View Full Version : NIP :-(
Rite I got one of these thru the post, which says I was caught on camera doing 42mph in a 30, I can go to court or I can accept a conditional offer of a 60quid fine and 3pts endorsement, problem is, I have 9pts already This surely means I am facing a ban doesnt it?
go to court and plead guilty
explain u need your car for work (they can and will check this so i hope u do need it, lol)
then they will prob give u the 3 points but u wont lose your licence due to exteriating circumstances and all that rubbish.....
p.s. your insurance company wont like u having 12 points and no ban....... i cant imagine they like your 9 points.....
will
That sounds incredibly tempting mate- I may have to go seek some free legal advice or something, its just a rite bummer, I was only speedin cos I had this lad I know who trips on drugs n aint got tax or insurance behind me and didnt want him newhere near me I need my car ideally to commute as the bus service is a running joke, plus I have worked all over the country in the past few months, thamesmead, bromsgrove,melton mowbray, scun-thorpe, beeston etc
wisewood
02-10-03, 11:04 AM
IN that case do as Will said, go to court and plead guilty and explin the whole situation - might get let of with a fine... you never know.
Phil GTE
02-10-03, 12:54 PM
plus I have worked all over the country in the past few months, thamesmead, [/quote]
bad luck, i hate that place. do you make it down that way often?
plead guilty like every ones said mate it the only way!
bfuller
02-10-03, 01:29 PM
They say prevention is better than cure, so mabye keep a look out for speed cameras next time!?! :lol:
Out of intrest how old are you?
Jim
LEGAL LOOPHOLE
Recently, a driver was caught speeding, the police sent him
a letter saying he had been caught & they had photographic
evidence of it too, few days later they send the letter.
Apparently it is a legal requirement to fill in the
slip they send to declare the driver of the vehicle at the time,
however it isn't a legel requiremnt to sign it.
So this guy fills the form correctly & doesn't sign it,
the case goes to court & the police lost the case,
because without the signature the declaration is invalid.
This is true !
You could always get a speed camera detector (radar).
wisewood
02-10-03, 01:56 PM
This is true - you can get away with it - there is a well documented post about it somewhere int he recent past on here... linking to a post on mig that says exactly how the bloke got away with it.
i know a guy who got 2 tickets in a week last month. sent off the fine, but didnt sign the slip. as the police have got their money, and they know about previous cases as mentioned above, they do not chase it up. obviously if you went silly and got a ticket a week they might do something lol
your online early 20s at most arent u bob?
theres 2 ways aaround this, 1 is possible prevention of losing ur licence but will still get points
the other is risky and involves delyaing things meaning u may get 0 points but if u do get points you WILL lose your licence
step 1. seek legal advice, i by no means am an expert i am just trying my best to help you
step 2. with your next pay cheque buy a scanning device or perhaps do what i do......... look for speed cameras but most of all predict where they will be.
imagine a long open country road, its straight theres nothing around u could easily do a ton without trying....... there is prob a speed camera there! drive it once and see, i only speed speed 90+ if i know the roads its silly to speed on unknown roads ur leaving yourself open to points and fines!
another common place for the police to put these cash points *cough* sorry speed cameras is as the speed changes......... imagine this.
30mph limit........ changes to 40mph, u think woohoo put ur foot down b4 u know it your doing 50mph and then *FLASH* your caught, simple trick thats been done for years.
Keep ur eyes open, this is by no means a full proof method of not getting caught, the police still use speed style guns, i myself nearly got caught last week but i was aware of wot was happening so i didnt, i was on a main dual carriage way on the way home from work doing 90mph, suddenly i look ahead and all the cars were breaking hard................................... WTF, so i brake down to 65mph approx, abt 100M later theres a police car in the lay by with a gun so i saved myself 3 points and 60 quid for watching and paying attention.
Anyway back to your problem:
1. Go to court plead guilty seek all legal advice expect to pay costs of ?200 (approx) expect to get 3 points bringing your total to 12, but hope the judege will let u keep your licence because you can prove u need it or you will be out of work and therefore adding to the unemplyment figures etc etc blah blah
2. dont sign the N.I.P. send it off as late as u can and lang the process out if it says 28 days to reply, send 1st class after 25 days, this will stop anything from happening for UP TO 6 MONTHS, but then u will either after a lot of sweating and paperwork get the thing dropped cause the police cant be arsed................... OR
this is the bad bit, they will get pissed off with u, give u the 3 points (maybe more but i dont think they can do that not 100% sure) a big fine to make an example of you for taking the piss and a Ban for a time they choose......... now that will leave u fuked, good for short term, long term very bad
if u had 3 or 6 points id be tempted to try option 2
As you already have 9 your dicing with death trying that and go for 1.
thanks for readin
pmsl @ long post :D
will
on the point of speeding can i try an dispel the myth that i beleived for so any years of:
'if you don't hear anything in the first couple of weeks they can't do you for it'
you can be done up to 2 years after the event!
if you haven't had any thing through in the couple of weeks after they probably deem it not to be too serious a speed or have got a back log of paperwork!
get a lawyer involved. i used to work all over the countryi got pulled over by a marked car doing 103.8 on a dual carriageway. went to court, pleaded giulty but asked them to be nice as need car for job.
key words were "my client is aware of the fact he was speeding and would rather receive a ban then have points to learn a lesson." he then asked them to keep it short as it was needed for my income.
result was ?100 fine plus court fees and a 7 day ban.
NO POINTS.
funny bit was... he was driving an unusual car thet he'd not been used to. it was a 1.1 saxo on the red line, and i was on the mob :lol: :lol:
Chris LR
02-10-03, 04:49 PM
103.8 is an acchievement....
