How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70702
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have received Notice of Intended Prosecution for exceeding

Customer Question

I have received Notice of Intended Prosecution for exceeding 40mph limit in temp.roadworks.
I filled in form as requested that I was the driver at the stated time. I have now received a conditional offer of fixed penalty of 3 points and £ 100.00 fine. There is no photo evidence, no detail of the type of camera used , and no speed listed (The original NIP stated 49mph).
I was surprised to receive this notice as I normally use the fitted speed limiter on my Mercedes. There is no doubt that I was there or thereabouts on the date and at the time listed but it seems strange justice that I must accept what I am told without any actual proof being offered.
The original NIP with any details was returned as requested and as far as I am aware I was just confirming that I was the driver. I do not particularly want to go to court but I do think a little more evidence might have been made available to me.
I may well be guilty and I may well be wrong to expect further information and ideed should you say that this is the case I will accept and go away.
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

What would you like to know about this?

Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Is it normal not to receive further info.
Customer: replied 6 months ago.
same question as above
Expert:  Jo C. replied 6 months ago.

Hi. I can call but not until tonight as I'm in a trial

Is that OK?

Customer: replied 6 months ago.
You obviously cannot give me a response if you are in trial - so at what time will you call me?
Expert:  Jo C. replied 6 months ago.

I can carry online now.

Probably about 20.00hrs?

Customer: replied 6 months ago.
Out to dinner from 19.30.
How about tomorrow morning about 9.00
Expert:  Jo C. replied 6 months ago.

At a conference then.

I might be about to do about 16.00hrs but it depends when we are released.

Customer: replied 6 months ago.
You could try that but failing that a brief response to my question might be all that is required.
I am away next week and the week after and this has to be resolved and back to the Camera and Ticket office by June 21st..
I would prefer to pay up and shut up now rather than face the aggravation of missing the cut off date and having to go to court.
Expert:  Jo C. replied 6 months ago.

OK. I'm not really sure what you are asking?

Are you asking if you are entitled to more evidence?

Customer: replied 6 months ago.
If the answer is no then that is an end to it.
Expert:  Jo C. replied 6 months ago.

Not at this stage.

If you contest the matter at trial they will have to serve their evidence 7 days before the trial.

But the fixed penalty procedure is just a means of diverting cases away from court. It is essentially an offer to deal with it administratively. To accept or refuse that you are not entitled to sight of their case.

That said, it might be worth a punt at court. Quite often they forget to summons.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
I dont think it is worth the risk of an increased fine , extra points and the legal costs. Also I am about 200 miles away from where the alleged offence took place.
It is highly unlikely they are wrong and I would have thought with modern technology there would be automatic follow up procedures.
Expert:  Jo C. replied 6 months ago.

You won't get extra points.

The financial penalties are higher.

You also can plead guilty by post and then you have put them to proof to the extent that you have waited to see if they remember to summons.

Customer: replied 6 months ago.
I will give that some thought.
Roughly what would the extra financial penalty be ?
Is there any time limit on the issuing of the summons ?
If you would just answer the above 2 questions I will leave you to your trial.
Expert:  Jo C. replied 6 months ago.

Six months from the date of the offence.

The penalty is roughly 125-175% of your weekly income plus costs of £85. You might well get less but that is roughly the amount.

Customer: replied 6 months ago.
Thank you for that and I will make a decision as to what I should do.
Expert:  Jo C. replied 6 months ago.

No problem.

All the best