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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I received a speeding ticket stating i was speeding on the

Customer Question

I received a speeding ticket stating i was speeding on the motor way. The notice of intended prosecution was received 21 days after the alleged offence is it worth while defending on the basis on not receiving the notice within the 14 day period, furthermore I believe that there were no speed restrictions or road works in place When it is alleged that i was travelling 72miles per hour in which they say it was a 50 miles per hour reduced speed zone. Am I entitled to ask for photographic evidence before imdecides to take it to court.
The alleged offence took the end of June this year on the m1 between junction 7 and 6a. Is it possible to establish if there was road works taking place in this area at this time.
I sent back the paper work to say iwas the driver at the same time advised them that the paper work was not relieved within the 14 day period .
My employer has strict driving rules for employes and as such I tend to take extra care and be observant and adhere to safe driving practice, which is why I don't think I was speeding at the alleged time of the offence.
Kind regards Mike.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is the date of the ticket and date of service?
Customer: replied 1 year ago.
25/06/2015 alleged offence. The nip was dated 02/07/2015 and it was received on the 20/07/2015. When I went to check the post mark on the envelope there was no date stated.Kind regards
Mike
Expert:  Ash replied 1 year ago.
Are you the registered keeper?
Customer: replied 1 year ago.
Yes
Expert:  Ash replied 1 year ago.
Ok. Generally service is classed as 2 working days after posting first class, in this case it was dated 2/7/15 so should have been sent that day. It seems strange it took so long. So you have a possible argument there.
Secondly, you say there was no restriction to 50mph. If that is the case and it was not signed then you can say you did not speed, ie the contravention did not happen. You can ask for evidence that it was in force at the time. If you have it, then you are far more difficult ground as they only need to show it was posted within time, not that you received it.
This is because it is deemed to be served 2 working days after.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Is the onus on them to prove it was issued within two working days of the PIN date, should the envelope not be dated to prove / demonstrate when the PIN was issued, or is it taken as read that it was received within two working days ?Am I able to request evidence in advance of deciding whether to take the matter to court, that the speed restriction was in place and for evidence that I was speeding at the time of the alleged offence ?
Expert:  Ash replied 1 year ago.
Yes the onus is on them. The envelope doesn't have to be dated as such, as the Post Office may do that. It is taken as read as being served 2 working days after posting first class. The NIP may be dated one day and may be sent another dont forget.
Yes you can ask now for further information before nominating a driver etc.
Does that help?
Alex
Customer: replied 1 year ago.
That is exactly what I beli even occurred, that the PIN was dated one date but not issued within the 14 day period.The envelope has a Royal Mail 2 Postage paid post mark, is that sufficient for them to reply on as proof it was issued on time ? I received the PIN on 20/07/2015, and notified the camera, tickets and collusion unit of this when completing and returning confirmation that I was the driver at the time of the alleged offence, which I returned by recorded delivery.Are you saying that I am too late to request evidence / further information now that I have confirmed that I was the driver ?I am trying to decide whether I have grounds to take the matter to court and win the case, or whether I should just accept the conditional offer rather than take the risk of an increased penalty.
Expert:  Ash replied 1 year ago.
No, you can ask for more evidence if you have not accepted the offence at this point. But if you have sent your licence the form back and payment then you are stuck.
If you take it to Court and lose the costs can be quite a lot.
Alex
Customer: replied 1 year ago.
I have not admitted the offence, paid the conditional offer, or returned my licenc, however the conditional offer says I must act within 7 days to pay the fine and submit my licence, if I request the evidence then I will miss this 7 day period.As a matter of interest I returned the confirmation that I was the driver after the 28 day PIN required period, and still received the conditional notice, could that be argued as them accepting I received the PIN after the 14 day ? I wrote on the documentation that I returned with my confirmation that I received the PIN on the 20/07/2015.
Expert:  Ash replied 1 year ago.
Ok. You can ask for more information. If you said you were the driver that is your duty under Section 172 of the Act. You cant be penalised if you provided the information even if it was not on the form.
Does that help?
Alex
Customer: replied 1 year ago.
Is there an act/section/clause that I should be requesting evidence under?
Expert:  Ash replied 1 year ago.
No, you can just ask for evidence, they will always comply. It's an offence to speed to so you are asking for evidence of that.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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