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Worried Sick..can anyone offer advice....

I have received a notice of intended prosecution today...doing 30 in a 40 mile area...

I wasnt the driver its my friend who drives for me as it is a motorbility car...i cant drive.
It wasnt where we live but in a main city...i had to get over there as a family member had been taken seriously ill...and i had to see her.

It was on the journey home a camera must have clocked us,unfamiliar to the area but thats no excuse...i am worried sick my friend has a clean licence never done anything like this before and is there a chance she or i would be sent to prison...

thank you so much in advance.
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Comments

  • oldone_2
    oldone_2 Posts: 974 Forumite
    edited 23 June 2009 at 11:51AM
    Surely the offence was doing 40 in a 30mph area.

    What will happen is that if the car is registered to you and you were not driving, you will be asked to name the driver. Make sure you do this as soon as possible.
    The actual driver will in all probability get a fixed fine (I think it is £60 ), and 3 points on their licence. Neither you or your friend will go to jail.

    You will have the option of not taking up the fixed penalty fine, and asking for the case to be heard at your local magistrates court where you can argue mitigating circumstances. In your case I would advise against this as it may result in a higher fine.
  • sporedude
    sporedude Posts: 1,563 Forumite
    Best take the 3 points in this case
  • Thank you so much..yes of course i meant doing 40 in a 30 mile area...sorry...

    Yes i am sending the paper work of today and put her details...do you think motorbility will take the car off me ?
  • meant to add is the notice of intended prosecution a standerd letter they send...

    yes would if get the chance pay the fine i hope i get chance and they dont take us to court.
  • dieselhead
    dieselhead Posts: 599 Forumite
    First of all neither of you is going to prison, so stop worrying.

    You do need to deal with the paperwork, before you do anything you need to send back the paperwork and identify the driver, your friend. Once you have done this it will be in your friends hands and she will have to complete the paperwork and pay the fine and send her licence off to have 3 points applied. There is a possibility that as it is a first driving offence she may be offered a speed awareness course, this is a little more expensive but does mean she won't get the points n her licence.

    If you do decide to fight, (although like the poster above, I think it can be too much of a risk) or even if you don't decide to fight a very useful website is pepipoo.com
    2009 wins: Cadburys Chocolate Pack x 6, Sally Hansen Hand cream, Ipod nano! mothers day meal at Toby Carvery! :j :j :j :j
  • Thanks so much...oh no we wouldnt fight it.....

    Do you think she may loose her licence because of this...

    sorry i am such a worrier...
  • dieselhead
    dieselhead Posts: 599 Forumite
    Thank you so much..yes of course i meant doing 40 in a 30 mile area...sorry...

    Yes i am sending the paper work of today and put her details...do you think motorbility will take the car off me ?

    No I don't think they will, they may not even find out, and even if they do, these things happen.
    meant to add is the notice of intended prosecution a standerd letter they send...

    yes would if get the chance pay the fine i hope i get chance and they dont take us to court.

    If you send your paperwork off within the timescale and your friend does the same you will not go to court.
    2009 wins: Cadburys Chocolate Pack x 6, Sally Hansen Hand cream, Ipod nano! mothers day meal at Toby Carvery! :j :j :j :j
  • dieselhead
    dieselhead Posts: 599 Forumite
    Thanks so much...oh no we wouldnt fight it.....

    Do you think she may loose her licence because of this...

    sorry i am such a worrier...

    No she will not loose her licence, the worst that will happen is that she will get 3 points. If she is lucky she may get offered a speed awareness course and will not get the points.
    2009 wins: Cadburys Chocolate Pack x 6, Sally Hansen Hand cream, Ipod nano! mothers day meal at Toby Carvery! :j :j :j :j
  • sporedude
    sporedude Posts: 1,563 Forumite
    She wont lose her license no, Theyll just add on 3 points, I think you lose it at 6, Not sure.
  • Thanks your all just wonderful for replying so quickly .
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