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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I was caught 3 times in 6 days by a speeding camera on a road

Resolved Question:

I was caught 3 times in 6 days by a speeding camera on a road I have travelled on every day for 15 years. It was a 30mph speed camera and my speeds were 35, 35, 36 mph. the last 2 offences were on 21 & 22nd April and I received the notification on 14th May. I now have potentially 15 points and as a surgeon this would be a disaster if I lose my licencse. How should I proceed?
With thanks
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name is XXXXX XXXXX I can answer this for you.

tdlawyer :

Was it you driving each time, and do you accept you were exceeding the limit?

Customer:

I was definitely driving 2 out of the 3 times and think it was probably me the 3rd time. I accept that I was driving above 30 mph (was slowing down in the 15 meters from 40 to 30. I doubt I was going 35 or 36 and question whether it was that or 33 mph. I was certainly not driving unsafley or excessively fast.

tdlawyer :

Okay. What is the date on he NIP?

Customer:

one is 24/04/2014 and two are 13/05/2014

Customer:

the dates of the speeding violations are 16/04/2014, 21/04/2014 and 22/04/2014

tdlawyer :

Okay. Well, the last two are out of time, and you can return them to the processing office as being out of time.

tdlawyer :

The 16th April offence, however, has a valid NIP that was issued on 24th April.

Customer:

So in my letter to the processing office should I just say that they are out of time? Will this in any way disadvantage me if they push with the prosecution?

tdlawyer :

I assume however, that you're the registered keeper of the vehicle?

Customer:

Yes. The first one I was driving my wives car but the next 2 (21/04 & 22/04) I was driving my own car.

tdlawyer :

So the ones that had the late NIP were with you driving your own car and hence there was no excuse for the police to be late in issuing the NIP (which must be within 14 days).

tdlawyer :

So, the first one you may have to accept, and your wife will presumably have identified you as the driver.

tdlawyer :

The latter two though, on 21nd and 22nd April - they're out of time.

Customer:

that is more complex than that as I took ownership of my new car on 17/04/2014

Customer:

yes I will accept that I was the driver on 16/04/2014 and will take the points. I would like to return the NIP for the other 2 if you think this is a reasonable course of action that won't disadvantage me in the future.

tdlawyer :

Ah, okay, so what you need to work out is whether the police had the details of your ownership within the 14 day period effectively to be able to issue the NIP. So, what you would need to check is whether they issued a NIP within 14 days in relation to the original driver - if they did, then I expect you will have to accept the NIPs were issued in time in relation to the 21/22nd April offences.

tdlawyer :

Can you contact the seller of the vehicle and see whether he/she received an NIP in time?

Customer:

yes ok I will do that.

tdlawyer :

If the issued in time, the delay may be considered entirely reasonable by the court and hence, no defence on this ground.

tdlawyer :

You're than back to whether you accepted you were speeding (you do), and whether it was you that was driving (you probably do). The driver has to be identified when you sign and return the NIP. It's your obligation (as owner) to know who was driving the vehicle.

Customer:

Can I contest that the 35 mph is inaccurate and ask for the camera to be tested as presumably if I was going 34 mph I would not have been caught?

tdlawyer :

If you're over 30, you've been caught, although I understand your point on accuracy etc. In short, they will put their evidence in of the offence and it will be for you to show they were inaccurate (or establish reasonable doubt). In all honesty, this basis of defence very rarely gets people anywhere. The equipment used is normally pretty accurate.

tdlawyer :

Some police forces will not prosecute unless there is an appreciable excess of the limit, but that's discretionary, as technically the law enacted by Parliament says 30mph - and that's the limit.

Customer:

ok. thanks

tdlawyer :

I'm sorry the answers are not more favourable. However, can I ask whether you're happy with the service this morning?

Customer:

yes no problem

tdlawyer :

Thank you!

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