Speeding fine, points and insurance.

gingermagic

Hello all,

We just received a speeding fine acquired from from a hand held speed camera a couple of weeks ago. We were doing 48 mph in a 30 mph area. Quiet country road on a weekend. Neither my wife of myself can remember which one of us was driving at the time. I already have 6 points on my licence for speeding, my wife has 3.

If we were to choose which one of us takes the points, what would be the implications in terms of insurance premiums and excess? Is 6 points each better or worse than 9 points for one driver and 3 points for the other?

I have a friend who contested a speeding fine and won, but he spent £1500 on a lawyer that could do that for him. We don't have that kind of money. We've just been stung by car problems to the tune of £2000 and have no spare cash what so ever at the moment.

Is there anything I can do?

If not, what's the best damage control in terms of the points and insurance?

Thanks

paddedjohn

its illegal to take the rap for someone else, that said is there any photo's of the car that may incriminate you or your wife? if not then it was probably the driver with 3 points at the wheel. who's points are due off their licence first?

Nilrem

First up, as has been said if you know who was driving you should be honest - It's a much more serious offence to lie about it to let one person get away with less points than the actual speeding offence (perjury/perverting the course of justice are I believe the most likely offences in that case*).

If you cannot honestly say then say so on the form, and ask if they have a picture or anything, but most importantly try to be as honest as possible.

As for insurance, I suspect the 9 points for speeding is probably going to be worse than 6 each, as I think many companies pretty much ignore a couple of speeding fines per person.

I would also suggest lifting off the pedal a bit, both of you as 50%+ over the speed limit is a tad excessive in most cases (I can understand a few mph over in a 30 under some circumstances but nearly 20mph over..you were very close to the point at which it would have been court rather than an FPN).


*And having that on your record will not be good for insurance (they really don't like that sort of thing)...

NeverAgain_2

Why is honesty the last resort for some people instead of the first?

By trying to 'work the points' you are risking a charge of perverting the course of justice.

A conviction for that means the pair of you are officially liars, which the insurance company will not like at all.

If you genuinely cannot recall who was driving, you need to ask if there is any photographic evidence.

Try driving the same route, one of you might remember when you swapped drivers at a coffee stop, or have their memories jogged in some way:

"I know I was driving on this bend because I was cut up by some idiot who was speeding, and I know we didn't stop between here and where we were done, so it must have been me."

You say you are short of money.

Slowing down a bit would save you petrol, save you fines for the inevitable speeding convictions in the future, and save you money on insurance as your licences become clean.

sarahg1969

OP, you are heading for trouble, if yu're thinking of lying.

Write to the police/SCP, asking for photos to help you identify the driver (don't mention "evidence", as you're not entitled to see that at this stage).

I'm sure if you get your heads together, you'll remember who was driving, and will be able to complete the forms correctly. No one will advise you to do anything else. Lying is simply not on.

HappyMJ

gingermagic wrote: »

Is there anything I can do?

If not, what's the best damage control in terms of the points and insurance?

Thanks

The best thing (in my opinion) to do is take the option of going to court and try to convince a judge that both of you have no idea who was driving and plead not guilty to the offence. If you win neither of you will get any points. If you lose the judge will decide who should take the points based on your and the prosecutions evidence. You don't "need" a solicitor or lawyer you can use the duty solicitor in the court for free. It could cost you a lot more than paying the penalty but then again it might save you a lot more too.

Rolandtheroadie

I remember a case when an old guy got jailed for taking points for his son.

http://www.timesonline.co.uk/tol/news/uk/crime/article2017307.ece

And is it not a possible 6 points if you dont say who was driving?


Start getting quotes for the person that was most likely to have been driving, declaring their new total and see what the costs are.

How long have the points been on the licenses? When I declared mines to my insurer (took the policy out the day before I got the NIP) there was no change for that year.
By next year is there some over 3 years old? Some companies only look for you to declare back 3 years.

NeverAgain_2

...The best thing (in my opinion) to do is take the option of going to court and try to convince a judge that both of you have no idea who was driving and plead not guilty to the offence...

The problem with this is you are effectively refusing to name the driver, on offence known as 'failure to furnish' which carries six points and a fine of several hundred.

It is designed to make refusing to name the driver an unattractive option.

In cases of extreme speed, the speeding penalty might be higher than the failure to furnish.

There have been people who have worked the system by deliberately taking a failure to furnish penalty, because it would have been less than they were expecting from the speeding offence itself.

HappyMJ

NeverAgain wrote: »

...The best thing (in my opinion) to do is take the option of going to court and try to convince a judge that both of you have no idea who was driving and plead not guilty to the offence...

The problem with this is you are effectively refusing to name the driver, on offence known as 'failure to furnish' which carries six points and a fine of several hundred.

It is designed to make refusing to name the driver an unattractive option.

In cases of extreme speed, the speeding penalty might be higher than the failure to furnish.

There have been people who have worked the system by deliberately taking a failure to furnish penalty, because it would have been less than they were expecting from the speeding offence itself.

The OP started by saying neither of them remember who was driving. That they couldn't afford £1500+ for a solicitor and one of them should take take the points. The general reply to the OP is that he is lying. If he genuinely cannot remember who was driving then it is a valid defence to a "failure to furnish" charge. A solicitor will be required to successfully defend this.

mchale

OP, you say you received the paperwork for a speeding fine a couple of weeks ago, you do realize that the NIP has to be sent
to the registered keeper of the vehicle within 14 days of the offence, if it has not you do have a valid defense to fight with

ElkyElky

gingermagic wrote: »

We were doing 48 mph in a 30 mph area. Quiet country road on a weekend.

Neither my wife of myself can remember which one of us was driving at the time. I already have 6 points on my licence for speeding, my wife has 3.

Hahaha! That's what they all say. Of course you remember who was driving, you just don't want to fess up knowing you'll receive another 3 points and get banned for totting up. Such a nice husband you are getting your wife to take the blame. (but you're cleverly disguising it in that post to see the consequences of naming someone else as the driver)

Here's a tip.. next time, slam the brakes when you see a police car conveniently sitting at the side of the road (I do and it works every time!).