road traffic offence questions

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Banned driver who failed to reapply caught for speeding: what will the penalties be? — by Conrad Murray — last modified 2007-04-29 08:04

I lost my licence in February 2002 for 18 months. I have not re-applied. I was caught approx 20mph over the speed limit with no licence but insured on someone else insurance. What will happen to me?

Red light offence: photograph shows the car but doesn't show the red light — by Conrad Murray — last modified 2007-04-29 07:31

I have been caught out for a traffic order offence for jumping a red light and given 3 points with £60. I have the photographic evidence, which doesn't show the visibility of the lights from my vision. Moreover the pedestrian was still standing on the kerb well after I have crossed the lights, which means the pedestrian lights were still not green. How does it then conclusively prove that I have jumped a red light?

Caught for speeding on two cameras within a mile: do they count as one penalty? — by Murdo Maguire — last modified 2007-02-28 10:36

As an HGV driver I have fallen foul of the dreaded mobile camera. I was recently informed that two offences for which I received separate summons for each that took place within minutes of each other going in the same direction should only be classed as one offence. Is this correct? Also the nine points on my licence were issued in Jan/ 2004 are all coded SP20. The offences all relate to driving a HGV class one I understand from the same source that this coding is also incorrect and should be SP10. Is this the case and would I have had any redress had I known these facts earlier? I hope your answer may help others in the future should they get caught by two cameras on two bridges less than a mile apart on the same road facing the same way.

Insurance offences: verbal NIPs, serving of summonses and use of Fixed Penalty Notices — by Murdo Maguire — last modified 2007-02-28 06:41

I was stopped by the police for driving without insurance on the 16/02/07. When can I expect to be contacted by the prosecutor or courts? Do they have to do it within 14 days? What happens if they don't contact me within this time?

Points on licence: do they run from date of offence or date of conviction — by Murdo Maguire — last modified 2007-02-26 17:39

If you are to receive points on your licence, do the points go from the date of the offence or the date of the court case?

Relationship between the police and the Highways Agency — by Murdo Maguire — last modified 2007-02-26 13:04

Is the Highways Agency control room used to detect speeding on motorways and do the Highways Agency Traffic Officers provide information about speeding drivers to police on the ground?

Notice of intended prosecution but the driver has moved and I don't know where he is: what next? — by Murdo Maguire — last modified 2007-02-23 04:33

I have been sent an NIP for speeding and sent them a reply advising them of the driver and address. It was an old friend of mine who borrowed the car. He was doing 50mph on a temporary 40 mph zone. Apparently the address has turned up unsuccessful. They have sent me another letter with same details again. What do I do? Am I going to be held liable?

Parking outside residents' houses: seeking a residents' parking zone and dealing with abandoned vehicles — by Murdo Maguire — last modified 2007-02-21 16:47

I bought a new terraced town house in Bournemouth last year. It has no front garden and was fronted by a single yellow line. I checked before purchasing what the status was on parking and the residents had complained about the implementation of the yellow line which removed their ability to park outside their houses. In response the council revoked the restriction and parking was again allowed. The problem is that this has permitted neighbours, visitors to neighbours and visitors to nearby businesses to constantly park outside. There yellow line has a 4 hours limit and while there is a loose agreement beteen owners - one car outside and any other cars park in a nearby street where there is ample parking - people in other streets in the surrounding area ignore this. Are there any means that the owners of the houses on my block can pursue privately to secure our parking e.g. private parking/clamping scheme? Furthermore a week before Xmas, a car was left outside my next door neighbour's house. The tax expired at the end of December but it was only finally removed last night. Can you advise what we can do if it occurs again.

Speed camera in concealed vehicle at right angle to the road: is an accurate reading possible? — by Murdo Maguire — last modified 2007-02-21 13:44

I received a notification of speeding offence to my surprise where I am accused of doing 37mph in a 30mph zone. I'm pretty sure I was within the 30mph and didn't see any mobile speed van. I was informed by a local it was located behind a wall at a right-angle to the road I was travelling on. Would such a location induce possible errors in capturing an accurate reading? How could I find out if the instrument was/is capable for such use. I'm aware that laser machines need to be accurately located on an exact spot on the vehicle (usually the number plate) during its measurement. In my case, since this was taken nearly at right-angles to my direction of movement keeping on the same spot or even using the rear number plate as I passed by would require panning of the device to ensure this. Would this argument be a suitable defence or justification and avoid going to court? Could I question this directly with the Police Authority before pleading not guilty?

Hit by stolen car. Owners traced, but can I claim off their insurers? — by Conrad Murray — last modified 2007-02-21 03:25

My son was driving my car when he was hit by a stolen car. I have traced the original owners. Can I claim back off their insurers the cost of repair?

