Hello I am a lawyer with over 15 years experience I will try to help you with this.
Are you only facing an allegation of speeding? Have you received a notice through the post or were you stopped by the police?
Hi the garagethat owns the car a BMW dealership rec'd the notice this morning,i have asked them to request photographic evidence which they have done.
it would appear that it was me given timings etc.
Hi Are you here?
not sure how this works ,if you want anything from me please ask
Yes I am here. I will answer you in the next hour or so. I hope that is OK
perfect thank you
So what has probably happened is that the prosecuting authority has sent a notice of intended prosecution to the hire company for speeding but this includes a place for them to name the driver if it wasn’t them. They will no doubt do so, if they haven’t yet and then you will get a summons in a few weeks time after that. They presumably have checked their records and have realised it was during your hire period.
For doing 59 in a 30 mph limit you will get either a ban of between 7-56 days or 6 points. The link below takes you to the Magistrates Sentencing guideline for speeding offences http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_Update9_October_2012.pdf. If you get 6 points you will have a total of 12 points which makes a ban of at least 6 months inevitable unless you can argue either:
(1) that there are special reasons for not being disqualified. These reasons must be to do with the driving and not amount to a defence in law but be mitigating factors (eg driving someone to a hospital in an emergency when no ambulance available, or escape from a dangerous situation..),
Or(2) That you or someone else would suffer exceptional hardship. A drivins ban is meant to cause hardship so you would have to show that the harm caused went way beyond that which would normally be anticipated by a ban.
If you think you may have either an exceptional hardship or special reason argument then you should instruct a criminal defence solicitor in the normal face to face way to represent you at court.
I hope this answer is helpful but please feel free to ask follow up questions. I would also be grateful I if you would please ratem y service. This will not close the question and I will continue to answer.