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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Am I entitled to be told if four other motor vehicles in front

Customer Question

Am I entitled to be told if four other motor vehicles in front of me were caught on camera speeding at 35 mph at the same time as I was
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What speed were you doing?
Customer: replied 3 years ago.

FOR JOMO1972


 


Hi.I have recently ( in the past 2 years) been on 2 speed awareness course and I am well aware of my speed at all time. I now habitually use my Cruise Control at ever change of Speed Limits and on this occasion I set it to 30 mph. I cannot vouch for the accuracy of the Cruise Control but as I was behind 3 4 other motor vehicle - headed by a huge HGV - I could only be doing the same speed as they were. With this information you can pick up the background of my last letter to Mr Pritchard. I can supply you with the previous correspondence.

Expert:  Jo C. replied 3 years ago.
OK.

But whats the relevance to your defence of whether others were speeding?
Customer: replied 3 years ago.

I thought that was clear from the copy of the text that I sent to you. Maybe it would be clearer if I could scan and send you all the correspondence. I believe that their mobile camera was faulty and that they caught me - as the tail-ender of 4 other vehicles. I believe that they and I were driving within the speed limit and I think IO am entitled to know if the four vehicles in front of me were not given Notices of Intention to Prosecute - as I had to be driving at no more or no less than them.


 


I do not wish to be treated as a scapegoat if the mobile camera had not been activated by them- I think therefore that whether of not they were speeding - is highly relevant and I am entitled to know - surely you agree?

Expert:  Jo C. replied 3 years ago.
OK.

But how does whether or not it caught other drivers support that?
Customer: replied 3 years ago.

I do not understand why you do not understand the point I am making. I could only have been doing the speed they were doing as I was in a queue. This was a camera manned in a Police car - not a fixed camera. I maintain that my speed was exactly their speed and if they were caught on camera - even though not served with Notice of Intention I would be prepared to accept a Fixed Penalty as it would be obvious that I was doing the same as as them - maybe a more reliable datum point than some camera!

Expert:  Jo C. replied 3 years ago.
I am really sorry but whether or not other cars were captured by this camera has no relevance to the point that you are making.

Cameras do sometimes fail. They are technology ultimately and devices do default sometimes. Whether this one was defaulting is a matter of expert evidence which is not undermined or supported by his record for capturing other vehicles.

You can make a freedom of access request but it will be refused for DPA reasons.

You can make a disclosure request of the Crown but it would be refused as it has no relevance.

I'm very sorry.
Customer: replied 3 years ago.

I am not concerned with any other cars except those immediately in front of me who fixed my speed. I believe that none of us were speeding and I am entitled to know if all of us were - or if I was the only one - which would not be possible - because I was immediately behind them!

 

I am sorry that you feel that my question has no relevance - I could not disagree more emphatically. If I had the names and addresses of my partners 'in crime' I could call them as witnesses to the speed they were doing. They would readily give affidavits if they had not received any Intention to Prosecute notices and would -in essence - provide me with corroborative evidence that we were not exceeding the speed limit.

 

Do you agree with this hypothesis? If so can't I get the Police to help me to trace these potential witnesses? Their camera should make it easy for them - from the registration numbers of the four vehicles - in the same way as they traced me.

Customer: replied 3 years ago.

For Jomo1972


 


Do you intend to answer my last to you, before I rate you? It is a serious answer to your last to me?

Expert:  Jo C. replied 3 years ago.
Sorry but I can see you are displeased and I cannot give you the answer you want so ill be opting out

All the best

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