Hubby has a speeding fine

bargepole

Toots wrote: »

Hi bargepole,

That sounds promising then. Any ideas on what my hubby should do next?

The first thing he must do is send back the form nominating himself as the driver - he has 28 days to do this, use them all.

Next, go to the forums at www.pepipoo.com and post the details of this in a new thread under "Speeding and other Criminal Offences". Include scans of the photos they sent, but blank out any serial numbers, registration numbers etc.

The guys there (I'm one of them) will give you specific advice on next steps, which I'm sure will be to wait for the fixed penalty offer if they send one.

bargepole

Toots wrote: »

Does that mean that you have to have to wait for the fine and then elect to go to court to fight it rather than be able to quote the ACPO code to them to prevent a fine from being sent out in the first instance?

If so it just seems a shame to have to waste public money on a court procedure. Can't we just send a letter with the completed NIP quoting the ACPO code to head them off at the pass?

Unfortunately, the system doesn't work like that. The police will initially send you a Conditional Offer of a Fixed Penalty - this is not a fine (only courts issue those), in the hope that you will pay up and save them the trouble of proving the offence in court.

If you decline to pay the fixed penalty, they will pass it to the CPS for prosecution, and this is where the fight begins. It often happens that, by pointing out the flaws in their "evidence", they will drop the case before court, otherwise you have to be prepared to go to court and argue the case in front of the magistrates.

bargepole

Toots wrote: »

Hi bargepole,

I presume a magistrate can extend larger fines than the £60 on a fixed penalty. Do you have any idea what the worst case scenario would be if my hubby went to court and lost?

- Level of fine?
- Can the number of points on his licence be more than the 3 he would incur if he just pays the fine?
- Would he have to pay court costs? (wouldn't bother with a solicitor)

The only way he wants to contest is on the basis of there being two cars that may be in the measurement field contrary to the ACPO guidelines.

For 40 in a 30 limit, they would probably impose a fine of £100 + prosecution costs of around £150, and possibly 4 rather than 3 points. But I don't think it'll come to that, I've put some more info on your thread in pepipoo.

makemesumdosh

hi,
anyone offer me advice, the wife was doing 47 in a 40 zone when she spotted the police van with camera pointing out back window before she braked, my concern is how did the police manage to get the van parked up on the grass in the middle of a dual carriageway with traffic going in both directions.
to do this they would have to mount the kerb to park up and the same when they had to leave, is this legal ? are they allowed to get away with this

gordikin

makemesumdosh wrote: »

hi,
anyone offer me advice, the wife was doing 47 in a 40 zone when she spotted the police van with camera pointing out back window before she braked, my concern is how did the police manage to get the van parked up on the grass in the middle of a dual carriageway with traffic going in both directions.
to do this they would have to mount the kerb to park up and the same when they had to leave, is this legal ? are they allowed to get away with this

I think they are. I queried this years ago when I got a ticket for parking from a police officer who had parked on a central reservation and then stood meekly whilst he told me he was able to do so and quoted the relevant section of the Road Traffic Act. Fortunately I appealed successfully on the basis the road markings were indistinct.

Coblcris

yes they are allowed.