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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice.
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I have only just received a reminder of a proposed offence

Customer Question

Hi,
I have only just received a reminder of a proposed offence that occurred 7/04/2015.
I did not receive original letter they say was dated 15/04.2015.
Caught by camera doing 66 in a 50 restricted zone
Regards
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.

Hi,

I have just received a reminder for proposed offence on 7/04.2015.

camera caught doing 66 in 50 on m6 toll and m42 junction.

As i said, i did not receive original letter.

Can i contest it?

Expert:  Jo C. replied 1 year ago.
Were you speeding?
Customer: replied 1 year ago.

I don't remember

Expert:  Jo C. replied 1 year ago.
On what basis are you hoping to contest it?
If you are seeking to rely on the delay then I'm afraid not. The original NIP was sent out within 14 days and that is all they have to do.
Obviously you can ask them to prove that they did send it out but they will likely have a statement from a civilian support worker that it was placed in the post. You can take a risk on that point but then you face costs if it goes against you.
If you cannot remember whether you were speeding or not then you cannot deny it. You can always put them to proof on the point but the chances they cannot prove it are probably about 10%
It might be that they don't prepare properly for trial. That does happen sometimes. You might be lucky. The risk you take though is that if you are not lucky you will be facing a large costs order.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

put them to proof could mean that a) camera working adequately

b) appropriate signs and in accordance with highways agency?

Expert:  Jo C. replied 1 year ago.
Yes, you could take either point.
Do be aware though that if you lose then you will be liable for costs.
Customer: replied 1 year ago.

Hi,

If I want information regarding this ticket, do I ask for it before I furnish my details or when I receive my conditional offer. Or send both off intially

Regards

Expert:  Jo C. replied 1 year ago.
No, at neither stage.
You have to respond to the S172 request.
Then you have to decide to reject the conditional offer and take the matter to court.
Then you can ask for further disclosure.

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