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Speeding ticket advice

Discussion in 'A3/S3/Sportback (8P Chassis)' started by adamccc, Oct 28, 2013.

  1. adamccc
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    adamccc Member

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    [Oct 28, 2013]
    Hi guys,

    Just a quick one to get peoples views on something. Last month I got a speeding ticket through the door:

    Was reportedly doing 55 in a 40
    12:30am
    On the A1 (usually 70 but caught in road works)
    No one was actually working
    No other traffic on the road
    Signs weren't light and no streetlights
    Caught by average speed cameras

    Do you think I should try and contest this, due to it being a main due carriageway, no workmen etc etc. Not expecting the get the ticket thrown out the window but 2mph less and I'd be doing the driving course rather than points? How accurate are the average speed cameras?
    #1
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  3. JohnE
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    JohnE Active Member

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    [Oct 28, 2013]
    Sadly I don't think you'll get far with the "no-one was working" argument - although I agree - I have wasted so much of my life at temporary traffic lights with no work being done (and often not even a hole in the road!) I feel your pain.

    Maybe there's some mileage in the unlit signs - but I somehow doubt that, try here -

    PePiPoo: Helping the motorist to get justice
    #2
  4. @udi A3
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    @udi A3 Site Sponsor Site Sponsor VCDS Map User

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    [Oct 28, 2013]
    Which section of the A1 was this? I vaguely remember last week worrying i might be caught out on the average check as i saw 40 signs, thought i might have missed one as they wasnt very clear. To be clear i didnt notice the average cameras until i saw the 40 sign.

    It was dark and the cameras were not well lit.

    I had forgotten about this till today!!
    #3
  5. Tovs
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    Tovs Member

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    [Oct 28, 2013]
    Average speed cameras are spot on, as they'll track your average, so if you were doing that speed through 3/4 speed cameras it's going to track you. unfortunatly there is nothing you can do about this... Road workers or not, and the time of day, if the signs are there unfortunatly you have to obide by the limit.

    Looks like you're just going to have to take the hit, and pay the fine and take the points. You can try contest it, but you've got to have strong evidence, as you could make it worse for yourself.

    I'd advise just to take it on the chin, but also ask to see the evidence against you, so you can make your own assumption.
    #4
  6. MrLapou
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    MrLapou Well-Known Member

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    [Oct 28, 2013]
    You did the crime now do the time..pay up buddy..

    You only found out no workers where around AFTER you'd travelled the full length of the works.. So up till then you were happy to risk their lives by SPEEDING!!!!
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  7. s3_sid
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    s3_sid Active Member

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    [Oct 28, 2013]
    if you contest this in court i will almost guarantee you will fail they will give you a larger fine and point , have to pay your own legal expenses and court fees just take it on the chin !

    if it was a case again a police mans speed gun ect or they have calculated your average in the police car i would give it a go but its to clear cut sorry mate

    your glad you dont live in florida where when road works are under way and you get caught speeding the fine is tripled
    #6
  8. S3_Jacko
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    S3_Jacko Well-Known Member

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    [Oct 28, 2013]

    but I bet the sunshine more than makes up for that .....!
    #7
  9. DJ-S3
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    DJ-S3 Member

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    [Oct 28, 2013]
    Come on, let's be honest. There's never anyone working but there always bloody road works!!
    #8
  10. DJ-S3
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    DJ-S3 Member

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    [Oct 28, 2013]
    I do have a question though, what is the time limit for the speeding ticket to come through to you? I heard it was 6weeks.
    #9
  11. T8DPR
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    T8DPR Active Member

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    [Oct 28, 2013]
    Accept it, pay up, move on, and drive safe, with your eyes open, giving you a better chance of obeying the rules of the road you SHOULD have learned during the lessons you had before passing your test??

    no sympathy whatsoever
    #10
  12. WALTO TDI
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    WALTO TDI Member

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    [Oct 28, 2013]
    My sub contractor got a speeding ticket through the post. He lives out of the area and just through the ticket in the bin. He never heard anything from it then 5 months later another letter come through the post, to which he did exactly the same and threw it in the bin. This was over 12 months ago now and has not heard Anything else.
    Im not saying that you should through yours in the bin but I would definitely consider it if I ever got a ticket.
    he said to me that it was not sent recorded delivery so for all they know it has been lost in the post. How can they prove otherwise?
    this was a speed camera van that got him, don't know if there's any difference with tickets etc?
    #11
  13. perazzi
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    perazzi Member

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    [Oct 28, 2013]

    I do love the sanctimony of some people.

    Clean licence? All of your Life? Never broken a speed limit?

