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Legal matters

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Original poster

NIP for 40 in a 30

19 replies

IKnowImWrong · 05/04/2023 12:38

Hi,

hoping for some advice on what to expect. I’ve changed my username.

I know I’m in the wrong but before people castigate me this was genuinely an error - lack of concentration - and I know I’m fortunate that there are not more severe consequences.

I have had a notice of intended prosecution for being found doing 40 in a 30 zone.

I fully accept this and have returned the notice confirming my details.

Does anyone know what the next likely steps are? I swear I am not a habitual speeder but I have also completed a Speed Awareness course just under a year ago so is this taken in to consideration?

thanks for any advice

OP posts:

prh47bridge · 05/04/2023 13:18

You won't be offered another speed awareness course.

You will probably get a fixed penalty with 3 points on your licence and a fine of 25%-75% of your weekly income. However, in some circumstances, e.g. if the offence took place near a school, you may need to appear in court, in which case you could face a larger fine.

Original poster

IKnowImWrong · 05/04/2023 13:22

Thank you. Would you know if I will need to appear in person or will it be decided in my absence?

thank you again - your information is much appreciated. I am been driving for over 30 years and I’m becoming anxious, not sleeping and losing my driving confidence.

would completing an advance driving course help do you think?

OP posts:

prh47bridge · 05/04/2023 13:25

If you receive a fixed penalty, there will be no hearing and no need to appear in court. However, if the authorities think the offence may justify a larger fine, you will need to appear in court.

JustanotherJP · 05/04/2023 13:29

prh47bridge · 05/04/2023 13:18

You won't be offered another speed awareness course.

Agreed, with the exception that the chance is you will be offered a fixed penalty of £100 and 3 points from the police at that speed.

If you're offered the fixed penalty grab it, if not then you may be prosecuted and "go to court". You can plead guilty by post and the chances are it will be dealt with in your absence using the "Single justice procedure" which is dealt without the defendant present. You will end up with the fine as prh47bridge says, but also be ordered to pay prosecution costs and a court surcharge of 40% of the fine. It ends up a lot more expensive than the fixed penalty.

Advanced driving course won't make any difference to the outcome of this speeding. That said, if you are losing confidence it would never be a bad thing to refresh.

JustanotherJP · 05/04/2023 13:31

Usually the only reason the court may insist you appear in person would be if there is a risk of disqualification. If you don't already have 9 points on your license and are not at risk of a "totting disqualification" (reaching 12 points) that is very unlikely at that speed.

Original poster

IKnowImWrong · 05/04/2023 14:07

Thank you for your advice both - it really is appreciated. I think I will do the advanced driving course even if it makes no difference to the outcome of this.

OP posts:

Original poster

IKnowImWrong · 12/04/2023 10:08

Just to update you - I received a 'Conditional Offer of Fixed Penalty' this morning so £100 fine and licence endorsed with 3 penalty points.

I've paid via the QR code.

Thanks again for your help and advice on this.

OP posts:

JustanotherJP · 12/04/2023 15:52

IKnowImWrong · 12/04/2023 10:08

Just to update you - I received a 'Conditional Offer of Fixed Penalty' this morning so £100 fine and licence endorsed with 3 penalty points.

I've paid via the QR code.

Thanks again for your help and advice on this.

Pleased that is what has happened. Please do make sure to check if you have to send your license in, you certainly used to but that may have changed with Covid.

We see people in court where they have paid the fine but forgotten to send their license in. The fixed penalty then got cancelled, they get refunded (but don't always notice the £100 back in their account) and then end up in the court system. I don't think the forms are always clear so do make sure you triple check and phone the number if you are unsure. (Take a note of when you call and who you speak to if you call.)

Original poster

IKnowImWrong · 12/04/2023 16:18

Thanks @JustanotherJP I'll check - I just paid up and haven't actually read through properly so I'll do that now.

OP posts:

Laffinalltheway · 13/04/2023 12:15

Don't think you have to send in your license anymore, the points are added 'virtually'. They don't visibly show up on your photo license.

prh47bridge · 13/04/2023 12:48

Laffinalltheway · 13/04/2023 12:15

Don't think you have to send in your license anymore, the points are added 'virtually'. They don't visibly show up on your photo license.

You don't have to send your license to DVLA, but you do still have to hand it over to the local Fixed Penalty Office.

Original poster

IKnowImWrong · 13/04/2023 12:59

I went back and reread the letter and I still couldn't see anything about my licence so I asked my DH to read it through and he showed me the section where I had to fill out my licence number, issue number, the issued on and valid to dates, and confirm the name and address details are correct.

So, no, the actual physical licence didn't need to be sent but a form had to be completed and posted separately to paying the fine.

It wasn't stand out obviously clear and I hadn't read it properly so I am extremely grateful to JustanotherJP for pointing this out as I would have ended up with my fine refunded and having to 'go to court' as I was completely unaware of this part of the process.

It was posted tracked at the post office this morning.

Thank you once again for the advice I've been given - I sincerely appreciate those who took time to dare their expertise.

OP posts:

Laffinalltheway · 13/04/2023 13:25

IKnowImWrong So, no, the actual physical licence didn't need to be sent but a form had to be completed and posted separately to paying the fine.

Didn't think so. I didn't have to send my license off. Just filled in the FPN form and sent that off. Mind you, that was about 7 years ago.

On a seperate note, does anyone know how long the points stay on the license? 10 years rings a bell, but not sure.

Original poster

IKnowImWrong · 13/04/2023 13:45

i think it’s 5 years but going by my track record I could be wrong!

OP posts:

JustanotherJP · 13/04/2023 14:16

I'm glad it was useful. I thought the procedure had changed recently or was about to change and obviously you still do need to fill in another form rather than physically send it off.

Usually points are active for 3 years (i.e. for 'totting-up purposes' but stay on your license for 4 years. The date of points is usually the date of the offence rather than the date of conviction (for speeding anyway, this varies by offence).

For some offences, like most drink or drug driving related offences then points can stay on your license for ten years. I am not expert on this but for simple speeding it's 3 years validity and 4 years on the license.

Karatema · 13/04/2023 14:39

And don't forget to declare it at the insurance renewal date!

Allywill · 14/04/2023 00:17

Came on here as my anxiety is going through the roof. I think I have probably been caught speeding - I spotted a van and slowed but I expect it was too late. I was probably doing about 38 in a 30, no excuses I was not paying attention- in fact earlier today I pulled out of a junction when I shouldn’t have so I know I have been distracted all day - a lot on my plate at the moment with some family issues going on - but as I say no excuse. I have only ever had one speeding ticket in 2001 so hopefully I will be offered the speed awareness course. I just need to try and calm down as at the moment I am letting my mind run away with me imagining being banned, losing my job etc which is daft I know but it is how my brain works unfortunately. I do have to do a long drive tomorrow so on the positive side I will be hyper focused on paying attention, as long as I can get some sleep and stop fretting.

purpledalmation · 14/04/2023 22:30

You need to let your insurer know too. It's so easily done. My sat nav warns of speed cameras so maybe use that?

Original poster

IKnowImWrong · 08/05/2023 16:48

It just occurred to me I should update for completeness as others seem to have found this useful yoo - the sheet I sent off with my name, address and license number on was returned to me with a red stamp to show that it had been processed and no further action was needed. At least I knew it had been sorted then.

OP posts:

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