Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: JungleMan on June 02, 2025, 11:06:35 am
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Yeah I think we need to see this. However Gwent police state they use 10%+2 as a threshold. From a recent FOI request for the Newport section of the M4
at what average speed do the cameras prosecute drivers? Is it the same as
the standard police leeway of 10% +2, so above 57mph?
Yes, the tolerance is 10% +1, prosecution begins at 10%+2
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We have often seen on here claims of action being taken for speeding below the police guidance of (Limit + 10% +2mph). There has never been, as far as I am aware, any evidence to support those claims.
Do you have any paperwork which could substantiate those speeds/limits which you could post up? If the police have begun enforcement below the thresholds they are said to use, it would help us advise others.
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Maybe - but less so my previous ones for 52mph and 54mph... I kind of wish I'd fought those now rather than just accepting the points/course.
Something doesn't add up here - you wouldn't receive NIP's for 52 and 54 in 50mph limit.
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it kind of feels a bit remiss that such small margins are being pursued, and resulting in a possible ban - is that really in the public interest?
10% + 2mph before action is taken. Not such a small margin. But as you hint, how the points are gained is irrelevant to an EH plea.
Maybe - but less so my previous ones for 52mph and 54mph... I kind of wish I'd fought those now rather than just accepting the points/course.
Thank you for your response.
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it kind of feels a bit remiss that such small margins are being pursued, and resulting in a possible ban - is that really in the public interest?
10% + 2mph before action is taken. Not such a small margin. But as you hint, how the points are gained is irrelevant to an EH plea.
Obviously, that's not an argument I can win... so realistically, what are my options? Complete the NIP, wait for the summons - then what?
Basically. Even if they do offer a fixed penalty, you cannot accept it (as one of the conditions is not totting). Then attend court to submit your EH plea.
I'd struggle to prove exceptional hardship - I run my own business which does require me to attend client meetings, but I understand that isn't really exceptional hardship. I do have a family (3 kids) - but my wife drives (although she works long hours), so arguing that they can't get to clubs and events isn't really valid. Is this a lost cause?
There's nothing to be lost in submitting a plea.
Here’s Magistrates’ guidance when dealing with such a plea:
When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following:
It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn.
Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence.
Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account.
Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable.
Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others.
So you need to demonstrate that the hardship you and/or others will suffer is over and above that would be suffered by other drivers. You will need to explain why you think the consequences of a ban are “exceptional” (bearing in mind the above guidance). Bear in mind that you will have had some time to investigate such possibilities and the court will expect you to have investigated the possibility thoroughly.
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I know this is all irrelevant but figure I'll include it anyway:
Until 5 months ago, I had a completely clean license. I then received 3 Nips in quick succession (all for driving on the M4 in newport at between 52-57 mph in the 50 zone on the M4). One resulted in a speed awareness course, and I got two lot's of 3 points. Then in February, I received another NIP for driving 57mph in a 50 this time on the M5 in worcestershire - another 3 points.
I now drive very cautiously, and ensure not to push my speed, so I was very surprised to receive another NIP in the post yesterday. Again, for driving at 57mph in the 50 zone in newport (at 6:30 am on a sunday - not that it really matters!). Now, I doubt I could argue with average speed cameras - but I do recall the journey, and recall sitting at 50, and even remember feeling slightly relieved as I got to the end of the zone (because it's quite hard keeping your speed to 50 on a deserted motorway). To say I'm gutted is an understatement, and whilst I get the law is black and white, it kind of feels a bit remiss that such small margins are being pursued, and resulting in a possible ban - is that really in the public interest?
Obviously, that's not an argument I can win... so realistically, what are my options? Complete the NIP, wait for the summons - then what? I'd struggle to prove exceptional hardship - I run my own business which does require me to attend client meetings, but I understand that isn't really exceptional hardship. I do have a family (3 kids) - but my wife drives (although she works long hours), so arguing that they can't get to clubs and events isn't really valid. Is this a lost cause?