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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Received fixed Penalty 36mph in 30mph zone at 6.20am

Resolved Question:

Received fixed Penalty for doing 36mph in 30mph zone at 6.20am I declined the offer of attending a course because, I know the camera and its unlikely that I committed the offence. Also my IT consultant happened to be in my office on the same day. He passed same route 2 hours later at 08.24 (rush Hour) and received a fixed penalty notice for the exact same speed 36 MPH. Therefore subject to your advice, I propose to ignore today's conditional offer for fixed Penalty, in the hope that I can persuade the judge that the camera was faulty. What do you advise?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You do not have to convince a Court it was faulty, the Crown have to prove it was not. Therefore you can ask the Crown for a copy of calibration records, maintenance records etc.
However in reality they are likely to have equipment approved by the Secretary of State and also it will have been maintained.
If they have this documentation it is likely you will be convicted. But if two people have been caught then that either shows it is working correctly and you were both doing the recorded speed, or that the equipment is faulty.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

You state that ... if two people have been caught then that either shows it is working correctly and you were both doing the recorded speed, or that the equipment is faulty.....

Which of the 2 is the most likely outcome? Can we ask them to disclose how many more were clocked in that time doing exactly 36MPH

what would you do in my shoes?

Expert:  Ash replied 2 years ago.
Yes you can ask for the number of people caught. I would ask for documentation now.
What you dont want to happen is that you dont send back the Fixed Penalty and then end up going to Court and losing. So ask for it now including how many people were caught that day or over several days.
You want to know whether it is Home Office approved which it will be and calibration information.
Does that help?
Alex
Customer: replied 2 years ago.

Thanks

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex