I have received a fixed penalty but do not intend paying because i was NOT speeding. What happens next and will I now get a higher sentence if convicted?
If you fail to pay a fixed penalty fine within 28 days, the fine will automatically increase by 50%. If you fail to pay that, a summons is issued for you to attend court. Due to the fact that these tickets were designed to save time, expense and inconvenience to the court you may safely assume that most Magistrates will normally increase the fine and often sometimes the number of points endorsed on the licence. Presumably you want to defend the case since you say you were not speeding. You need advise on the merits of your defence. Give us a call to discuss your case in detail and we will advise you on the merits of your case. Call free on 0800 011 97440800 011 9892 for FREE advice.
I have just been flashed for speeding, again. I have 9 penalty points on my licence and write to ask if this means I will be banned. I drive approx 20k miles per annum as an IT support worker in my own business. If I lose my licence the business will go down the pan.
If your nine points are within 3 years of the present offence (Going from offence to offence dates) then yes you are due to be disqualified under “Totting up procedures” All is not lost as you may be able to argue that “exceptional hardship” would occur if you lost your licence. If you can persuade the court that others would be affected badly, e.g. lose job, mortgage, business etc etc then you may persuade the court to impose the points but refrain from disqualification. You need experienced help to win such an argument as it is very difficult to persuade Sheriffs not to impose the disqualification that the law says they should impose!
If I am caught speeding by a camera and my photo is taken, do I still need to pay the fine?
Is there a technical defence to this charge even although the police have a photograph of you speeding? Yes, there can be several. One example is that the police have 14 days to serve a Notice of Intended Prosecution (Unless Hire Car or Company Car situation), Time bar of Copy Complaint, admissibility of your answer to the NIP etc etc. We need more information to enable you to make an informed choice about how to proceed. just give us call on 0800 011 97440800 011 9892.
I received a fixed penalty notice for speeding last May but ignored it. I have not received anything else, have I got off with it?
It looks like this case will indeed be time barred and will fall. If you do receive a copy complaint in the next few weeks then you should instruct your lawyer raise a plea to the timebar issue. Alternatively just attend court and when your case calls you will be asked to plead Guilty or Not guilty. Reply that you wish a debate to be fixed on the basis of timebar. If the Sheriff asks you why explain that proceedings have been taken out with the statutory time limit of 6 months and therefore the Crown are precluded from advancing their case by statute. We will be pleased to assist should the matter proceed. If the Crown can provide an explanation regarding the delay they may still be able to serve a competent complaint on you. Issues that might arise are that It was a company car, You have moved address since the incident. It was a rental vehicle etc
I’ve got a sp30 on my licence approx 4 years ago, can they be removed now, or does it need to be on for 5 years?
Only needs to be on for 4 years. Relevant for prosecution for 3.You can have them removed now. The charge remains as a conviction but cannot be taken into account as far as totting up provisions
I sent away my details on a suspected speeding offence, video van, 77 in a 60. I don’t think i signed it or i think it was in the wrong section, i have been sent an offer of £60 3 pts, what next?
You now have to decide if it worth defending and if you are going to engage a lawyer to defend the case. The unsigned NIP means that the prosecutor will have a document that is of very little use to him if they decide to prosecute. The unsigned NIP may provide an adminicle of evidence that you can be questioned about (If you give evidence) If you do not give evidence it will be difficult for the Crown to prove a speeding case against you. When/If the case is reported to the PF they may take the view that under s172 you have failed to name the driver and charge you with failing to provide as opposed to speeding. My own view is that if you can afford to engage a layer then you should do so as soon as possible.
Hi, I am an IT worker travelling accross Scotland and England most weeks. I had earlier this year been pulled over by a patrol car in Scotland and they clocked me at 99mph using a Kustom Pro Laser III. Weather was “poor”, visibility “reduced” and traffic flow “moderate” as described in my “description of Locus”. I have recently received the charge of speeding and need to reply to the court. Is there a chance I may lose my license or is it more likely I will get points and a fine? I have 3 points already from being caught by a mobile speed camera doing 81 on the M74.
Hi, I am afraid that it depends upon what area of Scotland that you were prosecuted for speeding in! Some Sheriffdoms are more lenient than others. Since you were below the magic 100mph I would expect you to receive a 6pp endorsement and a fine in most areas.