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101 in a 60...... :(

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Old Mar 2, 2005 | 01:10 PM
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Default 101 in a 60...... :(

Just got the letter through the door telling me that I was caught doing 101 in a 60 limit.

The road was an open stretch in the country, no houses, schools etc... and I was accelerating cause I was overtaking, but I suppose that doesnt matter does it?

The van was on the right hand verge, facing away from me.... So as I drove past, I went past the front first and was driving away from the back door with the wee hitler sitting in the back. I didnt think they could do me for that, as there isnt any photographic evidence of it being ME behind the wheel.... Obviously they can.

I am totally gutted.. Had just got a job as a Sales Rep for Telewest, was rushing home to start telling people.........

Suppose I am looking at a ban for this??

Currently have a clean driving licence, but suppose that doesnt help..

Been drinking for a few hours now and in shock, kind of unbelievable as I havent had a job for 6 months.. and eventually get the job I was really wanting, and same day, get done and prob losing livence.



Grant
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Old Mar 2, 2005 | 01:14 PM
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throw it in the bin

wait for second letter

IF it arrives ask for proof
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Old Mar 2, 2005 | 01:14 PM
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My car was in a very similar situation, but luckily for me it turned out someone else was driving who has since gone abroard, so innocent little me was never punished.
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Old Mar 2, 2005 | 01:15 PM
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Aren't you allowed to break the speed limit temporarily to overtake ???
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Old Mar 2, 2005 | 01:15 PM
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Originally Posted by Spiky
throw it in the bin

wait for second letter

IF it arrives ask for proof
Great advice from Spiky!!!
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Old Mar 2, 2005 | 01:15 PM
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yep - you'll be banned.
unless you can get a letter form your employer saying you need the license for your job etc etc... in which case you *may* get off.
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Old Mar 2, 2005 | 01:16 PM
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Harsh mate. If it makes you feel any better, it has been known for courts to give big fine and 11 points if your car is needed for ya job, and I would argue the fact that you were overtaking, as I believe you can actually break the limit JUST to overtake for obvious saftey reasons. Still harsh though.
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Old Mar 2, 2005 | 01:16 PM
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My friend didn't lose his licence for a similar offence, as his job required him to drive (parts delivery ) but they loaded his licence with points so he would be banned if he did anything else

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Old Mar 2, 2005 | 01:17 PM
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Get a good solicitor mate, and he/she may be able to get you a bigger fine and not a ban?

There is this as well:

If you get one of the dreaded speeding tickets sent through the post to you asking for the drivers details etc then the following link should be read and used.

To date no-one who has used this has been prosecuted and several cases have been dropped.

http://www.pepipoo.com/NewForums2/viewtopic.php?t=2846
From:

http://bbs.rsownersclub.co.uk/showthread.php?t=70285

HTH
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Old Mar 2, 2005 | 01:18 PM
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1. Wait for 2nd letter
2. Try the court route...need licence etc etc...you'll be banned
3. Say you can't remeber who was driving at the time...3 points.
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Old Mar 2, 2005 | 01:20 PM
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I got done for 104 in a 70 (also whilst overtaking) and I had to beg to keep my licence, at one point they had already decided to ban me, thankfully I eventually walked away with 6 points.

101 in a 60 I hate to say it but I think you are undoubtbly looking at a ban, but get a good solicitor and if you're lucky they may only give you a 28 day ban or even smaller, in which case there may be ways round you loosing your new job.

Good luck and fingers crossed for you.
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Old Mar 2, 2005 | 01:27 PM
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Get a bike!
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Old Mar 2, 2005 | 01:34 PM
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Grant - that's shit news mate Not good! I didn't think the fookers got you going away from the van's either
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Old Mar 2, 2005 | 01:34 PM
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What speeds were these cars doing to necessitate going over a ton to overtake

Maybe I'm more patient than you lot?
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Old Mar 2, 2005 | 01:35 PM
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Originally Posted by Spiky
throw it in the bin

wait for second letter

IF it arrives ask for proof
I would go down this route personally and then if it came down to it, the route that Chip went down. i.e. you were selling the car (before you got offered the Telewest job) and you had no idea who he was etc...

Any other route is risking a ban . If they can't PROVE it was you from photographic evidence, they CAN'T convict.
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Old Mar 2, 2005 | 01:36 PM
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Thanks for all the advice and sympathy....... and LOL @ spiky!!

Just red my first post and the car I was in I have recently bought, so its still under my mates name.. and it was him that got it thru the door, but pickin up letter and form from him on rfiday.

I heard that u could break the limit for wee bit but i overtook 2 trucks a van and a car also reckon tht 41mph over is a bit much for them to ignore.

I have got a good solicitor, orknow one anyway.. he's got mates off dangerus driving things before.

That pepipoo thing cant be used by me, cause im in scotland and the offence was up here.

I reckon that my boses would stand up for me, but think there is a limit of 4 or 6points allowed othewise you get the bullet. Im waiting for that solicitor to call me back, see what he says about it and advises me to do.



