that paying £60 and three licence points isn't worth the trouble. That's the next decision for you.

DON'T rush to pay the fixed penalty - they give you 28 days. It's certainly NOT in your interests to respond quickly.

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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

What a mine field! Thanks for advice. Looks like it will be easier just to pay up and shut up! Although the PePiPoo site suggests that as hubby has sole use of car and actually pays towards it he is keeper although not holder of V5 Document. Might just try sending a letter stating that NIP was not received within 14 days. Thanks again.

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Katie N

Katie, one option is not to pay the fixed penalty and take a chance to see if they bother to send a summons. If a summons arrives you can plead guilty by post and accept what ever fine and points the court choose.

The reality is that a lot of people don't pay the fixed penalty and that they don't have the resources to take every one to court. What you must not do is draw attention to your case. So don't write to them or ring them untill your 6 months is up.

The fine and points could well be more than the fixed penalty. It is a gamble, the choice is yours. I doubt that on this occasion any more than £60 & 3 points would be awarded, they might add £35 costs.

Fighting nail and tooth in court: (if youu lose) could land you a fine of £300 +£200 costs
(lorry driver 7mph over the 40 limit hants)

PS. going to court can also be a fantastic experiance, If a little time consumung.

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Speed limit sign radio interview. TV Snap Unhappy
“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

Am i right in saying you will get the added bonus of none of the money going to the partnership if you plead not guilty via post? If so, you will get the moral satisfaction that not a penny of your fine will go to the ironically named 'safety' camera parnership.

Oh yes, I forgot that bit...
PS, chosing to go to court to recieve your penalty is your right, It is not cheating or avoiding justice.

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Speed limit sign radio interview. TV Snap Unhappy
“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

No costs in Scotland, but they are likely to up the fine instead.

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