    P
    #12
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  14. kanecullen89
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    kanecullen89 Active Member

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    [Oct 28, 2013]
    The time limit is 14 days for you to receive a NIP (notice of intended prosecution). This can either be on its own or with a ticket.
    If your vehicle isn't registered at your address and you don't receive the NIP, that's not an excuse. All the police have to do it prove that they sent to the the address of the registered keeper.

    If you receive the NIP past 14 days, the time limit for prosecution or some other form of disposal has elapsed and you've got off.

    As everyone else has said, it just take the points and fine. I did when I got mine.
    It's just too hard to contest it without exceptional evidence and the courts with give you a higher fine and more points for wasting their time in court along with all the extra fees.

    You've been caught for driving about the speed limit, not for going above the speed limit while workers are in the road. You've completed the offence by speeding whether workers were there or not. That information is irrelevant.

    The only way you could possibly contest it is to do with signage but you'd have to get some legal advice as to whether you have a case or not
    #13
  15. dexx913
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    dexx913 Member

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    [Oct 28, 2013]

    HONESTLY.....is there any need?!

    let me guess your one of THOSE guys that has never broken a law or had a speeding fine or even a claim lol!
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  16. T8DPR
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    T8DPR Active Member

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    [Oct 28, 2013]
    absolutely correct, I've seen first hand the carnage of that extra 10mph when someone pulls out in front of a car because they expect it to be doing the speed limit, I've also seen first hand the dangers of using mobile phones at the wheel, the dangers of not wearing seatbelts, and the dangers of genuine carelessness, not from my own doing

    granted, they're at the far end of the spectrum from an empty road in the middle of the night as in the case of the original poster, but this is a subject I have very strong opinions on for personal reasons
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  17. perazzi
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    perazzi Member

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    [Oct 28, 2013]

    You certainly appear to have seen a lot of accidents!

    Let me guess, a lot of them in your mirrors?

    or

    Police officer?


    P
    #16
  18. bez101
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    bez101 Yorkshire & Humber Rep. Regional Rep VCDS Map User

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    [Oct 28, 2013]
    and if he really did this he will end up with points or even a ban
    they never forget they have sent a ticked
    i thinks hes pulling your leg.
    #17
  19. T8DPR
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    T8DPR Active Member

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    [Oct 28, 2013]
    more often than not, they're not accidents

    I concede my words in my original reply may have come across harsh, but nonetheless, I stand by my word that he should drive how he was taught to drive and accept the responsibility for his actions, exactly as I would if I too received a speeding fine
    #18
  20. WALTO TDI
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    WALTO TDI Member

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    [Oct 28, 2013]
    He's 61 and no joker so doubt he's pulling my leg. He better watch out for the postman then!!!
    #19
  21. @udi A3
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    @udi A3 Site Sponsor Site Sponsor VCDS Map User

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    [Oct 28, 2013]
    A piece of first class mail can be deemed delivered within two days of posting. proof of posting is all they need, not proof of delivery. Stupid rules if you ask me.
    #20
  22. S3_Jacko
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    S3_Jacko Well-Known Member

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    [Oct 28, 2013]
    happened to me and I did the exact same.... That was 13yrs ago and i've been to court numerous times since... So it is possible, that was also a van... N I havent heard anything! I'll keep my ears open though ;)
    #21
  23. kanecullen89
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    kanecullen89 Active Member

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    [Oct 28, 2013]
    Speeding is a summary only offence. Summary only offences have to be prosecuted within 6 months, after that time they're invalid so I think you're pretty safe after 13 years! Ha
    #22
  24. S3_Jacko
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    S3_Jacko Well-Known Member

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    [Oct 28, 2013]
    Theres the answer to the ops original question right there then... Duck dodge and dive from the cops for 6 months... Problem solved!

    :busted_cop: :undwech:

    Not that I condone this behaviour... I'm older and wiser now haha....
    #23
  25. kanecullen89
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    kanecullen89 Active Member

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    [Oct 28, 2013]
    Unfortunately it's not quite as simple as that. Once the NIP has been sent to the registered keeper and the police can prove it was delivered (recorded signed for post ) within 14 days, you're on a slippery slope. You'll be asked to pay the fine, if you ignore that you'll be summoned to court. If you don't go, you're then in a lot more trouble then just a speeding ticket.
    The court will issue a warrant for your arrest for failing to appear. You'll have the police arresting you at home or work and you'll be kept in the cells until the next Available court date ( usually same or next day unless it's the weekend or Friday in which case you'll be kept until Monday court).
    The courts would not be happy at all at you not appearing and I can imagine you'll be punished a lot more than a small speeding fine.
    With these sorts of cases, ignorance is not an excuse. I doubt they would accept the excuse that you've not received any of the letters sent to your home address where you would probably have been arrested
    #24
  26. RobbieWebs
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    RobbieWebs Active Member

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    [Oct 28, 2013]
    Just pay the fine like the other 99% of us do.
    Pointless contesting it unless u are a footballer and do "charity" work ...
    Not like ur going to be banned is it :)
    #25
  27. S3_Jacko
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    S3_Jacko Well-Known Member

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    [Oct 28, 2013]
    Does putting your change in the bucket count? ha
    #26
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  28. jimmo
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    jimmo Member

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    [Oct 29, 2013]
    It's annoying, isn't it.

