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: Traffic Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

Hello. Please can you help. I have received a letter from a

Resolved Question:

Hello. Please can you help. I have received a letter from a West Berkshire council official indicating that I have driven my 18ton lorry through an indicated 7.5ton weight limit road on 3 separate occasions. I am to fill in an interview form and send it back to him in order for him to make a decision on whether or not he is going to prosecute. I am afraid i am guilty of the driving offence and my only defence is that I used the road due to heavy traffic and feeling pressurised from my company to deliver the goods on my vehicle. The road I took is a short cut, saving around 20 minutes of drive time. I do not usually go this way but on occasion i have. The letter was received on Monday 15th Sept. The alleged occurrences took place on 3rd July, 14th Aug, 3rd Sept. This is everything I can think of at present. I look forward to your reply. Kind regards, ***** *****
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

Thanks Jo. I know I have been foolish by driving along this road, but I would like to know whether I should simply reply to this letter and be completely open and honest and admit to all allegations, or follow a different approach and try and defend my actions. A friend has told me that they should have sent a letter to me within 14 days of the incident Occuring and by doing so it would have stopped me from repeating this offence. I do not want to lose my licence or my job as I am the main earner in our household. Any advice would be greatly appreciated.

Expert:  Jo C. replied 2 years ago.
Do you mean the council or the police?
Is there any way you can upload the letter and post it online?
Customer: replied 2 years ago.

I will try and upload it now

Expert:  Jo C. replied 2 years ago.
OK.
Customer: replied 2 years ago.

Customer: replied 2 years ago.

I have uploaded it but using a mac, not sure how to fit it to the page

Expert:  Jo C. replied 2 years ago.
Ok.
Your friend is wrong Im afraid. All the law requires is that they inform the registered keeper within 14 days of the contravention of an intention to prosecute. You are not the registered keeper so the fact that they have notified late is not an issue.
They seem to be alleging not that you have overloaded but that your lawful load entered a road from which it was prohibited. At the Magistrates Court that would normally only carry 3 points on each occasion as its essentially ignoring a traffic sign.
There are three occasions and you are professional driver so its not all that likely that they would show mercy I'm afraid. Probably they would prosecute if they can. The best hope that you have is that they might not summons in time. Actually if they don't summons before January then the first matter would be time barred.
Unless you can deny the offence there isn't a great deal to be gained by responding. Obviously you can only respond truthfully and you seem to accept the offence. I suppose you could respond with mitigating circumstances. I would never normally suggest that as you will admit the offence and therefore close up the gap for Trading Standards in the event that they have any evidential problems but I suppose here its your only chance.
If the worst happens and you are prosecuted and convicted of all three that would still only lead to 9 points which wouldn't attract a ban but it might lead to a loss of job as many positions require no more than 6 points.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69790
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    3084
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3084
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    6
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    130
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor/Partner

    Satisfied Customers:

    80
    Partner in national law firm
  • http://ww2.justanswer.com/uploads/AM/amesaw/2016-10-14_195646_fgrimsleeperc.64x64.jpg Jamie-Law's Avatar

    Jamie-Law

    Solicitor

    Satisfied Customers:

    43
    Solicitor
  • /img/opt/shirt.png LondonlawyerJ's Avatar

    LondonlawyerJ

    Advocate

    Satisfied Customers:

    12
    I am a solicitor with particular expertise in road traffic law.