OT speeding fine

Oct 24, 2009 36 Replies

Don't take my word for it, but it's my understanding that no prosecution means no conviction. Also, the course instructor specifically told my wife's group that they didn't need to inform their insurance co.

I should have added above that you do need to _pass_ the course in order for the prosecution to be dropped.

Willy Eckerslyke gurgled happily, sounding much like they were saying:

Strictly speaking, an FPN isn't a "prosecution" - it's an alternative to a prosecution, as is a course.

The simples wording on a certain car insurance comparison website says... "Please list any motoring convictions in the last 5 years. If unsure, conviction details can be found on your driving licence."

Most policies have a clause about material disclosure, requiring that they are informed about anything that might affect their risk.

Would not the act of having been caught speeding, regardless of whether the outcome was a conviction or a course, count as affecting the risk?

Chris

Chris Whelan gurgled happily, sounding much like they were saying:

Given the negligible increase in premium, I suspect not - but, equally, there's little to lose by doing so.

OTOH, it could be argued that "if unsure, details can be found on your licence" suggests that they feel a course is not relevant.

Presumably those running the courses would argue that they are turning dodgy drivers into safer ones, thus reducing the risk. If speeding fines were a true deterrent, you could claim the same about them, but I know too many repeat offenders to believe that.

A disagree of counting only..

If the offence is day 1, then the fourteenth day will still be valid If you count 14 days AFTER the offence you are quite correct.

I was taking the countdown as starting at the moment of the offence.

My name counts as conviction details?

By the same token, wouldn't being too stupid to understand the question count as affecting the risk? Have you declared that to your insurance company?

Alternatively, let's just go with "No".

Taking that to its logical conclusion the very act of speeding requires material disclosure, so most of need to 'fess up every time we go out on the road.

DAS

I was taken to court by the DVLA a few years ago for something and the DVLA representative tried the "putting it in the post means its served" routine. Magistrate threw it out there and then. I may have been lucky but it was possibly because the DVLA rep said something along the lines that anything they post is as good as recorded delivery, which is obviously bollocks.

Ian Dalziel gurgled happily, sounding much like they were saying:

Having met you, I can only say that it bloody well should.

AIUI the legislation was changed fairly recently to allow NIPs to be served via normal post for certain classes of offence. There is a requirement for the NIP to *arrive* within the required time assuming a normal postal service. I assume that means it has to be posted 1 working day before the deadline for 1st class and 3 days for 2nd class.

D A Stocks

...and in any event ANY insurance contract requires 'utmost good faith' between insurer and customer. I advised mine when I received my NIP for 36 in 30 and told them I was being offered an awareness course. They told me i was correct to infirm them and noted it on their file and told me that whether or not I did the course there would be no increase in premium since they recognise that 'everyone has points' these days. They did ask that I tell them if I ended up with any points and recommended taking the course if only to give myslef a little leeway for being caught in the futere. I completed/passed the course which was an absolute joke...run by Advanced driving instructor and a traffic policeman who did not put across one consistent argument between them. A shame really because , it seems to me, its quite a good opportunity that was missed. They were asked by members of the course if they needed to inform their insurers and the reply was "Don't think so" They were also asked about the longevity of points and weren't even able to answer that definitively. But then they were rushing off to the golf course...... Please reply to group - email address is not monitored Ian

We were somewhere around Barstow, on the edge of the desert, when the drugs began to take hold. I remember "sweller" saying something like:

More Job Creation Schemes under a different guise. The companies who run these schemes are making off with a pretty penny.

Thousands of speeding motorists may be able to escape fines and penalty points on their licences thanks to the postal strike.

In what is being seen as a test case, a High Court judge has quashed the conviction of a driver because the statutory police letter failed to arrive within the 14-day legal deadline. It had been delayed by Royal Mail industrial action.

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It could be argued that they're merely benefiting from a tax on idiots. Nobody's _forced_ to contribute.

It surprises my that the police rely on ordinary postal delivery without any acknowledgment or certainty that the post will actually arrive. I often miss receiving post where I live; letters are put into the wrong house or wrong street. It doesn't help that there are about five roads with similar sounding names. I have complained to RM over the last 15 years, but no change in spite of promises from Postmaster of better training. But new posties come along and make the same mistakes. It is really bad.

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