2 Speeding fines

froomer

Hi All,

Wonder if you can help.

We have received 2 separate speeding fines which have the offence Date/Time/Location exactly the same. The only difference is the speed of vehicle is slightly different. 

This was captured using "manned equipment"

Obviously bang to rights if we were exceeding limit, but am now questioning the the validity of the equipment based on 2 separate speeds on each fine.

TIA

TheSpectator

Sure, question the fact 2 have been issued but you would need to plead not guilty to challenge the accuracy, with the risk any punishment will be harsher.

First things first, you need to name the driver.

TadleyBaggie

froomer said:

Obviously bang to rights if we were exceeding limit, but am now questioning the the validity of the equipment based on 2 separate speeds on each fine.

Almost certainly the operator "pinged" the vehicle multiple times, during which the speed had changed. For some reason the back office missed the fact that it was the same vehicle and issued two NIPs. No inference can be made that the equipment being used was inaccurate in any way. Almost certainly when you point the duplication out to the force in question, they will cancel one of the notices.

TooManyPoints

The device is assumed to be working correctly unless he contrary can be shown - by you. You will have to show that the device is so inaccurate that it cannot be relied upon to prove you were exceeding the speed limit.

The two different speeds might help you with that but I doubt it. The police will almost certainly present the court with a plausible reason why it happened. It may be down to a processing error.

You could try a bemused letter or e-mail to the police asking how your vehicle could have been travelling at two different speeds at exactly the same time and they might drop the matter entirely out of "embarrassment".

.We have received 2 separate speeding fines...

For clarification, firstly there is no "we" involved here (unless the Registered Keeper is a body corporate).

As well as that, you almost  certainly have not received two "speeding fines".. What you probably have are two "Notices of Intended Prosecution" and two "Requests for driver's details". Whatever issues you have with the offence itself, you must respond to these two requests within the 28 days allowed. Failure to do so is a separate, more serious offence.

What were the two alleged speeds and the prevailing limit?

froomer

They are 61 in a 50 and 57 in a 50.

Happy to admit to one, but not sure what to do about the other. 

TooManyPoints

Happy to admit to one, but not sure what to do about the other. 

You need to separate the two things you have to do.

The first is to respond to the "requests for driver's details". To avoid any potential aggravation, you must respond to them both. You are not admitting anything but merely telling the police who was driving the vehicle at the time and place they asked you about.. I would imagine (and hope) that when your responses are received somebody will realise there has been an error. But you cannot rely on that and the last thing you want is to face a charge of "failing to provide driver's details". This is a serious offence which carries a hefty fine, six points and an endorsement code (MS90) which insurers see as a reason to increase your premiums astronomically.

If you haven't done so before then, you can enclose a letter asking why there are two allegations for which, on the face of it, seems to be one offence..

Keep copies of everything you send and get a free certificate of posting from the Post Office.