Grant
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Old Mar 2, 2005 | 01:37 PM
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My question is how did you manage 101 when you could have easily take over at 70? or even 80?
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Old Mar 2, 2005 | 01:41 PM
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Cause I dont like to sit in outside lane... the worng lane....... for too long and crawl past cars, i like to sut down the time exposed to danger.

i didnt continue at 101 after i had overtaken them, i was about 70ish probably.



Grant
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Old Mar 2, 2005 | 01:41 PM
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Originally Posted by RS Grant
Just red my first post and the car I was in I have recently bought, so its still under my mates name.. and it was him that got it thru the door, but pickin up letter and form from him on rfiday.
Even better! Just get your mate to say that he had been selling the car at the time and it was someone who took it for a test drive (but obviously not the person that bought the car, as that's still you ).
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Old Mar 2, 2005 | 01:44 PM
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Originally Posted by Mike Rainbird
If they can't PROVE it was you from photographic evidence, they CAN'T convict.
Yes they can, if you refuse to name the driver they will convict the registered keeper instead. The law changed a few years ago, it is now the registered keepers responsibility to keep accurate records if someone else drives their car


edit: unless of course you have a friends like Chip did who has now moved abroad
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Old Mar 2, 2005 | 01:45 PM
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Originally Posted by Mike Rainbird
Originally Posted by RS Grant
Just red my first post and the car I was in I have recently bought, so its still under my mates name.. and it was him that got it thru the door, but pickin up letter and form from him on rfiday.
Even better! Just get your mate to say that he had been selling the car at the time and it was someone who took it for a test drive (but obviously not the person that bought the car, as that's still you ).
Nice one
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Old Mar 2, 2005 | 01:45 PM
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Right, first things first, your mate needs to send the form back within the timeframe they allow (28 days?) to say that he has sold the vehicle, and give them your name and address as the new keeper.

Then they will write to you.

Do NOT NOT NOT NOT NOT admit you were driving, if you have the bollocks for it then go down the "someone test drove it" route and then proceed to prove to them that person has now left the country.

If you dont have the bottle for that, then when they right to you (which they cant do until after your mate sends the form back off) then just write back and say

"i have no idea who was driving my car 6 weeks ago im afraid, several of my friends drove the vehicle when i first got it as they were all interested to see what it was like to drive"

You will NOT get banned if you go down this route.
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Old Mar 2, 2005 | 01:46 PM
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yeah perfect, two lads i know got away with this, your mate goes to court and says people have been test drivin the car etc, he couldnt tell them who it was as over 20 people came to look at the car etc
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Old Mar 2, 2005 | 01:46 PM
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Originally Posted by RS Grant
Cause I dont like to sit in outside lane... the worng lane....... for too long and crawl past cars, i like to sut down the time exposed to danger.

i didnt continue at 101 after i had overtaken them, i was about 70ish probably.



Grant
I like the well practised speach mate!
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Old Mar 2, 2005 | 01:47 PM
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Originally Posted by Clare
Originally Posted by Mike Rainbird
If they can't PROVE it was you from photographic evidence, they CAN'T convict.
Yes they can, if you refuse to name the driver they will convict the registered keeper instead. The law changed a few years ago, it is now the registered keepers responsibility to keep accurate records if someone else drives their car


edit: unless of course you have a friends like Chip did who has now moved abroad
Clare, they cant do you for the offence, only do you for failing to notify who was driving "which carries a penalty similar to the offence" (thats the words on the document) but in reality its capped at 6 points im pretty sure.
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Old Mar 2, 2005 | 01:48 PM
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Originally Posted by kay2
yeah perfect, two lads i know got away with this, your mate goes to court and says people have been test drivin the car etc, he couldnt tell them who it was as over 20 people came to look at the car etc
And your mate then will get done for failure to notify who was driving, which is an offence which (IIRC) carries up to 6 points and a pretty hefty fine.

He would have to be a VERY good friend to want to risk that just to save your license.
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Old Mar 2, 2005 | 01:49 PM
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Could well be Chip, but having 6 points issued on your licence all in one go can prove just as costly as having a ban
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Old Mar 2, 2005 | 01:55 PM
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People ask me why I have a for sale sign in a car I have just bought, just for these purposes so I can say the car was for sale and some lunatic was driving not me, as stated take the 3 points for not knowing who rather than a ban, and get a for sale sign up in the window incase anyone comes round
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Old Mar 2, 2005 | 01:56 PM
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Originally Posted by Clare
Could well be Chip, but having 6 points issued on your licence all in one go can prove just as costly as having a ban
Not if you are a bloody travelling salesman and will lose your new job!
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Old Mar 2, 2005 | 02:00 PM
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Originally Posted by St3V3_C
Get a good solicitor mate, and he/she may be able to get you a bigger fine and not a ban?

There is this as well:

If you get one of the dreaded speeding tickets sent through the post to you asking for the drivers details etc then the following link should be read and used.

