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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice.
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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
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