Author Topic: Speeding tickets in London, and points on your license.  (Read 198 times)

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gerlep

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Speeding tickets in London, and points on your license.
« on: April 14, 2025, 02:20:24 pm »
Wonder if anyone can offer some advice. Got 2 speeding tickets for driving 25 in a 20 zone on Hollyway Rd, Islington. My wife and I drive on this road every day, and it was inevitable, one or both of us, would get a bit heavy on the gas. Anyway we both currently, have 3 points on our respective licenses, from speeding fines in Yorkshire two years ago, and have both subsequently sat Speed Awareness Course.
I am trying to find a way if possible to avoid more points on the licenses. We genuinely do not know who was driving on any of the two speeding fines. Can anyone offer a lead here? thanks

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666

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Re: Speeding tickets in London, and points on your license.
« Reply #1 on: April 14, 2025, 04:13:49 pm »
The first thing you (or whichever of you the s172 request is addressed to) must do is to name the driver in each case. Failure to do so is a much more serious offence than the speeding. Since you genuinely do not know (and cannot work it out with the required reasonable diligence) then the usual advice is to nominate the most likely driver(s). The nomination must be unequivocal - no buts or maybes.

The only way to avoid points would be to refuse any offer of fixed penalties, and defend the charges in court. Since you seem to accept guilt, that would be a foolish and expensive decision.

JustLoveCars

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Re: Speeding tickets in London, and points on your license.
« Reply #2 on: April 14, 2025, 04:45:45 pm »
I am trying to find a way if possible to avoid more points on the licenses.
Alas, that is unlikely.  Indeed, you may be turning 3 points into 6...

We genuinely do not know who was driving on any of the two speeding fines.
Upon receiving the request(s) you are to use reasonable diligence to identify the driver on each occasion.  If you do not know who was driving and cannot identify them after the aforementioned diligence then you do have the option to go to court and use the statutory defence.

However, there is a risk that you could be convicted for failing to furnish (6 points) if you cannot convince the bench you have reasonably exhausted the diligence.  What have you done so far as turning up at court and saying you just don't know is likely to be a certain conviction.

Given, there's 2 offences the keeper could be looking at a totting ban.

gerlep

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Re: Speeding tickets in London, and points on your license.
« Reply #3 on: April 14, 2025, 04:57:19 pm »
Thanks for both of these responses really appreciate it. I think it wise to take one each. Once that is done, is there anyway to appeal the points? I don't know if either of you live in London, but it has been a real trial observing 20mph, in the quietest of streets. Appreciate you taking the time.
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JustLoveCars

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Re: Speeding tickets in London, and points on your license.
« Reply #4 on: April 14, 2025, 05:01:11 pm »
I think it wise to take one each.
I think it's wise to use the reasonable diligence to identify the driver as per the law.

is there anyway to appeal the points?
No.  That is called a defence - and there doesn't appear to be one?  (i.e. the driver wasn't speeding or there's an issue with the signage/relevant traffic order)

I don't know if either of you live in London, but it has been a real trial observing 20mph, in the quietest of streets.
Yeah, 20mph limits are a pest but nevertheless legal.

gerlep

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Re: Speeding tickets in London, and points on your license.
« Reply #5 on: April 14, 2025, 05:05:17 pm »
DO i have rights to ask to see the video evidence of both speeding fines?
Thank you!

andy_foster

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Re: Speeding tickets in London, and points on your license.
« Reply #6 on: April 14, 2025, 05:07:15 pm »
There are no points and nothing to appeal until you are convicted (or if you accept a fixed penalty - in which case there is no appeal).
If you mean defend the allegation - that depends on whether you have anything to defend it on. So far you have told us nothing that indicates a viable defence, and if you defend it on the grounds that you think it's unfair, you will lose and be ordered to pay ~£650 prosecution costs on top of whatever fine the court decides to impose (and 40% surcharge on that fine.

We apply the law to the facts, and where possible indicate viable defences. We can't simply magic up a viable defence just because the accused doesn't want the points.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

gerlep

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Re: Speeding tickets in London, and points on your license.
« Reply #7 on: April 14, 2025, 05:11:16 pm »
Appreciate your comments. Thank you. Going from 3 points to 6, does that elongate the period of having the initial 3 points on my license?

andy_foster

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Re: Speeding tickets in London, and points on your license.
« Reply #8 on: April 14, 2025, 05:12:39 pm »
No
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

JustLoveCars

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Re: Speeding tickets in London, and points on your license.
« Reply #9 on: April 14, 2025, 05:14:26 pm »
DO i have rights to ask to see the video evidence of both speeding fines?
At this stage, no.  However, they may supply (non-evidential) photo's if you ask for them (to assist in the driver identification) - it does not change the deadline for responding to the driver nomination...

The camera may be front or rear facing of course.

(And it's not video footage - it will be stills, usually 2)

JustLoveCars

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Re: Speeding tickets in London, and points on your license.
« Reply #10 on: April 14, 2025, 05:19:02 pm »
Going from 3 points to 6, does that elongate the period of having the initial 3 points on my license?
I'm not 100% sure what you mean by this.  But, generally, the driver would receive 3 points for the speeding offence or (the keeper, usually) 6 points for failing to furnish (if convicted).  It would be unusual, but not impossible, to get 9 points for each.

But points are points, not matter how they are gained.  12 being the point at which a totting ban (6 months) would be triggered, absent an exceptional hardship plea.
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666

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Re: Speeding tickets in London, and points on your license.
« Reply #11 on: April 14, 2025, 05:28:34 pm »
Appreciate your comments. Thank you. Going from 3 points to 6, does that elongate the period of having the initial 3 points on my license?
No. The points are active for 3 years from the date of the offence to which they refer. They stay on your licence for a further year, but no longer count for totting purposes.
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gerlep

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Re: Speeding tickets in London, and points on your license.
« Reply #12 on: April 14, 2025, 05:29:54 pm »
thanks for this!

NewJudge

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Re: Speeding tickets in London, and points on your license.
« Reply #13 on: April 14, 2025, 05:35:12 pm »
Quote
Going from 3 points to 6, does that elongate the period of having the initial 3 points on my license?

Points remain active (for totting up purposes) for three years from the date of the offence. Gaining more points later on (if that's what you mean) does not alter that. So the first three become inactive on the third anniversary of the offence which caused them to be imposed.
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