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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70505
Experience:  Over 5 years in practice
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I have a Conditional Fixed Penalty Notice in a temporary

Customer Question

I have a Conditional Fixed Penalty Notice for speeding in a temporary (due to road works) 40 mph zone - this zone is usually 50mph. I was reported to have been dong 50mph.
I intend to go to court - can you please advise me on my best option
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

On what basis are you hoping to go to court?

Customer: replied 1 year ago.
I don't believe I committed the offence. If indeed I was over-speeding, it was probably because the new limit were not properly visible. The offence was timed at 22:49pm
Expert:  Jo C. replied 1 year ago.

Were you doing 50 mph?

Customer: replied 1 year ago.
I don't believe I committed the offence. If indeed I was over-speeding, it was probably because the new limit were not properly visible. The offence was timed at 22:49pm.I don't recollect doing the 50mph speed
Expert:  Jo C. replied 1 year ago.

Ok. So were you doing more than 40 mph?

Customer: replied 1 year ago.
I am not sure what speed I was doing but I believe I was within the legal limit. I started being very careful with speed limites after I was sent on a driving course for speeding about 18 months ago,
Expert:  Jo C. replied 1 year ago.

Well, in that case I would take the fixed penalty offer.

It is not all that likely you will win on this basis.

You can always put them to proof in court but you are risking costs.

It is quite unlikely that their devices have failed. That does happen sometimes as speed detection equipment is just a device like any other and devices can malfunction but there is always a presumption they have not unless you can raise evidence to the contrary.

If you are saying that you cannot do that but would like to put them to proof then that is something you are entitled to do but be aware of the risk of costs.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Thank you.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry one last question, can I represent myself? What costs levels are we talking about if I am found guilty?
Expert:  Jo C. replied 1 year ago.

yes, you can.

Costs would be about £450 - £600.

I have had higher costs orders but not commonly.

Customer: replied 1 year ago.
Thanks
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.