Got a prosecution notice - What are the right steps next?

Got a prosecution notice - What are the right steps next?

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bridgland

Original Poster:

513 posts

224 months

Thursday 23rd June 2016
quotequote all
Just got a call from my wife to say that I have got a letter through stating that I am to be prosecuted for speeding by a camera van. Just want a little advice as to what options I might have and whether it is worth getting some legal advice, or just take it like a man.

I was apparently doing 92 miles per hour on a 3 lane dual carriageway with a 70 mph speed limit.

I was one of 3 cars that were in excess of the speed limit when we got sight of the van. The first car was undertaking all the traffic in the inside lane and I had just pulled out behind another car into the outside lane, with that car going slightly faster than me when we all came into sight of the van, which I obviously then slowed down for (obviously too late).

As I was relatively close behind one of the other car that was also speeding, and it was going slightly faster than me, is there any chance that the speed reading might have come from his car, as I don't believe I was exceeding 90 mph (I believe I was closer to 85 mph)?

Are there any details I should try to get from them about the technology and evidence they have, or would that just cause me more issues?

Thanks in advance for any comments (positive or negative) wink

kiethton

13,890 posts

180 months

Thursday 23rd June 2016
quotequote all
Both the same penalty for 92/85 so if you were speeding I'd just chalk it up - only 3 points/£100

You have to respond to the NIP nominating the driver - yourself - and await their next letter else there'll be an even larger penalty to come

bridgland

Original Poster:

513 posts

224 months

Thursday 23rd June 2016
quotequote all
Apparently, anything over 90 MPH takes you into another prosecution band with 4-6 points, or 7-28 day ban and a significant fine (well over £100, with means testing). I want to know if there is any doubt to the speed that I am recorded to have done, as I am not convinced that I was going over 90 MPH.

kiethton

13,890 posts

180 months

Thursday 23rd June 2016
quotequote all
Where are you located?

Anything below 96 should be a standard fixed penalty


bigbob77

593 posts

166 months

Thursday 23rd June 2016
quotequote all
You were speeding and you got caught. What is there to fight? They have video evidence of you speeding. You can claim their device may have been pointing at a different car but they can use high school physics to work out your speed.

I was "caught" by a camera van when I knew I wasn't speeding. I could remember the drive, I could remember the location and the van, I knew they were wrong. They said I was doing 81 but I was doing an indicated 70.

I went to court. I had to attend 6 times before they finally set a date. The court was a few hours drive away so it was 6 days lost from work before they even let me speak.
When I actually did get a date, they called FIVE witnesses despite there only being one person in the van.
I had to sit through hours of their nonsense before I finally got 20 minutes to speak - at which point they said it was after 5pm, court was closing, I'd have to come back another day.

Luckily 20 minutes was long enough to show them I was well prepared. I ran them through the video evidence showing two fixed points and times, which worked out my speed to 64mph.

Before the next court date they sent me an email agreeing I was only doing 64mph and called it off.

SEVEN DAYS OF LOST WORK WHEN THERE WAS VIDEO EVIDENCE THAT I WASN'T SPEEDING

If I knew what an utter PITA it was going to be, I would have just taken the 3 points.

... And you want to go through that process when your defence is "yes I was speeding, but I was also tailgating"?

rolleyes

bridgland

Original Poster:

513 posts

224 months

Thursday 23rd June 2016
quotequote all
Surrey, which is also where the offence took place.

kiethton

13,890 posts

180 months

Thursday 23rd June 2016
quotequote all
Table above applied - 3 points and £100 - if you follow the process that is

bridgland

Original Poster:

513 posts

224 months

Thursday 23rd June 2016
quotequote all
kiethton said:
Table above applied - 3 points and £100 - if you follow the process that is
Cheers Keithton. Fingers crossed that it pans out that way.

KungFuPanda

4,329 posts

170 months

Thursday 23rd June 2016
quotequote all
It should do. Fill in the paperwork accurately and concisely, send it back promptly and you should only get 3 points.

JonV8V

7,204 posts

124 months

Thursday 23rd June 2016
quotequote all
Have a word with Danni Cipriani's lawyer. He'll argue the rotation of the earth was momenterally interrupted and as speed is all relative etc and if that fails you must have passed through a space time continuum

Alternatively, take it on the chin

HoHoHo

14,985 posts

250 months

Saturday 25th June 2016
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I was stopped at 94 in a 70 in April.

Totally my fault, 3 points and £100 fine appeared in the post some time later and that's what I'd expect if I were you.

I've slowed down since!