w&nkers: speeding= 6 points & £660+court costs

Where are the boys in blue hiding??????
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MacV2
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by MacV2 » Wed Feb 21, 2018 9:38 pm

fatfreddy000 wrote:
Wed Feb 21, 2018 6:03 pm
MacV2 wrote:
Wed Feb 21, 2018 4:11 pm
Get in touch with https://www.whitedalton.co.uk/

I'm assuming your on your bike when the alleged offence happened, these guys are specialists for bike law & will help you out even if it's just a phone call....Well they did for me, rang & spoke to them, they did some research called me back, didn't cost a penny bar the call.

yep i was on my bike- i can remember the camera flashing- it was a right sneaky one and shouldn't be legal in itself.
the penalty notice was sent with 14 days (apparently!)
all i can do now is that statutory declaration.
i cannot plea bargain as the p30 has expired now.
so i can plead not guilty or guilty for a reduced penalty but still 6 points!
I've looked into it and my defence isn't strong enough for any real chance.
i think y best bet is a guilty plea but stating 'special reasons'
these reasons would relate to the my situation at the time and the hospital stays etc.
I've heard the the court can be very leniant if these 'special reasons' are significant, sincere and well put.
the points and fine can even be totally scrapped..
back to crossing fingers!
If your going to court you need a brief, they talk in a different bloody language... :lol:
Lowering the tone since 2007...

parkergb6
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by parkergb6 » Thu Mar 08, 2018 3:28 pm

Not been on here for a while but just caught your post. I would defo go to court on this matter and explain everything behind it. The courts surprisingly enough will listen. It will defo be worth getting proper legal advice before you go, but equally the clerk of the court will be able to advise and assist on the day. If you can speak to them before your case goes on, as even up to the point you walk into the court for your trial you can still change a plea if advice is not forthcoming.
Good Luck I hope it works out ok.

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fatfreddy000
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Fri Mar 09, 2018 2:46 pm

thanks for the info.
i have done a lot of research on this and it seems that past cases
have set a precedent that its pretty much impossible to argue it was 'not reasonably practicable to name the driver' i.e provide identity by responding to the original speeding FPN.
even though i was in hospital with my son for much of this time and then forgot to update my address on my V5 in the following months after i moved due to the stress of his ill health it is still not a defence- they state that it is your sole responsibility to make arrangement so that you may receive your mail at any given time when you are away for whatever reason.
i think one exception would be if you were critically ill or in a coma or something..
so i cannot sensibly plead not guilty, i cannot enter a plea bargain as its been 6 months so the original SP30 FPN has expired. i can try and plead guilty but with 'special reasons' which explain my hardships at the time and may be lucky enough to get a reduced penalty.
currently a friend who works for a law firm is drafting a letter to the CPS to explain my situation and see if they will drop the £800+ and 6 points for the lesser 3 points and £100 original speeding fine.
i will keep you posted..
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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MacV2
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by MacV2 » Fri Mar 09, 2018 3:02 pm

Good luck Freddy, a letter written in 'Leaglese' can be the right way to go... :thumbup:
Lowering the tone since 2007...

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fatfreddy000
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Fri Mar 09, 2018 3:43 pm

.. and to top it off guess what happened on weds morn this week?.
yep i, i got flashed by another gatso!
i was working in an unfamiliar area, up the A12 and got flashed approaching gallows corner (aptly named)
i only saw a single flash.. it was in a fifty and i hope i was only going about 55 and will will get away with it. they've 12 days left to post a FPN to me..
fingers crossed, last thing i need but stupid of me, going a little too fast and was just concentrating too much on the directions and didn't see the camera.
from what i hear you can usually get away with 10% over the limit plus 2mph extra to allow for speedo inaccuracies. so in a 50 you would have to be going 57+mph to get penalised..
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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fatfreddy000
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Fri Mar 09, 2018 3:45 pm

if i get done for both I'm looking at about a grand fine plus 9 points..
shudder!
i would have to sell the storm to cover the money and buy a 50cc moped to save my license!
that'd learn me alright!.
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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alanfjones1411
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by alanfjones1411 » Fri Mar 09, 2018 4:00 pm

My last speeding fine was 35 in a 30 which is 10% + 2mph.£100 and three points.I was told that it is no tolerance now on speeding.You may be lucky and the last camera had no film in.Good luck with it anyway.
SO WHEN DOES THIS OLD ENOUGH TO KNOW BETTER KICK IN

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VTRDark
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by VTRDark » Fri Mar 09, 2018 10:30 pm

All this talk about film's in camera's...there's not too many of them about anymore as they are mostly all digital now. There's more chance of getting away with it on a technicality like the nip does not get delivered on time. Just think how many they have to process in one day. I'm not sure if that is all automated and most likely needs a human to go through things. What a scam the goverment have going there on top off all the others. We would be better off with the Russians in charge. You upset them and they simply poison you :lol: That will take care of the population overload and clear up more space on the roads.
==============================Enter the Darkside

