Speeding fine: 36mph in a 30mph road

beardo74

Hi,

I received a speeding ticket in Eastbourne. I'm alleged to have done 36mph on a 30mph road. I live in London and the A roads here are mainly 40mph so I've misjudged this one. Apparently this camera has caught lots of people out. i'm unable to post the web link but if you Google 'speed camera on willingdon road eastbourne' the first link is 'Pensioner vows to fight speeding fine - Eastbourne Herald'.

I need to return the Notice of Intended Prosecution form to the Police. I've been driving for over 20 years and this is the first time I have received a fine.

Will the police take that into consideration and offer me a Diversion Course as I really don't want to have three points on my licence (I have never had points on my licence).

What are my rights, can I appeal and is there a procedure I should follow?

Any advice would be greatly appreciated.

Thank you.

HO87

At 36mph you are well within the bracket that would be offered a speed awareness course. The NIP bit is the official section of the process. Once you have returned that (don't forget to sign it) you will ber offered the course thereafter.

There is no appeal as such unless you consider going to court a reasonable method of appealing. Court will cost you more.

esmerobbo

You probably will be offered a course.

http://www.sussexsaferroads.gov.uk/the-speed-awareness-course.html

It quotes the NIP needs to be replied too within 14 days for a SAC.

tykesi

can I appeal

Why could you appeal? Weren't you speeding? If you've been driving for 20 years I'd imagine you'd understand the rules of the road by now, maybe a re-visit of the highway code is in order? Speed awareness course would do you good by the sound of it!

beardo74

Many thanks for the advice.

kind regards.

bargepole

tykesi wrote: »

Why could you appeal? Weren't you speeding? ....

He said that he is 'alleged' to have been doing 36mph.

As this is a fixed GATSO camera, the SCP will have sent him two photographs taken 0.5 seconds apart. He should count the number of hash marks travelled between the two photos, and find out whether the lines are either 2 metres or 5 feet apart (both types are in use).

From this, he can calculate the true speed of the vehicle, which must by law be within 10% of the indicated radar speed of 36. If it is, then returning the NIP form and accepting the offer of a Driver Awareness Course is the best option.

If it isn't, he still has to return the NIP to confirm driver's identity, but could then elect not to accept the offer of a course or fixed penalty. He would then be summonsed in due course to appear at the Magistrates' Court, where his defence would be that the Secondary Check was not properly carried out, and therefore the evidence is inadmissible.

If the Mags found him guilty anyway (which they often do), he would then be able to appeal the conviction at the Crown Court, where it would be heard by a properly qualified Judge.

SailorSam

bargepole wrote: »

If the Mags found him guilty anyway (which they often do), he would then be able to appeal the conviction at the Crown Court, where it would be heard by a properly qualified Judge.

The trouble with taking it as far as the Crown Court is always going to be the cost, even when people think they're in the right most will decide not to push it that far.

HO87

bargepole wrote: »

If the Mags found him guilty anyway (which they often do), he would then be able to appeal the conviction at the Crown Court, where it would be heard by a properly qualified Judge.

Assuming that the original Not Guilty plea trial in the Magistrates wasn't heard by a legally qualified District Judge in the first place.

Given that speeding is a strict liability offence if you are proved to be the driver of a vehicle and the magistrates (lay or DJ) are satisfied as to the validity of the evidence of speeding (involving the vehicle in question) they have no option but to find the case proved.

The OP would be lucky to walk away from the magistrates with his pockets light to the tune of only £120 and have 3 points on his licence.

To my way of thinking, setting aside the rather pointless self-martyrdom argument, swallowing one's pride and stumping up for the SAC is a far better option.

liseylou

In my experience, it depends on the issuer as to whether or not you will be offered an awareness course. But this won't be the end of it as your car insurance company may penalise you regardless. Admiral ask if anyone has any convictions etc etc, but that this also includes Drivers Awareness Courses, then they loan the premiums accordingly.

Therefore, you may wish to think wisely before you pay extra to attend the course, just to avoid 3 points. As the long term cost could be higher.

Dorset Council are very strict - I went through an AMBER light and called to ask for photographic evidence. The operator told me the light was turning red therefore the points were valid. I asked if I could attend a course and they declined, but changed their minds and invited me to attend the following week.

skivenov

To be fair, if you've been driving for 20 years, I doubt a single speeding ticket will make much difference to your insurance. Add the cost of the fine on and it's probably still less than what it'll cost you to go to court and pay what they think is appropriate, plus costs, plus a victim surcharge.

And if you're lucky, they'll offer you a course. Costs the same-ish as the ticket, you can normally do it somewhere local to you, and they normally make nice coffee.

HO87

skivenov wrote: »

To be fair, if you've been driving for 20 years, I doubt a single speeding ticket will make much difference to your insurance. Add the cost of the fine on and it's probably still less than what it'll cost you to go to court and pay what they think is appropriate, plus costs, plus a victim surcharge.

And if you're lucky, they'll offer you a course. Costs the same-ish as the ticket, you can normally do it somewhere local to you, and they normally make nice coffee.

...and biscuits. Although I hasten to add that I have never done a course and rely entirely on la HO87's experience. She has now done two of them (over 5 years) and swears that the biscuits were cheaper the second time around although the coffee was nicer.