Speeding Fines - Please Help

[nickynack]

Hi

I got caught speeding (35mph in a empty 30-zone at midnight) last September, and the letter has never arrived at my house (dated 16th November) until 15th Feb (brought by police officers.)

Meanwhile, I got caught overtaking in November on the Edinburgh Bypass, which goes from a 70-50mph at 62 mph by a mobile speed camera van, and the letter came the day after the first one (16/02).

Paying it isnt the problem, I accept that I should have to pay the fines. But because I passed my driving test 25/02/2006, both offenses occured within 2 years of passing, which means that 6 or more points and i'll have my license revoked for 6 months and would have to re-sit my driving & theory tests.

If I lose my license, I would also have to give up my job, as I am a single parent and cant afford full time nursery for my youngest, so everyday, I take my eldest to school and youngest to Nursery and then, on my lunch hour, I go and pick her up from her morning nursery and take her to her free Afternoon Nursery, then go back to work, before finishing at 2.30pm so I can pick them both up.

I simply could not afford to place her full time, no matter what Tax creditas there where. I wouldnt have time to pick her up at lunch. i would not get to school in time to pick up the girls and the only alternitive is to quit the job i fought for for 18 months to get, which I love (and only had for 3 months.)

I understand I broke the law so please dont lecture me, I will take the points and pay the fine, but is there any way I could NOT lose my license??

Could I appeal in some way or take it to court and plead to the judge? I am willing to do most anything that would help me not lose my license!!!


Any Helpful suggestions?????

[ruthyjo]

Nicky - I don't think the first penalty can be applied. I'm not an expert but I think the Notice of Intended Prosecution has to be sent within two weeks of the offence so if you were speeding in September and the letter wasn't dated until mid November you cannot be penalised.

I recently (incorrectly as it turned out) thought I had been clocked speeding under similar circumstances. I looked at a website called www.peppipoo.com which has a lot more info on this fact and also a standard letter to return with the Notice of Intended Prosecution stating that legally you can't be prosecuted.

I hope it works out for you.

[Wig]

BTW I sent you a PM

Where is the car registered? Is it your car or company car for example?

Have you recieved a letter asking you to admit you were driving? i.e. an NIP? Gives 28 days to reply?

I also don't know if the Road Traffic Offender Act 1988 applies in Scotland or not - it refers to the 14 day delivery rule for NIP.

Peppipoo website has good info, but you will have to search it yourself, I think they just provide links to people who say "this is waht happened to me please tell me what to do" Rather than help each case on a case by case basis.

[Conor]

If both penalties apply, there's no way of really avioding a ban. You might be able to plead for your licence on the grounds of hardship but fewer people are finding this successful.

[pompeyrich]

If you were caught speeding by the police, i.e. actually stopped by them and told you may be reported etc. they have 6 months to get the summons to you. I say this as in your post, you mention a mobile speed camera for the 2nd offence but not the 1st. The 14 day limit only applies to camera offences.

Probably no help to you but in this day of cameras everywhere, I do think the 6 point rule should be changed to a case by case revokation as 6 points in 2 years hardly proves one is a bad driver.

[nickynack]

They are saying they sent the 1st one in September, 28th.

They told me the 1st time it was november 15th.

my lawyers calling me at 4 to discuss.

to be honest im brickin it!!

is it true they can only prosecute within 6 months??

[nickynack]

If you were caught speeding by the police, i.e. actually stopped by them and told you may be reported etc. they have 6 months to get the summons to you. I say this as in your post, you mention a mobile speed camera for the 2nd offence but not the 1st. The 14 day limit only applies to camera offences.

Probably no help to you but in this day of cameras everywhere, I do think the 6 point rule should be changed to a case by case revokation as 6 points in 2 years hardly proves one is a bad driver.


the 1st one was a fixed camera, and the second one they posted it to me as well. never stopped by police.

[Wig]

If you were caught speeding by the police, i.e. actually stopped by them and told you may be reported etc. they have 6 months to get the summons to you. I say this as in your post, you mention a mobile speed camera for the 2nd offence but not the 1st. The 14 day limit only applies to camera offences.
Not quite (IMHO) if they stop you for any offence the caution (or NIP) is done there and then verbally. But the 14 day limit is not restricted to camera detections. It is restricted to the offences indicated that it does apply to in schedule 1 of the RTOA 1988. For example a cop may not have told you of the possibility of being prosecuted for offence B at the time they told you about the intention to prosecute for offence A. In this case offence B would be time expired.

[nickynack]

sorry idont quite understand???

[Hintza]

They will claim that it was sent within the 14 days, I would have thought they would have sent a reminder which you possibly never got again and that one was redelivered by the police. I assume it was the last few days in September you were caught. So they are still within the 6 months and look as if they are going to pursue it.

I would probably get the 2nd one paid pronto (might be helpful if/when the arument starts). Afraid you will just have to allow the lawyer to fight your corner. Because they will say they posted it out to you.

[nickynack]

lawyer advises to take the points, fine and revoke and re-sit both tests asap.

nightmare.