Police Hand Held Speed Camera - Fixed Penalty HELP!

roughrider

Hi everyone


A few days ago, a policeman walked into the road in front of me and then pulled me over, claimed I was doing 42 mph in a 30 mph and I was 'accelerating' (this was up a hill)

I am not convinced I was going that fast

Also didnt really understand what he was saying (quite a lot of big words) and he also said 'anything you may say etc etc')

From what I can gather, they want to give me 3 points, a fixed penalty £ & he has given me a producer (go to local station and provide proof of stuff)...although this is on the same document so I maybe confused...I think it is a surrender of my Driver Licence for the fixed penalty?

I was also being chased that day by a van I cut up (and have a police ref number as reported the incident later that day)

However the officer did not ask me why I was speeding & im also not sure if this will even be looked at in a 'defence'

What are my best options of fighting this...I am not convinced I was doing the speed he indicated

thanks very much

bengalknights

Best to put this on http://www.pepipoo.com/ forums where there will be more help.

taffy056

Think you should try pepipoo for this as they are the experts, though on FPNs I think its probably best to bite the bullet and accept the £60 fine and 3 points, or if they got a speed awareness course to do that, here is the link for you

http://forums.pepipoo.com/index.php?showforum=5

roughrider

I just phoned Police, I think I have 2 options:

1) Go into the local police station I nominated with my Drivers Licence, surrender it and await the points
+ send in the money with the bottom half of the ticket £60.00 to the penalty office

2) Go into the local police station I nominated with my Drivers Licence & simply show or 'produce' the drivers licence...say I am not accepting the fixed penalty, I am contesting and then use the reverse of the bottom of the fine, to say I want to go to court

Now do I send in whatever the reasons I am contesting with that bottom half....?

Whatever happens, I believe this document is acting as a 'producer' and I at least have to go to the Police station and 'show' them my driving licence within 7 days

although to be honest I am still not 100% sure what this doc is saying

roughrider

taffy056, thanks...the policemen said I was going too fast (42 mph) to qualify for a speed awareness course, as I did ask actually...is he right?

esmerobbo

roughrider wrote: »

taffy056, thanks...the policemen said I was going too fast (42 mph) to qualify for a speed awareness course, as I did ask actually...is he right?

Different forces have different thresholds. its usually around 30 + 6 plus 10% so that would give you just under 40!
If he has issued the FPN then I doubt a course can be offered?
Unfortunately the only way to dispute anything is at court when you would have to convince a magistrate that you are right and the constable was wrong! Not easy at a magistrates court.
Also it will cost you a lot more at court!

kizkiz

roughrider wrote: »

although to be honest I am still not 100% sure what this doc is saying

It's quite clear what it's saying if you read it properly. Lots of info on the rear.
Essentially you have to do two different things
1. Produce your docs at the police station
2. Either pay the fine or request a court appearance

Paradigm

esmerobbo wrote: »

Unfortunately the only way to dispute anything is at court when you would have to convince a magistrate that you are right and the constable was wrong! Not easy at a magistrates court.
Also it will cost you a lot more at court!

+1

A roadside "pull" by the BiB with a speed measuring device is almost impossible to defend.
You will have to prove that the officer (or the speed gun) is wrong &, if you don't mind me saying,

I am not convinced I was doing the speed he indicated

isn't enough.

Losing in court will cost substantially more than the £60 FPN with the possibility of extra points.

TrickyWicky

roughrider wrote: »

A few days ago, a policeman walked into the road in front of me and then pulled me over, claimed I was doing 42 mph in a 30 mph and I was 'accelerating' (this was up a hill)

I am not convinced I was going that fast

In other words you have no idea because you weren't even looking at the speedo, had no intention of looking at it and didn't really care anyway.

roughrider wrote: »

I was also being chased that day by a van I cut up (and have a police ref number as reported the incident later that day)

So in other words, you were driving dangerously without due care and attention, nearly caused and accident, got followed, put your foot down to make a speedy getaway without any concern if the other person was ok and then you got caught.

Good. Drivers like you are a menace. Sorry if that offends you but its the truth.

roughrider wrote: »

However the officer did not ask me why I was speeding & im also not sure if this will even be looked at in a 'defence'

He doesn't have to ask. It's an offence as simple as that. The law doesn't allow you to make up excuses and self approve them in order to break the law. Frankly he's probably done you a favour by not asking because if you'd of given him the drivel you wrote above, you'd of probably been nicked on the spot for driving dangerously.

HO87

Paradigm wrote: »

Losing in court will cost substantially more than the £60 FPN with the possibility of extra points.

Even if the court mirrored the £60 to that you can add costs (currently in the bracket £43-£85) and the inescapable Victims Levy of £15 - and this is based on a guilty plea. If you actually pleaded not guilty then you could expect the fine to be higher and the costs would reflect the calling of witnesses etc. In addition, at the speed alleged, you fall into the 4-6 point bracket.

As others have said an EFPN for £60 and 3 points looks like something of a bargain, I'd suggest.

The officer may not have asked why you were speeding but as the offence is one of strict liability he is under no legal obligation to demonstrate that you knew you were speeding or that there was any reason for it. Any explanation, such as you suggest, (about the van) could only ever be used as mitigation and based on your brief description would probably make the hole deeper.

As much as it may wrankle I'd recommend taking the hit and moving on.

give_them_FA

I'm sorry but I have to agree with both of the above. You have not posted anything to suggest that the police officer did anything in any way improper, he was merely doing his job in a normal manner. You can say (and I agree) that people speed all the time; but if you get nicked, it's no excuse. I can't see any alternative to accepting it and learning from it.