Speeding offence on a foreign licence and period in which doucument leading to a summons must be issued — by Conrad Murray — last modified 2007-02-20 11:24

I was photographed speeding on M4, doing 58 in a temp. 40 zone. I hold a Dutch driving licence but am resident in England. I was offered a fixed penalty of £60 and 3 points, but due to the non UK licence, I have now been summonsed. The alleged ffence was committed 24-7-06, the summons received 13-2-07. Is this out of time? Will the fine be greater than what it would have been had I had a UK licence ?

DVLA warns motorists – don’t get cloned — by Conrad Murray — last modified 2007-02-20 10:29

DVLA today warned motorists to be on the lookout for stolen vehicle registration certificates when buying a used car. Descriptions of the stolen documents known to be in circulation have been issued.

Potentially "out of time" speeding offence — by Conrad Murray — last modified 2007-02-20 05:17

I was caught speeding on 19th July 2006 which I received an NIP for. I filled this in and returned with name and address of driver, which is myself. This gave me 12 points on my licence. I was informed that a court summons would follow. This summons arrived on 6th February 2007 posted on 5th February. Is this out of time? The issue date was 18th January 2007.

If I return late to my vehicle late due to unforeseen circumstances can I challenge a penalty charge notice? — by Murdo Maguire — last modified 2007-02-16 13:05

A vehicle was parked in a pay & display bay. Tickets had been purchased up to the anticipated period of stay. Due to unforeseen circumstances the owner of the vehicle returned 16 minutes after the expiry time & was issued with a £60 parking ticket. Is there a statutory defence.

New driver: recovering a licence and implication of any future points — by Murdo Maguire — last modified 2007-02-15 09:27

I am a new driver still within my probationary period and as a result of a second speeding offence the DVLA have revoked my licence for getting 6 points. What procedure do I have to follow to get my licence back again and what are the implications if I receive any additional points in my next probationary period.

Cloned number plate? Vehicle photographed in bus lane when owner knows it couldn't have been there — by Murdo Maguire — last modified 2007-02-15 07:10

I have received a penalty charge notice from Newham council for being parked in bus lane on the 21st Jan 2007. They say they have video evidence. I have not been to London for around 3 years and I have not lent my car to anyone else. Neither me nor my car could have been in London. I'm not sure how they pictured my number plate, unless someone put a fake plate on their car. What do I do? Where do I stand? How do I disprove the allegations?

Discovering the evidence relating to speeding offences - calibration and officer training — by Murdo Maguire — last modified 2007-02-14 07:11

I received a notice of prosecution for speeding - I think by a mobile camera but I am not sure. How can I find out what device was used? Also do I have a right to see the calibration records for that machine along with the training records for the officer who operated it. I am fairly sure I was not exceeding the limit.

"Exceptional hardship": appealing against a ban received under the totting up procedure — by Murdo Maguire — last modified 2007-02-14 05:18

I have held a clean driving licence for 11 years. I am an electrician and started my own business last year. I am currently being prosecuted for driving without insurance due to a payment error which I have been told will probably bring me 6 points. My court hearing has not happened yet but I have also received two fixed penalty notices within a week both giving me 3 points each. If this is the case then I will have totted up 12 points and am told that 12 points will lead to an automatic ban. As my vehicle is necessary to run my business can I appeal against this?

Is it necessary for police officers to stop a speeding driver at the scene? — by Murdo Maguire — last modified 2007-02-13 14:58

I was travelling down a duel carriageway yesterday which is a 50mph limit. I was behind another vehicle overtaking at about 65mph when I saw the vehicle in front brake and pull into the inside lane. On following him I noticed a police officer standing with a speed gun at the side of the road and am unsure what speed I was doing. The police officer seemed to follow me with the gun as I went past but I was not stopped. Do you think I may still get a conviction or does the officer have to stop me at the scene?

Time limits for Fixed Penalty Notices and summonses — by Murdo Maguire — last modified 2007-02-13 14:59

I was driving a company vehicle on the 8th May 2006 and notice was given to the firm that a drivers speed was recorded at 38 in a 30 zone. The company notified Police that I was the driver. In late June I was sent a doc asking me to furnish information and confirmation that I was the driver. I sent on the 27th of July a letter with wording advised by the Motorcycle News as to case law regarding no caution given to driver. On the 30th of August 2006 I received a typed letter advising me that the case law I referred to was not subject to PACE codes and I would shortly receive a conditional fixed penalty. It is 12th February 2007 and I have received nothing from the police.