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caught on camera doin 36mph

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booboo67 | 00:31 Tue 11th Aug 2009 | Road rules
3 Answers
hi
my partner was caught doing 36 mph in a 30 mph zone at 1.39am in the morning. the van is hired so obviousy the NIP was first sent to the hire company who then fied it in with the hirer's detais, who then filled it in with my partners details. i have read many things on the internet tonite, just trying to see if he has a chance of not getting the points. we will request the photos and the caibration of the camera as he swears that his sat nav warned him of the camera and he was under the 10% +2 limit. is there anything else i should be doing?
thanks in advance

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If asking for photos, do not ask for/use the word 'evidence', use the phrase 'to assist in identifying the driver'. You will not get 'evidence' until you are going through the court process. If you get photos post a question on pepipoo.com or other forums to get an opinion as to whether or not there may be a problem with the 'ping'.

The most important thing to remember is that the 28 days you have to return the S172 request to name the driver does not stop just because you requested photos.

You could get photos od the location of the signs, check the documentation that the speed limit signs are in the right place, check that the traffice order for the speed limit is correct ( from the town hall) or you could just pay the fine and take the points.

A final thought, find out if the local scameraship offer a speed awareness course. You would qualify for 36 in a 30 but it may depend on whether or not you have existing points. It costs ca �80 but no points.
Most of what north star says is sound advice.

However, it is unlikely that the Fixed Penalty Office (FPO) will provide you with the calibration certificate. They are not obliged to enter into any correspondence but most will provide the photographs (some charge a fee) solely to aid driver identification. For that is all the FPO is interested in � obtaing the identity of the driver so that they may offer him or her a fixed penalty or instigate court proceedings as appropriate.

The notion of a fixed penalty is that the driver accepts what the Safety Camera Partnership alleges. In doing so they avoid the costs associated with court proceedings and the driver qualifies for a much reduced penalty.

If he wants to start querying various aspects of the allegation the driver will have to decline the fixed penalty offer and opt for a court hearing. He will then be served with all the appropriate evidence and can challenge any aspect of it as he thinks fit.

The �10% +2mph limit� you mention is not a limit at all. The limit is 30mph. The additional leeway is usually allowed so as to avoid frivolous arguments over instrument calibration and so on. If your partner went to court and argued that he was not doing 36mph but only 34mph the magistrates may well accept what he says but he would still be convicted because 34mph is still in excess of the limit. No solicitor worth his salt would advise him to plead not guilty on this basis.

If your partner was speeding (by that I mean travelling in excess of 30mph) he may be better advised to accept the Fixed Penalty (or the speed awareness course if is offered) rather than embark on a costly and probably unsuccessful challenge.
"he was under the 10% +2 limit. is there anything else i should be doing?"

YOU shouldnt be doing anything.

HE should be learning that there is no "10% +2" rule, and sticking to the actual limits given.

As said, he may be offered a driving course instead of points.

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