speeding conviction ,any advice or thoughts please

Discussion in 'Motorhome Chat' started by andy63, Apr 12, 2016.

  1. andy63

    andy63 Funster

    Joined:
    Jan 19, 2014
    Messages:
    1,848
    Likes Received:
    6,467
    Location:
    south shields
    In august 2015 I got a fixed penalty notice from the Scottish police for what I thought was doing 60 in a 50 mph zone.
    I admitted I was the driver ,paid fine and got 3 points.
    Today an insurance query took me to a government site to check the date and fixed penalty code..

    It turns out that the code is for an SP10... light goods vehicle exceeding the speed limit...
    As the vehicle is a Ford transit and registered as a motor caravan I'm assuming that I was still within the law to be doing 60 on a single carriageway
    My fault I know for not studying the notice when I got it,but if the above assumptions are right and the notice was issued because I was thought to be a goods vehicle ,then the police didn't check the vehicle details before sending the notice...
    Has anyone ever been able to overturn their penalty points after accepting them??
    Ta andy..
     
  2. DavidG58

    DavidG58 Funster

    Joined:
    Feb 24, 2013
    Messages:
    6,282
    Likes Received:
    12,118
    Location:
    Bolsover, Derbyshire
    No idea what the outcome will be Andy, but got to be worth a letter at least, you have absolutely nothing to lose :)

    Best of luck and please let us know how it goes (y)
     
    • Like Like x 3
  3. PP Bear

    PP Bear Funster Life Member

    Joined:
    Apr 5, 2013
    Messages:
    2,082
    Likes Received:
    6,036
    Location:
    UK
    Think a letters in order, it can't hurt can it.

    Then there's legal advice, but either was I'd get it amended or squashed.
     
    • Like Like x 2
  4. DanielFord

    DanielFord Funster

    Joined:
    Jun 1, 2013
    Messages:
    2,196
    Likes Received:
    2,483
    Location:
    Surrey
    Assuming you are under 3.05tonnes (from memory) then yes the conviction was unsound and can be appealed. You may appeal at any time after conviction (within reason) I believe. Speak to a motoring law solicitor, many will do a first consultation for free.
     
    • Like Like x 3
  5. Minxy Girl

    Minxy Girl Funster Life Member

    Joined:
    Aug 22, 2007
    Messages:
    8,537
    Likes Received:
    9,910
    Location:
    E Yorks
    I may be wrong but the fine might be based on the unladen weight more than the fact that it was classed as a good vehicle, it may be a 'catch-all' code? Its the unladen weight that, I believe, determines what speed you can do.
     
    • Like Like x 1
  6. parknride

    parknride Funster

    Joined:
    Jan 21, 2014
    Messages:
    2,111
    Likes Received:
    4,852
    Location:
    cumbria
    Does your insurance offer free legal advice? It's worth pursuing, nothing to lose (y)
     
    • Like Like x 2
    • Informative Informative x 1
  7. NickNic

    NickNic Funster Life Member

    Joined:
    Jan 14, 2014
    Messages:
    5,436
    Likes Received:
    11,124
    Location:
    Kettering
    Not necessarily.

    It's a silly quirk in the law - the speed limits for motor caravans are dependent on their unladen weight. Less than 3.05t unladen you can do 60, over 3.05t you're restricted to 50. Motor caravans are the only vehicle class restricted based on this weight.

    https://www.gov.uk/speed-limits

    That's unladen, not MIRO. No converter as far as I'm aware records this weight so you will have a bugger of a job trying to prove you were under, even if you happened to be. Your only chance might be is if the stated MIRO is less than that.

    From your avatar it looks like you have a PVC so it might be.

    No idea if you can change your mind after accepting the fixed penalty though.
     
    • Informative Informative x 2
    • Like Like x 1
  8. DuxDeluxe

    DuxDeluxe Funster Life Member

    Joined:
    Jul 10, 2008
    Messages:
    9,360
    Likes Received:
    25,077
    Location:
    Planet Zog
    I think that once the fixed penalty has been accepted, that is the end of it. Sorry, you are out of options...


    The payment of a Fixed Penalty prevents any further action being taken with respect to the offence.

    Equally, once a Fixed Penalty Notice is accepted, a motorist may not request a court hearing.

    If you are issued with a fixed penalty notice for an offence (e.g. using a mobile phone, speeding or driving with no insurance) and you do not accept that you have committed the offence or believe that there are circumstances in connection with the offence that should be considered, you should seek legal advice before accepting the notice.
     
