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potential speeding ticket

Hi,

am looking for some clarity on a potential speeding ticket i may receive.

I was going 40 in a 30 zone when i saw the speed camera flash at me, as it doesnt know me, i'm assuming it doesnt want to be my friend and wants to issue me with a speeding ticket.

My question is whether there is any special dispensation as I was taking my 18mth old daughter to a&e as she was wheezing heavily, her breathing was fast and from her belly and had she trouble sleeping (can prove this from a&e dept records etc) and it was at 3am and i was the only sole driving at that time. Are the police likely to be more lenient with this matter?

Also, i've heard that the police may offer a driving awareness course instead of the fine and points (sounds like a money spinner to me!).

And last question, IF it comes down to the points, will it affect my insurance renewal?

thanks
«13

Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    To the last question - probably not. (At least it didn't used to). Insurance companies (used to) allow 1 speeding fine and 2 parking fines (real fines, not speculative invoices) without materially affecting the quoted price.

    Regarding mitigating circumstances ... you'd need to appeal against the NIP received. Instructions on how to do so should be on the NIP itself.

    PS - this board is really about parking and related fines, not fines in general.
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    fagin101 wrote: »
    ....My question is whether there is any special dispensation as I was taking my 18mth old daughter to a&e as she was wheezing heavily, her breathing was fast and from her belly and had she trouble sleeping (can prove this from a&e dept records etc) and it was at 3am and i was the only sole driving at that time. Are the police likely to be more lenient with this matter?
    That wouldn't be up to the Police, it would be up to the Magistrates. You would have to decline any offer of a fixed penalty, and opt for a Court hearing. There you would plead "special reasons" and present your medical evidence. If successful, it would mean they find you technically guilty, but with no fine or points
    fagin101 wrote: »
    Also, i've heard that the police may offer a driving awareness course instead of the fine and points (sounds like a money spinner to me!).
    That's at the discretion of the local force, if you were within 10%+6 of the speed limit. It costs about £90, but you don't get any points.
    fagin101 wrote: »
    And last question, IF it comes down to the points, will it affect my insurance renewal?
    Different insurers have different policies on that. You would have to phone and ask them.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    bod1467 wrote: »
    ... Regarding mitigating circumstances ... you'd need to appeal against the NIP received. Instructions on how to do so should be on the NIP itself....
    Wrong. There is no facility to "appeal" against a NIP, which in the first instance is just a request for the driver's details.

    Once they have the driver's name, they will get either an offer of a fixed penalty, or a driver awareness course. If they decline those, it goes to court.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    I wasn't sure. :o I've never had a postal NIP - I've only ever been stopped in person. :D
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The magistrates would want to know why you did not call an ambulance.
    Be happy...;)
  • Jordo
    Jordo Posts: 104 Forumite
    With regard to the speed awareness course, you will be offered this instead of points. It's about £80 and is four hours long, but is actually really good - I was dreading it thinking I would be patronised for an afternoon, but came away thinking everybody should have to sit it, not just speeders (I'm talking about you, people who don't indicate!). So don't worry about the course, it's actually really good.

    Points don't go on your license and so won't affect your insurance, but if you get caught again within two years you'll get a fine and points, so be careful.
    Spend what is left after saving. Don't save what is left after spending
  • Tilt
    Tilt Posts: 3,599 Forumite
    bod1467 wrote: »
    To the last question - probably not. (At least it didn't used to). Insurance companies (used to) allow 1 speeding fine and 2 parking fines (real fines, not speculative invoices) without materially affecting the quoted price.

    Regarding mitigating circumstances ... you'd need to appeal against the NIP received. Instructions on how to do so should be on the NIP itself.

    PS - this board is really about parking and related fines, not fines in general.

    Since when did parking fines become an endorsable offence?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You have 14 days to receive a NIP, so if it is late, save the envelope.
    With luck it may have been a dummy.
    Be happy...;)
  • Tilt
    Tilt Posts: 3,599 Forumite
    spacey2012 wrote: »
    You have 14 days to receive a NIP, so if it is late, save the envelope.
    With luck it may have been a dummy.

    Dosn't that depend on whether the driver is driving a hire or a recently purchased car though? I think the 14 days can be doubled to allow the police to trace the driver in those circumstances.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Its served to the registered keeper within 14 days , they have to name the driver, so at that stage the driver is not relevant.
    Sorry should have made this clear
    Be happy...;)
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