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M42 cameras?

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  • Ergates
    Ergates Posts: 3,033 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I can say that at least this camera was active even though the gantry didn't have a restriction in place and that this behaviour has changed or is inconsistent.
    ...
    ...
    Enabling speed cameras when the gantries have no speed restrictions in place seems entirely unnecessary to me on a motorway :(

    In this case was 94 mph... I suspect £££ is the motivation! :(

    There is always a restriction on doing 94.
  • facade wrote: »
    You were lucky to get 3 points and £100 fine for 94mph. As keep pedalling says, 91-100 on a motorway is band B territory.

    Yes, I was surprised and double-checked the NIP and sentencing guidelines to make sure I understood it correctly. Perhaps the sentencing guidelines are only for when something like this goes to court rather than the fast-track fixed penalty system? i.e. along the lines of "if you take responsibility for your actions now and make it easy for everyone, that'll be factored into the punishment".

    For anyone who's interested, I found the sentencing guidelines here: sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/
  • TooManyPoints
    TooManyPoints Posts: 1,579 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    You were lucky to get 3 points and £100 fine for 94mph.

    Not at all. The NPCC's guidelines suggest offering a Fixed Penalty up to and including 95mph. 96 mph is the usual threshold for court action.
  • Car_54
    Car_54 Posts: 8,837 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Yes, I was surprised and double-checked the NIP and sentencing guidelines to make sure I understood it correctly. Perhaps the sentencing guidelines are only for when something like this goes to court rather than the fast-track fixed penalty system? i.e. along the lines of "if you take responsibility for your actions now and make it easy for everyone, that'll be factored into the punishment".

    For anyone who's interested, I found the sentencing guidelines here: sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/
    There's a clue in the title: "Sentencing Guidelines for use in Magistrates' Court".
  • TooManyPoints
    TooManyPoints Posts: 1,579 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    And looking back through this old thread I noticed this:
    Don’t be so sure, I had a nip notice reminder 4 weeks after the offence, technically they don’t have to do that. After checking and ringing the fines office, I was assured that the none delivery of a nip within 14 days meant nothing.

    The way it works is They assert the nip was posted and to refute reception then you have to go to court and make an declaration which resets it back to the 14 day period. You then have to submit a defence if you have any.... none delivery is not a defence unless the date on the nip is > 14 days and they’re not that stupid.

    That is not correct. If the driver was not warned at the time and a NIP is not served on either the driver or the Registered Keeper within 14 days of the alleged offence then no prosecution can succeed. The difficulty for the recipient of the NIP is that it is assumed to have been served two working days after it was posted. If it was not the burden falls on the driver to prove that to the court's satisfaction (provided proof that it was posted is forthcoming). If the court accepts late delivery it does not "set it back to the 14 day period". The prosecution cannot succeed. (Road Traffic Offenders' Act 1988, Section 1).
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