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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I recently have been issued with a speeding ticket. The issue

Resolved Question:

I recently have been issued with a speeding ticket. The issue suggests I was travelling 67 in a 50 zone
When I checked the information on the website the calibration cert is 3 days short of being out of date, also it refers to 1 camera when surely 2 must be involved.
Have I a case to challenge, I'm not disputing I was over 50, only that at 64 I could take the awareness course.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
Hi Jo, based on my question can I challenge the the notice ,the camera in question was last calibrated almost a year back.
As I'm only challenging 3 mph as this would allow me to take a speed awareness course
Expert:  Jo C. replied 2 years ago.
You can always challenge these things on any basis. Ultimately it is a factual test.
However, I am sorry to say that this particular challenge is a waste of time and places you at risk of costs. The calibration point was actually never required by law and the case of Peake has effectively said that it doesn't matter when it was last calibrated unless there is evidence that renders the findings of the device 'unreliable'.
Since you don't deny speeding it is an uphill struggle to argue unreliability and also an expert issue which can mean a nasty surprise in terms of costs if you lose.
That said, if you are 64 mph in a 50 mph zone then you are within the lowest sentencing bracket anyway so a speed awareness course is possibly available although it is a matter for the police whether one is offered in fact.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Jo, thank you for the response, but just to confirm I was doing 67. The Police have offered a course if I was doing 64, is there not a % they apply to the speed if so I would be within the permitted speed for the course
Can I discuss something like that with either the ticket office or the Police
Expert:  Jo C. replied 2 years ago.
That is just over the first bracket.
Sometimes they will still offer the course although nobody ever has the right to demand it.
You can always write to them asking for the course but it doesn't often achieve anything.
If they are offering the fixed penalty then that would be a good deal.
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