Notice of Intended Prosecution received - any advice?
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- Despatch Rider
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Notice of Intended Prosecution received - any advice?
hi all,
after 25 years plus of clean licence,
I received the above notice this week from the Cambs Constab, 59 mph in a 40, at 23:59
I am thinking that I be best just accepting it and hoping the points and fine aint too great,
I could add a letter, it was late, empty road, 25 years no convictions, etc
but, any advice from anyone greatfully received.
Skinny
after 25 years plus of clean licence,
I received the above notice this week from the Cambs Constab, 59 mph in a 40, at 23:59
I am thinking that I be best just accepting it and hoping the points and fine aint too great,
I could add a letter, it was late, empty road, 25 years no convictions, etc
but, any advice from anyone greatfully received.
Skinny
- HowardQ
- World Champion
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- Location: Sheffield, South Yorkshire, England
Would agree with Samray's comment above.
Also, you can't really to refuse admit it was you by not signing the document anymore, because from 24/9/07 you will get 6 points for refusing to declare the driver/rider, rather than the 3 for speeding.
Also, you can't really to refuse admit it was you by not signing the document anymore, because from 24/9/07 you will get 6 points for refusing to declare the driver/rider, rather than the 3 for speeding.
Last edited by HowardQ on Thu Nov 01, 2007 9:57 pm, edited 1 time in total.
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- SuperBike Racer
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It must have arrived within 14 days. Plenty on google about this.
You could ignore it. It's a lottery.
They only have so much funding to pursue people.
The risk of this is the fine could go up, but you're balancing this against the cost of your insurance hike.
When (if) they write to you asking why you didn't reply (In my case this was 4 months later), you can reply that you couldn't possibly remember who was driving at the time.
They have actually created a law amendment now which distorts newtons physical laws. They have said that if they post something first class, in legal terms it HAS arrived. WTF? but there hasn't been a test case.
They'll try and say you must sign the form. The only spaces to sign the form are "I am guilty" and "I state that this person is guilty". Ignore these boxes. Simply scrawl your signature diagonally across a different area of the form. You have then complied with the signature requirement.
Stick to your guns, and they'll probably drop it. If not, they'll just prosecute and you'll be back where you started. Nothing lost.
I've used this successfully when I was caught on an open, empty road doing 83 in a 70. And in another case where I had an NIP for when my brother caught a red light camera in my car, I completely ignored it and the reminder. Never heard anything else.
You can justify(ish) this morally with the argument that it is against your human rights to incriminate yourself. The forms say "how do you plead, guilty? or guilty?".
Don't go to court. They see this as a waste of their time, and it will be a magistrate, not a judge.
You could ignore it. It's a lottery.
They only have so much funding to pursue people.
The risk of this is the fine could go up, but you're balancing this against the cost of your insurance hike.
When (if) they write to you asking why you didn't reply (In my case this was 4 months later), you can reply that you couldn't possibly remember who was driving at the time.
They have actually created a law amendment now which distorts newtons physical laws. They have said that if they post something first class, in legal terms it HAS arrived. WTF? but there hasn't been a test case.
They'll try and say you must sign the form. The only spaces to sign the form are "I am guilty" and "I state that this person is guilty". Ignore these boxes. Simply scrawl your signature diagonally across a different area of the form. You have then complied with the signature requirement.
Stick to your guns, and they'll probably drop it. If not, they'll just prosecute and you'll be back where you started. Nothing lost.
I've used this successfully when I was caught on an open, empty road doing 83 in a 70. And in another case where I had an NIP for when my brother caught a red light camera in my car, I completely ignored it and the reminder. Never heard anything else.
You can justify(ish) this morally with the argument that it is against your human rights to incriminate yourself. The forms say "how do you plead, guilty? or guilty?".
Don't go to court. They see this as a waste of their time, and it will be a magistrate, not a judge.
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- Despatch Rider
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- Joined: Mon Jan 22, 2007 10:23 am
cheers for the advice, I have checked out 1 of these 'I can get you off' ads on the net,
they say, if you know you did it, it is better to roll over and pay up, anything other than this will result in increased fine.
Only if there is doubt over whether it was you or whether you actually did break the speed limit should you try their letters,
I guess I will think about it for a while, hmmmmmmmm
they say, if you know you did it, it is better to roll over and pay up, anything other than this will result in increased fine.
Only if there is doubt over whether it was you or whether you actually did break the speed limit should you try their letters,
I guess I will think about it for a while, hmmmmmmmm
Paulh wrote:Gio wrote:I'd go to court plead guilty but ask for a chance to say something.
Somehow I can't see that reducing the sentence in your case
Funny isn't it. I regularly speed and have been caught a few times on camera, mostly in the car, yet the only points I've had on my licence in the last 30 years are 3 that I put my name down for instead of my wife. The reason I did that was I have to inform my insurance co if any insured driver has 6 or more points.
- Samray
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Did you tell em you were in drag that day ?Gio wrote: Funny isn't it. I regularly speed and have been caught a few times on camera, mostly in the car, yet the only points I've had on my licence in the last 30 years are 3 that I put my name down for instead of my wife. The reason I did that was I have to inform my insurance co if any insured driver has 6 or more points.
It was a gatso not the other typeSamray wrote:Did you tell em you were in drag that day ?Gio wrote: Funny isn't it. I regularly speed and have been caught a few times on camera, mostly in the car, yet the only points I've had on my licence in the last 30 years are 3 that I put my name down for instead of my wife. The reason I did that was I have to inform my insurance co if any insured driver has 6 or more points.
Funny indeed that we have to go to such lengths. That's potentially perjury or perverting the course of justice. The latter is still in common law as carrying a maximum of a life sentence (though not in practice - max ever was 10 years).Gio wrote:Funny isn't it. I regularly speed and have been caught a few times on camera, mostly in the car, yet the only points I've had on my licence in the last 30 years are 3 that I put my name down for instead of my wife.
Law is an ass.
Indeed it is and I agree the law is an ass.BFG wrote:Funny indeed that we have to go to such lengths. That's potentially perjury or perverting the course of justice. The latter is still in common law as carrying a maximum of a life sentence (though not in practice - max ever was 10 years).Gio wrote:Funny isn't it. I regularly speed and have been caught a few times on camera, mostly in the car, yet the only points I've had on my licence in the last 30 years are 3 that I put my name down for instead of my wife.
Law is an ass.
But what makes me annoyed is that if there were more police about apart from stopping us breaking the law in that way, they might catch some criminals (no not the driver type) as well as the idiots who are a danger on the road.