Speeding ticket

linds_hutch

Afternoon all

I’ve received a “notice of intended prosecution” letter today. 

Apparently going 35 in a 30. It states the road but as I drive this road on an amost daily basis as it encompasses my village it doesn’t state exactly where it is. 

I’ve looked at the pictures - the first one that says 35mph is basically black - you can’t see any defining features on it. The next photo is of my number plate - this is taken 6 seconds prior to the other photo but my recorded speed is 29!! 

So where do I stand? Am I expected to take their word for it and assume I was coming to the end of one of the village that the road passes through and accelerated prematurely or can I ask for location and information? 

The info that comes with the notice doesn’t really say how to dispute it - but if I go to fill in the online portal it says I can’t dispute it there!! 

Confused.
Also, whilst we assume it was me driving there’s a possibility it was my husband - the picture is black so no way of knowing exactly since it doesn’t specify a place or direction!
any advice?

TadleyBaggie

The only way to dispute it is to ignore any offer of a speed awareness course or fixed penalty and allow the matter to proceed to court.  However if you are found guilty at court, it’s going to cost way more. 

Car_54

You can't dispute a NIP - it's simply a notice, and you've been notified. The only way to defend the charge is to refuse or ignore any offer of a fixed penalty or course, and go to court, where the downside risk of losing is substantial. You'd be lucky to get away with £1,000.

You can certainly ask for a more exact location. They may not oblige, but it can't hurt to ask. But how will a better location help? The NIP gives the time and date, isn't that enough to determine the driver?

Whatever you do, do not fail to return the request within the 28 days. You must name the driver unequivocally - no nonsense like "Maybe A, maybe B" . Failure would bring 6 points, a bigger fine, and  a substantial increase on your insurance premiums for the next few years.

BTW the photos you've seen are not necessarily those to be used in evidence. 

TadleyBaggie

Also, the driver must be named. Failure to do so would see much worse conviction than just a simple speeding matter. You are probably best to take this matter to the FTLA forum at: https://www.ftla.uk/index.php

fatbelly

Unlucky. 10% plus 2

However, if you haven't had one in the past 3 years you may get away with a speeding awareness course

At this stage you just need to admit being the driver

Keep_pedalling

You will have to have a good think about who was most likely driving at the time. As has already been stated failure to identify the driver is a more serious offence which carries 6 points a hefty fine and a big jump in insurance premiums for the next few years. 

linds_hutch

Thanks all, so I tell them it was me driving (to be fair it was more than likely me, and go from there? I take exception in the fact that the picture where the speed is higher doesng show anything (even the outline of the car) but the still that shows the number plate the speed is 29 so I feel like I need to know where it is. I’m annoyed as if it IS where I think it is I always try my best to be super careful going along there as the speed limit has only fairly recently (last year I think) been changed from a National speed limit to a 30 as there’s a new estate there. I’m assuming that It was coming out onto national speed limit territory and I’ve accelerated prematurely :-( hence why I was clearly doing 29 in a 30 and then higher 6 second later. 

It’s a shame because I’m a careful driver, mindful of speed limits usually, not one of these that speed through every village as if it’s a racetrack :-(

born_again

linds_hutch said:

Thanks all, so I tell them it was me driving (to be fair it was more than likely me, and go from there? I take exception in the fact that the picture where the speed is higher doesng show anything (even the outline of the car) but the still that shows the number plate the speed is 29 so I feel like I need to know where it is. I’m annoyed as if it IS where I think it is I always try my best to be super careful going along there as the speed limit has only fairly recently (last year I think) been changed from a National speed limit to a 30 as there’s a new estate there. I’m assuming that It was coming out onto national speed limit territory and I’ve accelerated prematurely :-( hence why I was clearly doing 29 in a 30 and then higher 6 second later. 

It’s a shame because I’m a careful driver, mindful of speed limits usually, not one of these that speed through every village as if it’s a racetrack :-(

This is not the evidence. It's to help you with who might have been driving.

TooManyPoints

You are probably best to take this matter to the FTLA forum,,,,

Why?

The advice given here is perfectly sound. The OP must name the driver or face prosecution for failing to do so.

Only then will the police inform her of their intentions (which will almost certainly be the offer of a course, provided she has not done one for an offence which occurred in the three years prior to this one). Then she can decide whether  accept it or to challenge the allegation in court.

TadleyBaggie

TooManyPoints said:

You are probably best to take this matter to the FTLA forum,,,,

Why?

Because FTLA specialises in criminal matter and has several legally qualified members. 

TooManyPoints

Yes I know, I subscribe to FTLA.

But no legal advice is required here. It’s perfectly straightforward – NIP and s172 “request for driver’s details” received to which the OP must respond. 

The other issues don’t matter this stage and won’t until the driver decides whether or not to accept any offer the police may make.

She knows the time where the offence is alleged to have been committed. She also knows the place – certainly with sufficient precision to satisfy the requirements of both the NIP and the s172 request.

No other information will be forthcoming before that response is made so she should crack on and make it forthwith. I suggest she would receive identical advice on FTLA (especially if I respond).

From her description, the only possible issue is what the prevailing limit was at the point she was detected. Since she won’t see the evidence the police intend to rely on to prove that unless and until she is prosecuted in court, she will have to decide whether to accept any out-of-court offer the police might make without it.