Hi

advice please

a mate at work has had a NIP for doing 38 in a 30 limit.

The problem he has is that the digital dash on his car failed while away for the weekend, the car was only two weeks old this is why he got done, there is no space on the form to explain this, he has the AA report and the garage report.

To go to court would cost a days holiday and

 

None of that is relevant. It's what's called a strict liability offence - doesn't matter what your intention was or whether you knew you were exceeding the limit - all the court has to be satisfied of is that he was actually exceeding the posted limite.

Because it's a fixed penalty offence, he's better off just taking the fine and three points.

If he had been charged with something which didn't come with an FPN, he could have used the fact it wasn't working as a plea in mitigation, to try to reduce the penalty, but it doesn't get you scott-free.

 

Tell him to take the three points and fine like a man.

And then to slow down in a 30 limit!

EDIT: On second reading this sounds pretty curt, which it wasn't meant to be.

 

Mark has commented far more authoritatively and articulately than I evercould, however I would have thought that driving his car in the knowledge that the speedo is fcuked would actually count against him - surely this fact could be used to make him look somewhat irresponsible???

 

I agree with Ianl - your mate could end up with an additional three points, at least in theory!!

 

Best just to take the 3 points, unfortunately
How many points does he already have ? If none or 3 then it would be good to make it as hard as possible for plod - request pic, etc. See "fighting the ticket" on the UK Speedtraps site. Accept the points in the end, though.
At least it will make the scam harder for them.

 

, just cough up.

Plus, sell the Peugeot (just a guess).

It might be worth him writing a letter to the manufacturer, enclosing a copy of the NIP, saying how angry he was that the defect got him points. He might get a free service or something.

 

Dont sign the NIP and go round in circles

 

- make them work for it.