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I
was not the driver; it was a friend/relative from abroad?
If the person nominated as driving the vehicle at
the time of the alleged offence is living abroad, we will
ask for proof of insurance details, and/or flight details.
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I
was not driving the vehicle, and I do not know who
was. What do I do next?
The law states that the person who has responsibility
for a vehicle at the time of an offence has a duty to name
the driver. Either as the owner or nominated person, you
have a duty to identify the driver of the vehicle in question.
Failure to provide the information will result in the keeper,
nominated driver, or company being summonsed.
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Are
my Human Rights infringed if I respond to this Notice?
No. You are still obliged to provide the information
as requested. Failure to do so will result in prosecution.
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What
happens if I ignore the Notice?
The fixed penalty notice is intended to be a quick and simple system giving the
motorist the opportunity to resolve the matter without attending court. Failure
to respond will result in your case being passed to the courts for failing to
comply. In North Wales the average fine at court for this offence is £148
with 4 penalty points.
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What
if I go to court?
You have a right to challenge the offence in court.
The magistrates will decide on any fine or penalty points
to be awarded. Courts have the right to increase any fine
or penalty points as they see fit, in addition to court
costs being imposed if convicted. The Police have no involvement
in the final outcome.
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Are
the Police really going to waste the court’s
time if I ignore this fine?
It is the duty of the Police to bring alleged offences
before the courts.
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Do
I need to submit BOTH parts of my Driving Licence?
If you have a counterpart licence AND an ID Photocard licence then BOTH parts
must be submitted together with payment. In the UK both parts constitute a complete
licence.
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Can
I pay by installments?
There is no facility for this; the courts can only
arrange it. Card payments can be made.
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There
were no speed limit signs so how would I know what
speed was acceptable?
In this case the most likely answer is that you were in a 30mph area. The Highway
Code clearly states that in a built up area with a system of streetlights the
speed limit is 30mph unless signed otherwise. The local authority is responsible
for signing the highway, but legally cannot place any additional signs reinforcing
the speed limit in a 30mph area.
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I
was unaware of the speed limit.
All drivers must drive within the law, and the limits
set. They are a ceiling and not a target.
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Who
decides where the speed enforcement takes place?
This is decided by a number of bodies e.g. the police,
health authorities, and county councils or even by residents
through their local representative. All sites are situated
in one of the following areas:
- Routes which have a high collision rate
- Outside educational establishments
- Temporary roadworks
- Areas of Community Concern
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Are
the sites legal?
All sites adhere to current government legislation
and Arrive Alive vehicles are situated along the advertised
enforcement routes.
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Can
I have a copy of the calibration certificate?
Due to the nature of mobile enforcement and rotation
of fixed cameras, calibration certificates do not automatically
relate to a set location, therefore if a particular certificate
is required this will be availble as part of the evidence
should a case be heard in court. All cameras used by Arrive
Alive are Home Office Type Approved, correctly calibrated
and operated according to the manufacturers requirements.
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My
driving licence details are not correct, my name and
/or address have changed.
You should apply for a replacement licence AFTER you
have dealt with this Notice.
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I
have a clean driving history, is this taken into
consideration?
No, prior driving history/clean licences are not taken
into consideration.
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How
long will the points remain on my driving licence?
Penalty points are valid for a period of three
years, but cannot be removed from your driving licence
until four years have elapsed. After the four years have
elapsed you can apply to DVLA for a replacement licence.
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Can
I have a higher fine and no penalty points?
No. If you receive a fixed penalty, the fine is set by the government and therefore
not negotiable. The penalty set by the government is £60.00 plus three
penalty points.
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Can
I appeal against this Notice?
Yes, this MUST be done in writing and cannot be done over the telephone,
however any decision made is final, and any further appeals must be put before
a court. Please DO NOT submit your driving licence and payment until a
response to your correspondence has been received. An appeal cannot be considered
by CTO once the penalty has been complied with.
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This
is all about raising money?
Fines from offending motorists are used to extend Arrive
Alive to other roads in North Wales . It CANNOT be used
for anything else. Routes are publicised and signed. Arrive
Alive vans and fixed camera sites are all highly visible.
Throughout the UK these partnerships have demonstrated
that introducing safety cameras at specific locations dramatically
reduces the number of people killed and injured on the
roads.
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