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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69982
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: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

On what basis are you hoping to go to court?

Customer: replied 11 months 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 11 months ago.

Were you doing 50 mph?

Customer: replied 11 months 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 11 months ago.

Ok. So were you doing more than 40 mph?

Customer: replied 11 months 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 11 months 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 11 months ago.
Thank you.
Expert:  Jo C. replied 11 months ago.

No problem.

All the best.

Jo C., Barrister
Category: Law
Satisfied Customers: 69982
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 11 months 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 11 months ago.

yes, you can.

Costs would be about £450 - £600.

I have had higher costs orders but not commonly.

Customer: replied 11 months ago.
Thanks
Expert:  Jo C. replied 11 months ago.

No problem.

All the best.

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