Well done to him
a good friend of mine who used to be a salesman on bahlf of the mod/nato.
he has 18 points, he has a "deal" with the courts/police that 1 more point and he gets a years ban + ?1K fine lol
i have to say, if you have a polite gift of the gab then try to "blag" it in court, otherwise take it like a man, you did the crime, do the time (so to speak)
i got done first time 99.3, next time i overtook unmarked cop car at 90ish and finally, being in excess of 40 in a 30. all 3 pointers and fine. ban and 3 points are gone now. and i drive nicely round built up araes. Then hammer it!
?Marty?
03-10-03, 12:34 AM
LEGAL LOOPHOLE
Recently, a driver was caught speeding, the police sent him
a letter saying he had been caught & they had photographic
evidence of it too, few days later they send the letter.
Apparently it is a legal requirement to fill in the
slip they send to declare the driver of the vehicle at the time,
however it isn't a legel requiremnt to sign it.
So this guy fills the form correctly & doesn't sign it,
the case goes to court & the police lost the case,
because without the signature the declaration is invalid.
This is true !
It was Rio Ferdinand that did this.
However, dont expect it to work as he was convicted but his lawyers appealed to the High Court and had the case dismissed on complex rules regarding evidence i.e. the form used was inadmissable evidence as it was not signed. You would need A LOT of money to appeal against such decision.
This HAS set a binding precendent, BUT there are 'loopholes' in EVERYTHING, and even ones where the judges will not follow previous precedent. And because it has happened, it is very likely that there is an Act of Parliament going through to change it as we speak.
Not signing the form - this works on the principle that it is a breach of your Human Rights i.e. right to a fair trial/innocent until proven guilty etc, but by signing the form you are incriminating yourself, so you do not have to do so, as the form itself is not legal.
All this means is that they may not be able to use the form as evidence to convict you. But there are many other ways to do this. They DID catch you speeding and knew where to send the form/whos car it was and etc. And the longer it takes to convict you, the higher the states legal costs will be. Costs which you will have to pay.
Sending a cheque to pay the fine with an ammount greater than the fine, and not cashing the refund cheque when it arrives on the basis that the points will not be added until ''all financial transactions are complete'' - Wont work either. The documents state clearly, exactly what the fine is, so it is up to you to make sure you pay the correct ammount. They will put the points on as soon as they get the money, even if they do decide to refund you the difference. And the fact that you're sending the cheque, for whatever ammount, is intent to pay the fine and admission of commiting the offence.
YES, you dont have to sign the form as it IS a breach of your human rights (it says that you MUST on the form itself i believe, BUT the case that has set this precedent is a Scottish case - so the precedent is only persuasive rather than binding, in the England 7 Wales courts, so may not even be followed. In which case you would need a lot of money to appeal against the decision), BUT are you 100% sure that the police wont be able to prove that you were the driver (since the offence has been committed and they will have photographic evidence of it - but they have to prove WHO the driver was). Who is the registered owner of the vehicle, what are the insurance particulars (named drivier/more than one driver...etc), what is your alibi for that time and date? You would need to consider all of those and more.
Dont do something if you cant deal with the consequences, however unjust and remote you think they may be.
If you pay the fine - you get the points AND an automatic ban for totting up.
If you go to court - you may have to pay the fine, legal costs and get banned BUT you may not get banned. Not THAT much more to lose, and at least there IS a possibility that you will not get banned, even if its a very slim one. But at least with this option it does exist. And even tho it'd cost more with legal costs, they will only be between ?30 to ?200 for the initial hearing (unless you appeal, but you need grounds for appeal too. i.e. it must be on a point of law, and not because 'i am not happy with the decision, i wanna be heard again') and the whole process would be delayed. It'd take time till the hearing, then you would get more time to pay and etc.
I say - GO TO COURT and see what happens. Some people do get off, it could be you. If you don't try, you wont know.
(I also have 9 points, but 3 of those are no longer 'active' and will be removed in another year).
white nova, 2 yrs is not true
14 days for them to post u a NIP, meaning put it in the post so after 16 or so days its cool
if your 2 years theory is true i still might get done for running that red light when i was following MC in the early hrs of the morning november 2001 LOL! :P
breeny knows wot im on abt, film was empty which was lucky :D
NoVa_KhAn
03-10-03, 01:04 AM
7 days ban LOL how pathetiq are they!!! id love 2 slap a judge and get away wiv it!!! :lol: :twisted:
:lol:
u must remember he will still have to declare the ban which the insurance wont like, just cause its 7 days who cares, its still a ban which doesnt look good.
when insuring your car they normally ask for any points in 3/5 yrs etc and normally ask abt bans over a longer period, im effect yes u will only get a week without driving but its bad cause the long term effects will be a nightmare!
will
does that mean you can sell your rear headrests and engine to me?
u after black headrests anton?
i got some nova gsi black headrests F/S
nah the small corsa ones that are on corsa c's
lewisbinney
03-10-03, 12:51 PM
don't sign it and send it off
then wait and see :?
as for the insurance. i have declared it and it didn't go up. the down side is. 7 days actual ban, which you cant complain at. but insurance company's will only put down a 1 month ban. as it's the min the comp will allow them.
The killersw for me was that i live in the north west, had to go to guildford by london for it. got my bro to take me. and when the lawyer was pleeing for me, my bro ripped up laughing. :oops:
DUNOVA.
03-10-03, 06:23 PM
You can offer to big a bigger fine and have the points waved!
Powered by vBulletin® Version 4.2.5 Copyright © 2025 vBulletin Solutions, Inc. All rights reserved.