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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have received a notice of intended prosecution alleged

Resolved Question:

I have received a notice of intended prosecution for an alleged traffic speeding offence. I believe there is an administration error in the notice and immediately wrote and advised the Speed Enforcement Unit as instructed on their paperwork that the time quoted was incorrect. I advised them of my journey from Hereford and said my car could be tracked on the traffic monitoring cameras as at the alleged time of the speeding offence I was probably in the vicinity of the New Severn Bridge. This first letter was sent first class” signed for “ and can be tracked as received the next day.
I was in the area on the date detailed but not at the time. I was there about one hour later. I know this 100% as I travelled from Hereford leaving about 15.00 hours and arriving in Weston at about 17.00hrs.
I heard nothing so sent a second letter [ signed for] which I have tracked as received the following day [ 22nd April]. In this letter I asked for confirmation that the speed camera in question was set to BST as I knew I was not in the area at the time detailed on the notice sent me. To date I have still not had a reply.
I have only 28 days to reply to the original notice [ dated 10th April] . This is my first offence so would hopefully be eligible for attendance at a National Speed Awareness session. But I cannot return the form as I have to sign to say I was at the venue at the time stated on the notice and I [ and my partner, my passenger] know that I was not!
Do I have any rights to a reply to my letters?
How can I ascertain that the speed camera in question was still set at GMT rather than BST?
What should my next course of action be?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you speeding?
Customer: replied 1 year ago.

I have to assume so from the notice It says I was doing 35 in a 30mph . It is not an area I am familiar with as we were visiting relatives that day in both Hereford and later Weston.

I know I was in the area but not at the time quoted. I would have to take the speed from the camera as being accurate

Expert:  Jo C. replied 1 year ago.
OK.
And you know that you were the driver?
Customer: replied 1 year ago.

Yes I was driving.

Expert:  Jo C. replied 1 year ago.
Ok.
On your specific points
1 You cannot really. They don't have to reply to you and generally they will not.
2 No. This is a S172 request.
3 It depends what you want to achieve. It is always possible to respond naming yourself as the driver with a cover note to the effect that the time is incorrect. Ultimately you accept the substantive offence. It is just a case of whether or not the time is correct.
If you want to contest the matter then you can just write back saying that your vehicle was not there but it isn't a good idea if you are prepared to accept an administrative penalty.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Sorry - for info what is a S172 request?

Expert:  Jo C. replied 1 year ago.
S182 RTA 1988 - the right to demand from the registered keeper the details of the driver.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

Thank you

Expert:  Jo C. replied 1 year ago.
No problem.
All the best.

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