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fatfreddy000
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Fri Apr 06, 2018 1:22 am

hi again.
had court yesterday.
made the statutory declaration then got prepared to plead guilty and read out my lengthly statement of 'special reasons' in the hope of reduced penalties only to be told that i could do nothing more today as the CPS hadn't shown up and i was at the wrong court!- the hearing needs to take place in stevenage which covers the area in which the initial speeding offence occurred!
these people have less of an idea of whats going on than me.. anyway case now adjourned till 2nd july.
honestly, I've had so many phone calls, letters, and emails, confirming which court i need to go to and that i will make my stat dec then my plea and then be sentenced directly afterwards unless perhaps i plead not guilty.
still now it is back to dual charge (sp30 and S.172) so i have time and a chance of my lawyer mate contacting the CPS to get them to drop it or plea bargain for the sp30 alone.
plus after nearly 4 weeks nothing has come in the post from the gallows corner gates that flashed me even though it is a digital one!. Phew, lucky escape. thought i was looking at a total of 9 points and about £1000.
don't have to say buy to the firestorm just yet..
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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StormyRob
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by StormyRob » Fri Apr 06, 2018 11:13 am

fatfreddy000 wrote:
Fri Apr 06, 2018 1:22 am
hi again.
had court yesterday.
made the statutory declaration then got prepared to plead guilty and read out my lengthly statement of 'special reasons' in the hope of reduced penalties only to be told that i could do nothing more today as the CPS hadn't shown up and i was at the wrong court!- the hearing needs to take place in stevenage which covers the area in which the initial speeding offence occurred!
these people have less of an idea of whats going on than me.. anyway case now adjourned till 2nd july.
honestly, I've had so many phone calls, letters, and emails, confirming which court i need to go to and that i will make my stat dec then my plea and then be sentenced directly afterwards unless perhaps i plead not guilty.
still now it is back to dual charge (sp30 and S.172) so i have time and a chance of my lawyer mate contacting the CPS to get them to drop it or plea bargain for the sp30 alone.
plus after nearly 4 weeks nothing has come in the post from the gallows corner gates that flashed me even though it is a digital one!. Phew, lucky escape. thought i was looking at a total of 9 points and about £1000.
don't have to say buy to the firestorm just yet..
Am I reading it right that you are yet to be shown the photographs that prove you were speeding?
If you don't try you never know if you can do it.

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fatfreddy000
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Fri Apr 06, 2018 3:58 pm

StormyRob wrote:
Fri Apr 06, 2018 11:13 am
fatfreddy000 wrote:
Fri Apr 06, 2018 1:22 am
hi again.
had court yesterday.
made the statutory declaration then got prepared to plead guilty and read out my lengthly statement of 'special reasons' in the hope of reduced penalties only to be told that i could do nothing more today as the CPS hadn't shown up and i was at the wrong court!- the hearing needs to take place in stevenage which covers the area in which the initial speeding offence occurred!
these people have less of an idea of whats going on than me.. anyway case now adjourned till 2nd july.
honestly, I've had so many phone calls, letters, and emails, confirming which court i need to go to and that i will make my stat dec then my plea and then be sentenced directly afterwards unless perhaps i plead not guilty.
still now it is back to dual charge (sp30 and S.172) so i have time and a chance of my lawyer mate contacting the CPS to get them to drop it or plea bargain for the sp30 alone.
plus after nearly 4 weeks nothing has come in the post from the gallows corner gates that flashed me even though it is a digital one!. Phew, lucky escape. thought i was looking at a total of 9 points and about £1000.
don't have to say buy to the firestorm just yet..
Am I reading it right that you are yet to be shown the photographs that prove you were speeding?
hi, yep, I've never seen the photos to prove i was speeding but cps has plenty of evidence from experts who have seen the photos and testify that i was speeding.
the main issue is though that i am facing a section 172 charge (failing to provide identity of driver) now as i didn't update my V5 correspondence address so never received the penalty letter..
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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StormyRob
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by StormyRob » Fri Apr 06, 2018 7:39 pm

I know you have a solicitor and all mate.

However, and this is just me thinking

Hard to prosecute someone for failing to identify a driver if there is no proof the offence occurred.

When you say the evidence was seen by experts whay do you mean? Was there initially photographic evidence that is now gone? If there was evidence and it is no longer available that would not be right and personally I would expect to see it.
If you don't try you never know if you can do it.

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fatfreddy000
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by fatfreddy000 » Sat Apr 07, 2018 8:24 am

StormyRob wrote:
Fri Apr 06, 2018 7:39 pm
I know you have a solicitor and all mate.

However, and this is just me thinking

Hard to prosecute someone for failing to identify a driver if there is no proof the offence occurred.

When you say the evidence was seen by experts whay do you mean? Was there initially photographic evidence that is now gone? If there was evidence and it is no longer available that would not be right and personally I would expect to see it.
i will look into that- the main problem is that they're not doing me for a speeding offence so much as the failing to identify offence now.
i will request photos from the CPS and see what they say. but last time i requested all the documents and evidence they sent letters from internal police gatso experts who had examined the photos and signed as witnesses they were accurate and i was breaking the speed limit..
“If all insects on Earth disappeared, within 50 years all life on Earth would end. If all human beings disappeared from the Earth, within 50 years all forms of life would flourish.” Biologist Jonas Salk

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StormyRob
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by StormyRob » Sat Apr 07, 2018 9:26 am

I think some forces will only release photos if the matter is being contested. However obviously you are not contesting it as such. It isnt the norm to just rely on the statement so I am guessing they have the photos somewhere
If you don't try you never know if you can do it.

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agentpineapple
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Re: w&nkers: speeding= 6 points & £660+court costs

Post by agentpineapple » Mon Apr 09, 2018 1:56 pm

the CPS are utter arseholes mate, back in 2010 I had a big accident, where a van wiped me out, the police and cps decided to prosecute me for riding without due care and attention or dangerous riding, I can't remember which it was, but you could tell it was the CPS pushing things through.
I contested it, because I knew it wasn't true, even tho I had friends telling me I should just take the 6 points and fine, and move on.
but I still carried on contesting it. until 1 week before my court date, all charges were dropped.
why.... because of lack of evidence
now I knew that had no evidence because I knew I was right.
my point being, they like to play the chicken game, hoping that you will chicken out and give in.
they must win shite loads of cases because people just give in to them. now i'm not saying this is the same for your case, but it's worth bearing in mind.
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