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Nicola-mod
Nicola-mod, Moderator
Category: Traffic Law
Satisfied Customers: 11
Experience:  Moderator
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I have received an intention to prosecute on the

Customer Question

i have received an intention to prosecute for speeding on the m25 by a speed limit camera
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.

my friend has received an intention to prosecute for speeding on the m25 by a speed limit camera - speed of vehicle 106mph on 19/4/2015 at 08.35 a.m.

m25 epping , nr mpost 5563a , clockwise carriageway

she is certain she wasn't speeding at that speed

it was a speed-limit automatic camera device

she has 3 points on her license and having done some research on line she is unsure whether she will lose her licence or get 6 points and a fine ( magistrates guidelines)

what should she do ? and has she a defence ?

Expert:  Jo C. replied 1 year ago.
Does she think she was speeding at all?
Customer: replied 1 year ago.

to be honest she doesnt think so

Customer: replied 1 year ago.

having just spoken to her she has said she was doing over 70 but maybe nearer 80/85 certainly not 106 mph - she doesn't excessively speed as her mother was killed recently in a car crash so she is conscious of her speed

Expert:  Jo C. replied 1 year ago.
If she accepts doing 80-85 then she was speeding. There is no way around that. The national speed limit in the UK is 70.
Therefore she does not have a defence to the allegation of speeding
She can plead on a basis that she was only doing 80-85 although, in truth, that could lead to a Newton hearing to determine which version of events the Court prefers and she would lose if this is a device. There is an outside chance they might accept the device was faulty but not high and then she could face costs.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

i am meeting her this evening and will discuss everything - is it ok to respond tomorrow ?

also if she accepts that she was doing 106 what are the possible penalties and what would be the most likely outcome please

Expert:  Jo C. replied 1 year ago.
Yes, no problem. I am in a trial at the moment so may not be able to respond immediately but I will pick up tomorrow.
If this is 106 in a 70 mph zone then she is facing either 6 points or a short ban and a fine although probably only points and a fine.
Customer: replied 1 year ago.

she does have 3 points already for speeding issued in 2014 will this affect the fine

Expert:  Jo C. replied 1 year ago.
No, not really.
It will obviously place her on the cusp of a ban though.
Customer: replied 1 year ago.

she is also on a low income so how do we prove to the court - does she have to fill in a means test ?

what do you suggest is the best way forward - as i am just trying to help and advise

Expert:  Jo C. replied 1 year ago.
There is a means form to complete that will be sent out by the court.
On these facts she has no option but to plead guilty I'm afraid.
Customer: replied 1 year ago.

Thank you i will discuss with her and inform you accordingly

Expert:  Jo C. replied 1 year ago.
No problem.
Please remember to leave feedback for my answer.
Customer: replied 1 year ago.

good morning

she has posted the form but has forgotten to sign it - what happens now please - who do we contact ?

Customer: replied 1 year ago.

good morning



she has posted the form but has forgotten to sign it - what happens now please - who do we contact ?

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola

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