Notice of intended prosecution Met Police, speeding 24 in a 20 Zone.

Jayd30

Hoping I have put this in the correct forum section. I just returned home from a trip away and opened a letter from the Met Police which turned out to be a notice of intended prosecution by doing 24 in a 20 zone. 

I don't recall speeding but a camera has obviously picked me up on the way to or from a tip to the local recycling centre at that speed. 

My question comes from what I have read online (and its something that even the Met Police says it follows) around the NPCC National Police Chiefs’ Council guidance on speeds which is 10% +2. This apparently was amended to this in 2019 from 10% + 3. 

Now I do know that the max limit you should travel at is that dictated on the road sign so I am not looking to argue that but I find the guidance confusing in relation to notices of intended prosecution.

The below is a FOI request responded to by the MPS where they state the 10% + rule. 

https://www.met.police.uk/foi-ai/metropolitan-police/d/march-2022/current-guidance-relating-to-speed-cameras/

If this is the case would I have grounds to contest this notice? The speed limit was 20, 10% + 2 in my mind would mean that at 24 mph it would not trigger a notice of intended prosecution? 

I have yet to respond to the notice and thought I would ask the question on here before doing so. The reason I am asking the question is because it does seem contradictory for the Met to state that are following NPCC guidance but on the other hand TFL (who I believe manage the cameras) are  not operating to the same policy? 

The road I was travelling on and in question is the A205 Academy Road in London.

Is it worth contesting or provide details? 

Any help/thoughts appreciated. 

Ref44

I think you'll find that the 10% + 2 is the starting point for prosecution, so for example 35 in a 30 would result in action.

Fruitcake

Since we specialise in parking charges from unregulated private parking companies on this forum, you would be better taking this over to Free Traffic Legal Advice on Free Traffic Legal Advice - Index (ftla.uk)

Nearlyold

The 10% +2 threshold is at the discretion of the police, there is no mention in the legislation of this concession so from a legal perspective I can't see that you'd have a case

Jayd30

Nearlyold said:

The 10% +2 threshold is at the discretion of the police, there is no mention in the legislation of this concession so from a legal perspective I can't see that you'd have a case

But it is mentioned in the FOI request posted by the Met Police that this is what they follow? 

Jayd30

Fruitcake said:

Since we specialise in parking charges from unregulated private parking companies on this forum, you would be better taking this over to Free Traffic Legal Advice on Free Traffic Legal Advice - Index (ftla.uk)

Thanks @Fruitcake I have moved this post over there. How can I delete this thread?

Le_Kirk

Jayd30 said:

Thanks @Fruitcake I have moved this post over there. How can I delete this thread?

You cannot, just let it fade away by not posting on it.

Petriix

Nearlyold said:

The 10% +2 threshold is at the discretion of the police, there is no mention in the legislation of this concession so from a legal perspective I can't see that you'd have a case

AIUI no one has ever published a NIP for speeding at a speed lower than the 10% +2 threshold. There are some NIPs out there showing a lower speed but they all turn out to show some other offence. It doesn't help the OP however because their NIP shows 10% +2.

For clarity, speedometers are not allowed to read lower than the actual speed but can be up to 10% higher so, in order to be caught at 24 mph it's likely that the displayed speed was 26 or even 27 mph. As such there's no excuse for accidentally exceeding that threshold and zero chance of appealing successfully.