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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice.
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Hello, I have received a speeding summon from West midlands

Customer Question

Hello,

I have received a speeding summon from West midlands police which I genuinely think is not correct. They have sent me a letter being the owner and say that they have spotted the car as doing 37MPH in a 30MPH zone.

The letter is dated 13th of August and I received it on the 14th. It mentions about an offence on Sunday 11th August at around 8:30 in the morning. My wife usually drives the car and takes it to a hospital where she works. She starts at 9 am when doing a day shift and leaves back for home around 9:30 to 9:45 if she was doing the night shift. Now, the cameras that they are referring to are on a dual carriageway and only fall on her way back from work. I have checked with her and she says that she went in to work that morning around the usual time. So that doesn't make sense as she cannot be present & flashed by that camera at the date & time they are mentioning. She was present at the hospital around 9 and they should have a CCTV footage and also her entry card data could confirm when she reached there. However, I don't know if the hospital will give us a confirmation/footage for this matter. I need advice as to what to do in this matter and how to go about it? She is a new driver with under 2 year license and this would be her 1st possible offence.

One thing to mention is that she did mention to me around 3-months back that she isn't sure but she may have been flashed at and I am thinking if they sent this summon now for the old incident which she mentioned about and that the date and time is wrong. It was the same camera and the flashing time could be around 10:00 in the morning. My first thought was to request a photo image but I am thinking that the image may have been the older one if you know what I mean.

I would appreciate if you guys could advise/guide me about this.

Regards
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.

Remus2004 :

Hi

Remus2004 :

How can I help with this please?

Remus2004 :

Sorry for the delay.

Remus2004 :

Also, I notice that you haven't yet rated two previous answers so i would be grateful if you could do that now.

JACUSTOMER-p7feu3mt- :

Hi,

JACUSTOMER-p7feu3mt- :

Which previous 2 answers?

Remus2004 :

Hi

Remus2004 :

Here is one - http://www.justanswer.com/uk-immigration-law/7dm3h-hi-guys-need-expert-advice-brother-please-1.html

Remus2004 :

Can you see my responses ok?

Remus2004 :

I keep getting you greyed out.

Remus2004 :

What do you think is incorrect about it please?

Remus2004 :

The NIP.

JACUSTOMER-p7feu3mt- :

The offence couldn't be correct at the date and time they r mentioning

Remus2004 :

Were you speeding in that area on another occasion?

JACUSTOMER-p7feu3mt- :

Possibly, as mentioned in my original post on the left that my wife mentioned about a possible flash around 3 months back. The only possibility I could think of is the camera isn't giving the right info as they mention a date of 11 August which isn't possible.

JACUSTOMER-p7feu3mt- :

She is in the 2nd year of her licence and is a safe driver. That was the 1st time she ever mentioned anything about a possible flash and wasn't sure.

Remus2004 :

Well, there are a variety of options.

Remus2004 :

I suppose one is that the car has been cloned.

Remus2004 :

Vehicle cloning is quite common in the UK although the problem is that clones are not usually of the same type and colour and certainly not in the same area.

Remus2004 :

Another alternative is just that the speed camera is set to the wrong date and time.

Remus2004 :

That does happen fairly commonly.

Remus2004 :

The risk of that is that the Crown will amend the particulars.

Remus2004 :

In any event though, you cannot respond to a NIP which cites the wrong time and ate.

Remus2004 :

date

JACUSTOMER-p7feu3mt- :

If we assume that the speed camera is set to wrong date and time, what should be the course of action.

JACUSTOMER-p7feu3mt- :

?

JACUSTOMER-p7feu3mt- :

As I said she isn't an unsafe driver and this is the 1st event of its kind, could it be argued that the camera could have been reading wrong speed as well?

Remus2004 :

Yes, it could but thats an entirely different point really and not likely to succeed.

Remus2004 :

GATSO cameras are often set to the wrong time and date but not often recording the wrong speed.

Remus2004 :

Its an entirely different type of technology.

JACUSTOMER-p7feu3mt- :

right

Remus2004 :

If its recording the wrong date and time then just write back responding to the NIP to the effect that the car was not there on that date and time.

Remus2004 :

So you cannot name the driver because nobody was.

Remus2004 :

They may charge you with failing to identify but that would be a ridiculous charge.

JACUSTOMER-p7feu3mt- :

In your expert opinion, could we get out of this?

Remus2004 :

You would have a defence under S172 because its not practicable for you to provide.

JACUSTOMER-p7feu3mt- :

right

Remus2004 :

It depends how wildly wrong it is.

Remus2004 :

Sometimes they fail to update the GATSOs when the hour goes back or forward.

Remus2004 :

When they do that its fairly easy to amend the particulars.

Remus2004 :

That can't be what happened here though.

JACUSTOMER-p7feu3mt- :

Shall I not ring them up instead of writing?

Remus2004 :

If this is just a wild error in time and date then probably they won't be able to identify the correct time and date and would have to drop it.

Remus2004 :

No, don't call.

JACUSTOMER-p7feu3mt- :

yes, it cant be just an hourly difference. Definitely few weeks apart

Remus2004 :

Everything must be in written recordable form.

Remus2004 :

Also, there's no point in calling. You want to waste their time as it eats into their time period.

Remus2004 :

You should use the maximum time they've given you to respond.

JACUSTOMER-p7feu3mt- :

Right

Remus2004 :

Although actually if this was 14th August then your 28 days will be up soon anyway.

JACUSTOMER-p7feu3mt- :

The time to respond is approaching this week.

JACUSTOMER-p7feu3mt- :

Yes

JACUSTOMER-p7feu3mt- :

So I simply say.

Remus2004 :

Yes, so just get it out to them this week.

JACUSTOMER-p7feu3mt- :

Thank you for your letter.

Remus2004 :

Yes?

JACUSTOMER-p7feu3mt- :

I am unable to provide the details of the driver etc as the car was not present at the mentioned place on the given date & time.

JACUSTOMER-p7feu3mt- :

What happens next, I mean possible replies/actions?

JACUSTOMER-p7feu3mt- :

Apologies, I have to go offline and will respond to your answers late in the evening now. Cheers

Remus2004 :

You probably should include some information about where the car was at that time.

Remus2004 :

Cme

Remus2004 :

come back when you like.

JACUSTOMER-p7feu3mt- :

Hi

Expert:  Jo C. replied 3 years ago.
Hi

Can I have further?

I'm happy to continue with this but please rate my answer.
Expert:  Jo C. replied 3 years ago.
Can I help further?