To date no-one who has used this has been prosecuted and several cases have been dropped.

http://www.pepipoo.com/NewForums2/viewtopic.php?t=2846
From:

http://bbs.rsownersclub.co.uk/showthread.php?t=70285

HTH
What will actually happen if i send this off?? Ive got another 3 points through making a total of nine with them included. Will i get off if i send this letter??
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Old Mar 2, 2005 | 02:07 PM
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The key info is here:

"A person whom there are grounds to suspect of an offence must be cautioned before any questions about it (or further questions if it is his answers to previous questions which provide the ground for suspicion) are put to him regarding his involvement or suspected involvement in that offence if his answers or his silence(i.e. failure or refusal to answer a question or answer satisfactorily) may be given in evidence to a court in a prosecution. He therefore need not be cautioned if questions are put for other purposes, for example, solely to establish his identity or his ownership of any vehicle or to obtain information in accordance with any relevant statutory requirements (see paragraph 10.5C) or in furtherance of the proper and effective conduct of research, (for example to determine the need to search in the exercise of powers of stop and search or to seek co-operation when carrying out a search) or to seek verification of a written record in accordance with paragraph 11.13."
interesting stuff
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Old Mar 2, 2005 | 02:12 PM
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Clare,
I have personally drafted the letters to get people off two seperate offences within the company within the last few months . They can ONLY prosecute you for with-holding the name of the person who WAS driving (if you are refusing to do so). If you are "seen" to co-operate (such as providing a list of names that it "could" have been), then they cannot do ANYTHING, as you have met all the legal requirements. Obviously this is easier to get away with if the vehicle is company registered and is insured any driver...

It is NOT a legal requirement for you to keep a log of people who drive your car , for businesses OR private individuals. So as long as you appear to be attempting to find the driver at the time, or can even provide a name (such as "Joe Bloggs" who didn't give his address on the test drive ), then despite lame threats about prosecuting, there is nothing they can actually do (without risking opening up the loop-hole publically ).

Mind you, they will probably do you for being an accessory .
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Old Mar 2, 2005 | 02:19 PM
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interesting post guys and girls!

alex
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Old Mar 2, 2005 | 02:29 PM
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Ian, thanks mate....... Think that speech will work??

Mike.. I am tempted to try and say that as I had just got the car, a few of my mates (who are all insured to drive it 3rd party) were all having a shot of it. I know for a fact that at least 3 of them will be up for having their names put forward.

Only thing is that I dont want them getting in any trouble at all, cause its actually nothing to do with them.... Suppose if they are saying they cant remember either, saying same thing as me, then it might work??!

Dont suppose you have a draft copy of any of these letters floating about that are able to be e-mailed??



Grant
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Old Mar 2, 2005 | 02:32 PM
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As mike says, they WILL drop it if you play it correctly.

My vehicle was doing 110mph up the A127 when they photographed it, and despite the seriousness of the offence and the fact that southend police REALLY like to prosecute "boy racers in modified cars" it STILL got dropped after 6 months of letter writing back and forth etc.

Just dont EVER admit it was driving EVER EVER EVER, if its more than a 3 point offence.
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Old Mar 2, 2005 | 02:34 PM
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Originally Posted by RS Grant
Ian, thanks mate....... Think that speech will work??

Mike.. I am tempted to try and say that as I had just got the car, a few of my mates (who are all insured to drive it 3rd party) were all having a shot of it. I know for a fact that at least 3 of them will be up for having their names put forward.

Only thing is that I dont want them getting in any trouble at all, cause its actually nothing to do with them.... Suppose if they are saying they cant remember either, saying same thing as me, then it might work??!

Dont suppose you have a draft copy of any of these letters floating about that are able to be e-mailed??



Grant

Grant, there is an even better one if you have two mates who are prepared to help.

This is one i came up with myself, relies on NO legal loophole, and you are NOT commiting any offence and even the police cant complain at you.

Ill PM you it mate
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Old Mar 2, 2005 | 02:36 PM
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i dont see why everyone is supporting you here... to be honest, you deserve to be banned. over 100 miles per hour on a 60 limit road?? dont try and justify it as overtaking!! thats jsut speeding!!

everyone likes driving fast but there is a time and a place... and you should jsut accept your error and deal with the concequences...

i hate the way people always say.. oh the van was hidden, surely i should be warned, or the van was here so he couldnt get an accurate reading.. its all bollocks, you know you were speeding. they caught you. its that simple.

im sorry its harsh, but to be honest maybe a ban will teach you to respect the law and your access to a car and also maybe make you think next time you want to put your foot down.

speed limits arent jsut about hitting people, what if an animal ran out, or you had a blow out or mechanical fault, problems are always a lot worse at high speeds.

im sorry, but thats my opinion. i say be a man and face up to the concequences.
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Old Mar 2, 2005 | 02:39 PM
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Originally Posted by * Rudey *
nice 1 chip to get off with that wheelbarrow to carry ya balls?

The "person who test drove it" even sent a friend of mine a postcard from australia proving where he was
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