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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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Will it be inevitable that I will be prosecuted for speeding?

Customer Question

Will it be inevitable that I will be prosecuted for speeding? Upon receipt of Notification of Prosecution for speeding, I challenged this notice, asking for photographs, which have now been produced showing my vehicle, from the rear, with statement "distance 90 metres" -
this is making me ill with worry, as I already have 9 points for speeding (always 35 in 30 area, not huge amounts) but I do about 400-500 business miles a week and if I lose my licence I will not be able to work (I am an agency work, reliant on jobs away from where I live, a coastal resort 40 miles away from nearest city etc). I have already had 3 bouts of unemployment in last 4 years, and I am now losing the fight and will to live because of this.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Its not guaranteed but it wasn't a good idea to follow the guidance on the Which page. There is a good deal of nonsense on the internet. All that has done is annoy them and make them more likely to summons you.
You need to name the driver. If you don't then they could summons you for failing to identify and their time will start running from 28 days after the NIP rather than the date of the incident.
Obviously they cannot give you a fixed penalty or a speed awareness course because you have nine other points.
They may forget to summons you. That does happen sometimes. You cannot rely on it of course but it is possible.
If they do summons you then there is no way around it really.
You can always argue exceptional hardship to avoid a ban but that isn't as simple as showing that it would be inconvenient for you to have to use public transport. You have to show that your job is literally impossible without it. Also, you have the burden of proof so you need to gather evidence to support your proposition. Some people do succeed but those are the ones who prepare properly.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

I have already taken photographs of in the area and the week after I requested the photographic evidence the area and overhanging shrubs near the speed camera were cut back - very sly. Again, I have taken photos of this.

Expert:  Jo C. replied 3 years ago.
Thats a non issue I'm afraid. All that is a complete myth.
There is no obligation of any kind to advertise the presence of any form of detection device in the UK.
There is an obligation to advertise the speed limit but thats a different point.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. I really do feel ill now. Not your fault, but thank you for your advice.

Expert:  Jo C. replied 3 years ago.
Well, its not that bad.

You may well avoid a ban on the basis of exceptional hardship. But focus on that.