    Someone wants to give you a ticket, then proof of posting is enough...but sell something on Amazon/Ebay and someone claims they didn't receive it? Ah, then proof of delivery is what you need.

    I personally don't have a problem with rules per se, I just wish they were consistent.

    As for the original post, I have to agree that this probably isn't worth fighting. Cameras can't use judgement like humans do, so they don't account for the conditions...I've only ever had good experiences with traffic cops who, as long as one doesn't give them a load of attitude, have always been extremely fair with me (on the few times I've ever been pulled in my youth).
    #27
  29. JJ.Foulds
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    JJ.Foulds Well-Known Member

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    [Oct 29, 2013]
    1. i got caught doing 35 in a 30. i accept i was in the wrong, i will never agree with speeding lol.
    2. > i paid for the course,
    >forgot,
    >rebooked
    >forgot
    >court date
    >now fined for incorrect address
    >didnt show up
    >automatic guilty
    > big fine, including court fees
    >mistake.

    3. TAPE UP LETTER BOX, then post cant deliver penalty notices! would this hold in court? saying i cant recieve letter i have no post box? lol
    #28
  30. T8DPR
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    T8DPR Active Member

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    [Oct 29, 2013]
    It wouldn't hold up, as an occupied property has to legally have access for mail, ie a box
    #29
  31. Tovs
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    Tovs Member

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    [Oct 29, 2013]
    Haha, I like the thinking on the taping up the letterbox! If only...
    #30
  32. Tovs
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    Tovs Member

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    [Oct 29, 2013]
    I'm pretty sure he was joking. :shrug:
    #31
  33. JJ.Foulds
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    JJ.Foulds Well-Known Member

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    [Oct 29, 2013]
    Im not sure, i even put the 'lol' on there :p but i stand by that it was a good idea!
    #32
  34. MartayMcFly
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    MartayMcFly Well-Known Member Regional Rep VCDS Map User

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    [Oct 29, 2013]
    Think it's just a case of take this one on the chin. Maybe you'd have a claim for the signs not being well lit etc, but it's a pretty slim chance. You sped, got caught, take the punishment. I'm not saying I drive 1mph under the limit everywhere I go, but if I did get snapped at a naughty speed, I'd concede defeat and pay accept the fine. If I knew I wasn't speeding and somehow their equipment claimed I was then it'd be a different story though, but things like 'no other cars' and 'no-one working' don't really count as excuses unless they tried to charge you with dangerous driving or something more serious.
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  35. DJ-S3
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    DJ-S3 Member

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    [Oct 29, 2013]
    I take it the first two paragraphs were amied at me and the others the op? Haha. Well looks like I've either got away with it or wasn't actually speeding like I thought :D either way I'm happy. Haha
    #34
  36. crmatthews
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    crmatthews New Member

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    [Oct 29, 2013]
    If it helps I have just been done for doing 41 in a 30, 100 meters before a 40 zone!!! Now for the fun of a driver awareness course!
    #35
  37. T8DPR
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    T8DPR Active Member

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    [Oct 29, 2013]
    people do tend to tape their mailboxes up, especially in awful weather, and they don't receive their mail, it should be re-attempted the following day, but there's every chance it gets returned to the sender

    as for speeding NIPs, they're not always sent out recorded signed for delivery, maybe never sent by recorded
    #36
  38. S3_Jacko
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    S3_Jacko Well-Known Member

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    [Oct 29, 2013]
    Whats this driver improvement course youse all speak of, this a new thing?

    Is this a replacement for points on license?
    #37
  39. crmatthews
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    crmatthews New Member

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    [Oct 29, 2013]
    Yeah pretty much, I think if you where over by no more than 15mph you can take a course and pay £90 and get no points, as long as you haven't been on one in the last 3 years. This is what I got from the police officer explaining to this to me at the side of the road.
    #38
  40. S3_Jacko
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    S3_Jacko Well-Known Member

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    [Oct 29, 2013]
    Ahhh right... 1st time I was caught 20mph over, next time 32mph over.... woops... maybe this was why I wasn't offered the course...

    Proud to say, clean license now though :)
    #39
  41. RobbieWebs
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    RobbieWebs Active Member

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    [Oct 29, 2013]
    The washing machine gives a clean licence,shame it's a nightmare to open it afterwards tho :p
    #40

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