Dorset Speeding Fine

inmypocketnottheirs

cardomon wrote: »

Ever since then I've been as awkward as possible and its suprising how many times they back off.

I absolutely agree 100%. But if you get summonsed to court and plead not guilty you won't get anywhere. You can try and get the Police/CPS to drop the prosecution by challenging if the equipment was calibrated etc etc, but the likelihood of this getting you off is slim.

My point is there is no defence in law to speeding. Unless you can prove that you weren't, or discredit the evidence to create doubt on its reliability, then either accept the 3 points and £60.

I would opt for the speed awareness course. But that's just an opinion.

ventureuk

cardomon wrote: »

Where to start with the pay up replies.

You may all be right but I refuse to make it easy for them.

Some years ago I "ran" a red light. I sent Dorset police a very polite letter appologising if I had, but asking if I could see the photo.

I recieved a rude letter back telling me how serious the offence was, ranting on about how many die on the road and how many people had been seriously injured at road junctions.
In fact the offence was so serious they had decided not to take the matter any further and no i couldn't see the photo.

Had I not played up about that ticket they would have just taken the money and ran. They wouldn't have looked at the photo and said they were wrong.

Ever since then I've been as awkward as possible and its suprising how many times they back off.

Just so I'm clear...you speed but consider being caught unjust and want to challenge the system and have previously driven through red traffic lights but sent a letter in saying sorry.

Are you sure you aren't from South Wales ?

http://www.thisissouthwales.co.uk/Wife-offers-work-brothers-caused-husband-s-crash/story-16274282-detail/story.html

OP you are your own or another motorists death waiting to happen and don't sound fit to be on the road.

Sgt_Pepper_2

inmypocketnottheirs wrote: »

I absolutely agree 100%. But if you get summonsed to court and plead not guilty you won't get anywhere. You can try and get the Police/CPS to drop the prosecution by challenging if the equipment was calibrated etc etc, but the likelihood of this getting you off is slim.

My point is there is no defence in law to speeding. Unless you can prove that you weren't, or discredit the evidence to create doubt on its reliability, then either accept the 3 points and £60.

I would opt for the speed awareness course. But that's just an opinion.

If the summons weren't laid within 6 months, then don't say for the course, just have it thrown out in court.

vaio

inmypocketnottheirs wrote: »

.........My point is there is no defence in law to speeding. Unless you can prove that you weren't, or discredit the evidence to create doubt on its reliability, then either accept the 3 points and £60.

I would opt for the speed awareness course. But that's just an opinion.

The OP hasn't advanced any but in law there are a couple of defences to speeding apart from the obvious ones involving either you not doing it or the police not being able to prove it.

If, as seems likely, the OPs case is out of time then it would be silly to opt for the awareness course or fixed penalty

victor2

cardomon wrote: »

Ever since then I've been as awkward as possible and its suprising how many times they back off.

So you're a habitual law breaker when it comes to driving - because you're confident you can get away with it?

Johnmcl7

It sounds like they have made an error and have issued the Conditional offer of a Fixed Penalty (CoFP) in the hope you'll accept it which means they get away with the error.

They have six months from the date of offence to lay information to the court, it can be several months after that before a summons is issued though. However, they cannot lay information to the courts while the offer of a CoFP is active as they have to suspend legal proceedings until the offer expires (usually 30 days). So if for example they issued a CoFP two weeks before the six month timeout and the person doesn't accept the CoFP, they're too late as the six month window will have passed by the time the CoFP expires. However sometimes they will still issue a CoFP after the timeout in cases like yours where they've missed the six month limit and threaten prosecution even though they can't take you to court if you don't accept the CoFP. If they had laid the information to the courts in your case, it wouldn't make any sense to send you a CoFP nor are they allowed to.

A word of warning for future cases though, be careful what you're doing particularly in regards to naming the driver, you must make sure you name the driver within the time limit regardless of whether you have asked for photos or further information. If you don't, the failure to furnish offence is entirely separate to the original traffic offence and on conviction carries a hefty six points and an insurance unfriendly MS90 code.

John

cardomon

ventureuk wrote: »

Just so I'm clear...you speed but consider being caught unjust and want to challenge the system and have previously driven through red traffic lights but sent a letter in saying sorry.
.

Back in the days of the red light I was very pro-police.

The set of lights were a set I knew well, I had rolled up to them, on red and would have held my hands up if they had produced the picture to back up what they had alledged.

What stuck in the throat wasn't the ticket, it was the way that a simple request for evidence was met with an officious letter but they dropped the ticket. Their reaction was that of the bully who thought he'd found the perfect scam for your lunch money, only to have you say no you can't have it and walk away.

How many people just say yes and pay the ticket because its "easy" (which is what they're for) that to me is no basis for law. Fixed penalties and on the spot fines have extended beyond motoring offences, and its wrong.

Paradigm

Sounds to me like the Police have cocked up (it happens) &, for whatever reason, have let the "offence" time out.

They have now realised their mistake & are now bluffing by offering the fixed penalty again, hoping you'll accept it.

In your position I'd ignore this latest "offer" & see what happens

Sgt_Pepper_2

cardomon wrote: »

Back in the days of the red light I was very pro-police.

The set of lights were a set I knew well, I had rolled up to them, on red and would have held my hands up if they had produced the picture to back up what they had alledged.

What stuck in the throat wasn't the ticket, it was the way that a simple request for evidence was met with an officious letter but they dropped the ticket. Their reaction was that of the bully who thought he'd found the perfect scam for your lunch money, only to have you say no you can't have it and walk away.

How many people just say yes and pay the ticket because its "easy" (which is what they're for) that to me is no basis for law. Fixed penalties and on the spot fines have extended beyond motoring offences, and its wrong.

So did you cross the line on red or not?

cardomon

Sgt_Pepper wrote: »

So did you cross the line on red or not?

As I said i knew the lights, it was late at night. deserted road.
If the photo had come back with me over the line I would have cursed my bad timing and paid the fine.
Regardless of my deserted road comment it is a fast junction, if I had jumped those lights then I would have deserved the fine and taken it on the chin.
Why if I was guilty would you not produce the photo ?
Of course that also begs the question, why if the photo didn't show my guilt would you send the ticket ?