[OrdinaryMorning]

Hi,

About 8 weeks ago, I got caught doing 33 in a 30mph zone. Anyway, I got a Notice of Prosicution letter and sent it back to confirmed that I was driving the car at the time.

Anyway, after a few weeks I realised that I hadn't heard back from them to explain the next step. It was only a few days later that I recieved another letter saying that they hadn't recieved my driver confirmation letter and that as it was 28 days ago I have commited a serious offence.

Obviously I phoned up and explained the situation and they said it was likely to have been lost in the post and they would issue me another letter.

I have since recieved another letter to send back to them explaining that I was the driver. This time though, they have included a slip of paper with an address to the Chief Constable with pre paid. I don't know what i'm supposed to do with this as it isn't sticky so i can't put it on the envelope or anything? This slip wasn't included in the first letter and I sent it first tiime around to the address on the letter which was a PO Box address

Anyway, I'm confused as which address to send it too. I don't want it getting lost in the post again.

Anyone got any ideas?

[Supercell]

What is the slip of paper? it is a compliments slip? If it is then send it to the address on the main letter.

[oldtimer55]

33 in a 30 zone!
They should bring back hanging for people like you.

[Andy Carlton]

So hang on...you are actually WILLING to PAY a fine for doing 3mph over the limit? Is this a wind up?

Did you kill anyone? did you make pedestrians run for cover with your irrational and intensive speeding? erm...probably not...so why are you even 'debating' as to pay for this 'alleged' and 'serious' speeding offence?

I don't want to sound blunt here...but have you not tried standing up for yourself and actually REFUSING to pay this ludricous fine? and for what?

I have never known anyone get fined for doing 3mph over the limit....it just does not make sense and most people would either think it is a wind up or a joke to be perfectly honest.

I have driven 5mph over the limit and never got flashed. I think this is either a wind-up post...or someone is taking you for a ride!

[f_196]

Originally Posted by OrdinaryMorning

Hi,

33 in a 30mph zone

I thought there was 10% leeway for speeding?

[nemesisis]

if it were me i would assume the prepaid was just a routine enclosure and send it to the 2nd address (chief constable)

[StoppingService]

Hi

Originally Posted by OrdinaryMorning

they have included a slip of paper with an address to the Chief Constable with pre paid. it isn't sticky so i can't put it on the envelope... I sent it first tiime around to the address on the letter which was a PO Box address.

It's just a "compliments slip" to make it clear who's sent you the enclosed documents. You could keep it, just so you've a record of the Chief Constable's address for any complaints you have against that force .

Having completed the form, take a photocopy/scan of it before posting to the pre-paid envelope's address. Post it at a Post Office counter so you can get a (free) Certificate of Posting. Staple the Certificate of Posting to the photocopy you made; keep it safe - because it'll be your defence evidence if they charge you with failing to return it this second time!

Originally Posted by f_196

I thought there was 10% leeway for speeding?

Most police forces don't prosecute speeding at less than 10% + 2mph more than the limit applying (i.e. 35mph for a 30mph zone). It's not written into the law, it's that this is how most Chief Constables (as ACPO members) have chosen to exercise their (policeperson's) "discretion". A few forces whose Chief Constables have been "seduced" by anti-motoring lobbyists, don't offer this concession.

You might want to try to find out whether the force pursuing you is actually one of those, or whether the action is by mistake. You could enclose a letter with the completed form, asking if it's "in accordance with force policy" that an allegation of travelling 33mph in a 30mph zone is being actioned.

Regards

[StoppingService]

Hi

OP, the post below is a wind-up.

Originally Posted by nemesisis

if it were me i would assume the prepaid was just a routine enclosure and send it to the 2nd address (chief constable)

HTH!

[nemesisis]

Originally Posted by StoppingService

Hi

OP, the post below is a wind-up.



HTH!

sorry wasn't intended as a wind up just mis-read it
was rather late
on second look you are quite correct Stop

[susie-4964]

Originally Posted by f_196

I thought there was 10% leeway for speeding?

It depends entirely on the local authority. I was told by the Police that in certain parts of Wales, you'll get done for 31 mph, and I've since had that confirmed. The speed limit is 30 mph, and the authorities have a right to prosecute you if you're doing over that. It's entirely their choice if they want to do it. It's not fair, it should be the same all over the country, but that's how it currently stands. I've had good reason to find out for myself!

[StoppingService]

Hi

Originally Posted by susie-4964

in certain parts of Wales, you'll get done for 31 mph, and ... I've had good reason to find out for myself!

I'm guessing that was North Wales, during the period (January 2001 - Sep 2009) that the notorious Richard Brunstrom was Chief Constable!

Regards

[tony13579]

As the original notice of prosicution was posted to you in a postal strike and the cheapskates were too tight to use recorded delivery they cannot prove the notice of intended prosicution was delivered within 14 days. The law assumes two days delivery in "normal posts" If you can prove postal delays then you cannot be found guilty for section 172 of road traffic act. see pepipoo.com forums for a second opinions and how to reply to your current letter.

There are some very clued up people there!

Being found guilty of section 172 carries 6 points and a large fine and the insurance companies dont like it.


PS in 6 years fighting speed camera cases I have never seen a scan of a nip for less than 35 mph.

[Daveoc64]

Originally Posted by tony13579

As the original notice of prosicution was posted to you in a postal strike and the cheapskates were too tight to use recorded delivery they cannot prove the notice of intended prosicution was delivered within 14 days. The law assumes two days delivery in "normal posts" If you can prove postal delays then you cannot be found guilty for section 172 of road traffic act. see pepipoo.com forums for a second opinions and how to reply to your current letter.

There are some very clued up people there!

Being found guilty of section 172 carries 6 points and a large fine and the insurance companies dont like it.


PS in 6 years fighting speed camera cases I have never seen a scan of a nip for less than 35 mph.

There are two problems with that:

1) The NIP was served and arrived correctly, but the response from the registered keeper (i.e. the OP) was lost.

The OP has already admitted that they received the NIP and responded to it (to the Police and on a public forum).

As such, going down that route wouldn't really succeed.

2) On the thresholds, it's entirely at the discretion of the local police authority. They can prosecute at one mile over the limit, so 33 is perfectly fine from a legal perspective.

The ACPO guidelines state that no prosecution should take place until 10% of the limit + 2MPH. However, that is only a guideline and it doesn't have to be followed - and some choose to interpret it differently. (10% of 30 is 3, +2 and you get 5. Some would say you should prosecute at 35, others at 36).