How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70011
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

if you are stopped with another car behind you, and shown ANPR

Customer Question

if you are stopped with another car behind you, and shown ANPR photos of the other car and one small one of yours and the speed shown lets say 90 mph does that apply to all vehicles in all photos ? as suggested , and can you ask to see the video of your vehicle to confirm that ?
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.

Were you speeding?
Customer: replied 3 years ago.

YES , BUT I WAS PULLED UP WITH ONE OTHER DRIVER BEHIND ME AND THE SPEED SUGGESTED ON THE ANPR WAS 94 MPH ! IF IT HAD BE UNDER 90 MPH I POSSIBLY WOULD HAVE BEEN OFFERED TO GO ON A SPEED AWARENESS COURSE . WHEN ASKED IF I HAD ALREADY ANY POINTS ON MY LICENSE I SAID NO AND THE OTHER DRIVER SAID YES .

Expert:  Jo C. replied 3 years ago.

I presume this is a VASCAR vehicle?
Customer: replied 3 years ago.

YES

Expert:  Jo C. replied 3 years ago.
Are you prepared to risk contesting this at court?
Customer: replied 3 years ago.

That is the big question ! Take the £100 fine and three points ,or go to court . what are my chances of winning ? unmarked car and six years old , I just think underhanded . clear dry day no congestion , momentarily lapse of .........?

Expert:  Jo C. replied 3 years ago.
On that basis, you will lose.

The fact that the car is unmarked is a non issue. All that is a complete myth I’m afraid. VASCAR cars are a speed detection device like any other.

There is no obligation to highlight the presence of a speed detection device at all. They are perfectly free to high them behind overgrown trees and catch motorists by stealth in law. Speeding is a crime like any other. The police are under no obligation to warn people of their crime detection methods. In fairness, if test purchase officers had to warn people of their presence they would never catch any dealers and the different here is just one of degree unfortunately.

The ACPO guidelines do say that they should be highlighted. They are just guidelines and not law. Many of the Constabularies ignore them and there has been case law that weakens any need to enforce them.

What they cannot do in law is obscure the speed limit signs in any way.

What you may win upon is just plain challenging the findings of the device. This is a device like any other and any device is capable of failing. Obviously I haven't seen the evidence here and you do need to bear that in mind. However, I cannot immediately see how a VASCAR device can record the speed of two vehicles at once. VASCARs are always more imprecise than GATSOs anyway. What they could try to do is prove the speed of one of the two vehicles and argue that the other must have been speeding because they travelled alongside or behind it and noted that it was keeping pace but its very unlikely that they have that information and anyway its so slapdash that its not likely to succeed.

The problem though is that you will have to decide how much risk you want to take. You cannot demand sight of anything at all before accepting the fixed penalty. They do not have to prove the case to you to place you in a position to decide whether to accept a fixed penalty. Whether you do or not is for you.

If they do summons then they will have to disclose their evidence to you before trial but not before fixed penalty.

The fact that they have offered a fixed penalty for 94 mph in a 70 mph zone may indicate that they have concerns about their case as this is outside of the sentencing guidelines for this speed as well. Obviously though thats a risk.

The fact that it was a clear day or that it was a momentary lapse in concentration is also immaterial.

Personally, I would probably fight it. Now that the fixed penalties have gone up to £100 there really isn't much point in not going to court even if you plea by post. The financial penalties are slightly higher but there is a chance that they will forget to summons.

Hope this helps. Please let me know if you need more information.

Jo


Jo C., Barrister
Category: Law
Satisfied Customers: 70011
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your help .Will have to have a long think about what you have said .

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.

Hi Jo C, Adrian here again . I Have just read about some police forces using fixed notices with NIP for speeding incorporated like the one I received .The offence code quoted was SV77011 ? And I also remember the traffic officer mentioning it was a ANPR ! " look on the ANPR and the speed " Which oviously would record my vehicle and the one behind me , but do they record speed ? as the speed of the Vehicle as pointed out !

Expert:  Jo C. replied 3 years ago.
Not normally but it may have been a VASCAR device as well.

ANPR devices work by scanning vehicle registrations and checking them against information stored in database to identify vehicles of interest to the police.

VASCARs record speed.
Customer: replied 3 years ago.

Oh right , I'm a bit confused now . was it just a ANPR . Was the Officer trying to pull a fast one by suggesting it was VASCAR speed recorder ! .As I mentioned earlier, At no point did I suggest I had been speeding .


I Just looked at what I was shown . I'm a bit annoyed with myself for not hanging around to see wether the other driver pulled over received a Fixed penalty notice or just a producer . He was writing the form out as i left !

Expert:  Jo C. replied 3 years ago.
Obviously I won't know what the officer used.

One option is that they could be saying that they travelled alongside both vehicles and did not either gain upon you or lose you and measured your speed by reference to their own speedometer.
Customer: replied 3 years ago.

Yes you could be right . Is it still worth taking it any further ? I don't dispute that I was exceeding the speed limit, but 94mph. When 95 would mean going to court !

Customer: replied 3 years ago.

Before I forget .There was only one officer in the police car , I thought there had to be two in the Vehicle ?

Expert:  Jo C. replied 3 years ago.
94mph isn't the limit.

The limit is 90 mph if this were a 70 mph zone.

No, the opinion of the police officer can be relied upon as prior opinion and the corroboration can be his speedometer.

Or, of course, a VASCAR.
Customer: replied 3 years ago.

Ok ,thanks . Enjoy rest of your day .

Expert:  Jo C. replied 3 years ago.
no problem and all the best
Customer: replied 3 years ago.

Hi Jo C , Further to previous conversation . Can you dispute details on the FPN ? The Scene of the incident , meaning road details and the time of day written on FPN. If you think the details are incorrect .

Expert:  Jo C. replied 3 years ago.
You can dispute the details of an allegation but the FPN isn't the issue. What is the issue is what is upon the requisition to court.
Customer: replied 3 years ago.

Ok thanks

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice