Caught speeding at 107mph...

[tartan_rob]

Going down a dual carriageway Eastbound (A420). On the inside lane nothing in front of me and I stretch the car in 6th and back off. At that a geezer in a luminous green jumper jumps out of a hedge, I brake and think - "he is going to run out in front of me". As I approach I realise it is PC plod.

I pull up at the next roundabout and a panda car is sat on the central reservation. They pull me over and ask me why I was travelling so fast. Being a little lost for reasons I simply say, I can't come up with a sensible excuse.

I get out of the car and walk to the central reservation where he proceeds to take notes on a large A5 sized flip pad. There is no official police documentation at all.

A junior WPC is there and it would appear she is in training. Only one of the 4 have a white cap on. He takes down my name, address and other details and says he could offer me a fixed penalty but as it is over 100mph, he can't. He asks the WPC to check my details and she comes back shrugging her shoulders and obviously had not checked everything. I butt into their conversation and inform them that the car has only been with me a week and the paperwork is in the post but that it is insured etc. He says he'll complete the paperwork over the next 4-5days and tells me to go.

I have a few concerns:
1) The way the whole matter has been handled. PC jumping out of hedge etc
2) No official paperwork was used to take notes etc
3) They did NOT complete the checks on the car properly. The V5 paperwork is still in my drawer at home.....waiting to be completed and sent off
4) I was not given anything (producer etc) or asked to sign anything
5) 4-5days for Police paperwork to be completed

Anyone got any thoughts, had anything similiar or qualified to comment?

Thanks in advance,
Rob

[RS4KILLA]

court summons!!!

[bluenosewrx]

sounds a bit dodgy mate, thought they had to give you a NIP or at least a producer, also he would have had to read you your rights as well i beleive???

check out peppipoo.com

Mac

[johninspain]

was there a sighn anywhere saying speed trapping in process ?

[klauster]

if you dont get the NIP within 5-7 days I don't think they can do anything...

[P_G]

I also thought it was policy to read you your rights. Was read mine when I got caught over a ton.

[approved]

i think they rjust have to report you due to the speed, and then the CPS send you a summons...

[no_RS]

Definitely sounds questionable as surprising a driver like that could have caused an accident, I didn't think they were allowed to jump out as you describe.

Suggest you get professional advice to see where you stand, particularly as no paperwork has been given to you. The camera should have been operating in the area's identified at their site below, these are marked as may contain speed cameras.

http://www.safetycameraswiltshire.co.uk/index.asp

[drcarrera]

Unlucky Rob! I've often seen mobile cameras along that stretch.

AFAIK it's not a legal requirement for mobile speeds traps to be signed, so I don't think that's relevant. Plod jumpring out could be, though, and it definitely sounds like it was handled in a rather dodgy way.

As bluenose says, check out pepipoo - very useful site. And good luck!

[PetrolDave]

I think they have 28 days to send the NIP.

If you get one then 107mph will be an automatic candidate for a ban.

Expect the worse and it might get better... but don't count on it.

[bye bye]

if they didn't show you proof of your speed at the time...deny everything. No proof or paperwork then there was obviously a mistake....wasn't there?

If they did show you your speed i.e you don't mention if it was a speed gun or simply a copper jumping out of a hedge.

They know if you are insured too.....even if you'd picked it up that day.

More details might help...

[ArthurPE]

talk to a lawyer, let him do the talking to the authorities if they do charge you...
plan on getting a ticket for 107, perhaps they will cut you a small break, but don't count on it...
sounds like a speed trap...
prepare for the worse, initiate damage control

[Bigsidavies]

An NIP (notice of intended prosecution) must be served on you at the time i.e. verbally or sent to you within 14 days.
The cop should have said something like "consideration will be given to the question of prosecuting you for the offence of exceeding the speed limit" there may be a bit more, i cant remember it verbatim.

You should have been cautioned if they were going to question you about the offence; name address etc is not questioning, but asking you why you were driving at that speed etc is evidential and should be under caution (you do not have to say anything but it may harm your defence etc). Having said that, if you made no significant reply which it sounds like you didnt, then there will be nothing of evidence. The gun reading of 107 is all the evidence they would need i would think.
It may be prudent to get some legal advice re loopholes etc, it may be possible to say that it was not you driving, after all it's not registered to you and they didn't seem to spend long veryfying anything. Good luck and fingers crossed.

[MoRS6+]

Shame it's not a Toyota. You could blame the SUA phenomenon! In fact, I wonder how many have!

Seriously though, unlucky mate.

NIP info, taken from:

http://www.motorlawyers.co.uk/procedure ... cution.htm

"The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that in the normal course of events, it should have arrived.."

Is it just me or is that taking the frikking piss?

[MB2]

Bad luck. I'm sorry to say if the told you will be reported they have 6 months to get a summons to you (14 days is because noone has told you have been caught).

If the worst comes to the worst I would definitely get a lawyer to challenge how they got your speed - if they don't have a good speed reading - which if they did I would expect them to have shown you to get a confession (athough you can be prosecuted if 2 coppers just think you are going too fast) you could probably plead guilty to a specimen charge but dispute the 107.

Good luck !