    • Informative Informative x 3
    • Like Like x 2
  9. pappajohn

    pappajohn Funster Life Member

    Joined:
    Aug 26, 2007
    Messages:
    29,466
    Likes Received:
    16,913
    Location:
    YO11 2BD
    Have a look on the VIN plate or your V5 document....you may be lucky and it shows the unladen weight of the base vehicle.
    Under 3.05t you have a case.
    The converters plate, if it has one, wont show unladen weight.

    Many insurers disregard one speeding offence anyway....unless its a stupid speed.
     
    • Like Like x 2
  10. Lee Fryer

    Lee Fryer Funster

    Joined:
    Aug 21, 2014
    Messages:
    125
    Likes Received:
    58
    Location:
    Eastleigh
    Get
    Free Motor Legal membership. & ask them.
    Lee
     
    • Like Like x 1
    • Thanks Thanks x 1
  11. andy63

    andy63 Funster

    Joined:
    Jan 19, 2014
    Messages:
    1,848
    Likes Received:
    6,467
    Location:
    south shields
    Don't want this to develop into the unladen weight of the vehicle and speed limit thread... I'm happy I could argue that point..
    and have weigh bridge tickets to show the van came in at under 3050kg after conversion and im sure it had more on board at that time than would have been necessary to establish an unladen weight..
    It's more a do you think it's possible to loose 3 points after accepting them.... If I have a case
    Ta andy
     
  12. pappajohn

    pappajohn Funster Life Member

    Joined:
    Aug 26, 2007
    Messages:
    29,466
    Likes Received:
    16,913
    Location:
    YO11 2BD
    Looking at Dux reply above, you have no chance.
     
    • Like Like x 2
  13. Jaws

    Jaws Funster Life Member

    Joined:
    Sep 26, 2008
    Messages:
    18,337
    Likes Received:
    21,681
    Location:
    Narrfoook
    I aint so sure..
    A few years ago a chap who was working for me had a similar situation
    Went to a solicitor who said pay the fine and then context the offence
    Outcome for him was good.. He got the fine back and the points removed ..
     
    • Like Like x 7
  14. andy63

    andy63 Funster

    Joined:
    Jan 19, 2014
    Messages:
    1,848
    Likes Received:
    6,467
    Location:
    south shields
    Thanks David.. I feared that may be the case... It's the 3 points that's peeing me off... and my fault for not looking more carefully at the notice when I got it....
     
    • Like Like x 1
  15. andy63

    andy63 Funster

    Joined:
    Jan 19, 2014
    Messages:
    1,848
    Likes Received:
    6,467
    Location:
    south shields
    Fresh hope.. Thanks jaws...
    I will send a letter off asking for confirmation of my thoughts and the reason for the notice... I'll point out that if it was issued as a goods vehicle fine then they couldn't have checked the vehicle details...... see where that goes..
    Ta andy
     
    • Like Like x 1
  16. TheBig1

    TheBig1 Funster Life Member

    Joined:
    Nov 27, 2011
    Messages:
    7,222
    Likes Received:
    9,602
    Location:
    Dorset
    I fear that the cost of the solicitor necessary to overturn the offence would be more than the cost of just leaving it as is
     
    • Like Like x 1
  17. DanielFord

    DanielFord Funster

    Joined:
    Jun 1, 2013
    Messages:
    2,196
    Likes Received:
    2,483
    Location:
    Surrey
    Before you enter into any correspondence, seek legal advice, we are only social media warriors, and you could say something that would prejudice your defence.
     
    • Like Like x 4
  18. Abacist

    Abacist Funster

    Joined:
    Oct 15, 2013
    Messages:
    1,202
    Likes Received:
    1,243
    Location:
    Devon
    It seems to me that the fine and points are inequitable because the police, safety partnership or whoever have made a mistake. There is no disputing the speed but the speed was legal for the vehicle being used. I think its very much worth an hour free first appointment with a lawyer specialising in motoring law.

    There was NO offence!
     
    • Like Like x 4
  19. DuxDeluxe

    DuxDeluxe Funster Life Member

    Joined:
    Jul 10, 2008
    Messages:
    9,360
    Likes Received:
    25,077
    Location:
    Planet Zog
    That was advice from motoring solicitors, not me..... http://www.motordefencelawyers.co.uk/motoring-offences/fixed-penalty-notice/

    I would guess that they know what they are talking about, but worth a shot if it isn't going to cost anything much
     
    • Like Like x 1
  20. normanandsue

    normanandsue Funster

    Joined:
    Dec 31, 2010
    Messages:
    1,296
    Likes Received:
    3,873
    Location:
    Dunfermline - Scotland
    • Like Like x 1
Loading...

Share This Page