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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 received a notice of prosecution about two months after the

Customer Question

I received a notice of prosecution about two months after the offence. I had been stopped by a police crew with a speed gun. I filled in the forms and pleaded guilty,
I received a fine of £558.00 including costs and 6 points in my licence.
Can I appeal on the grounds that the notice was issued too late?
Submitted: 7 months ago.
Category: Traffic Law
Expert:  Jo C. replied 7 months ago.
Were you speeding?
Customer: replied 7 months ago.
Yes in a 40 mph area
Expert:  Jo C. replied 7 months ago.
What speed were you doing?
Customer: replied 7 months ago.
65 mph in a line of traffic
Expert:  Jo C. replied 7 months ago.
Ok. I presume you were prosecuted for speeding then rather than failing to identify essentially because the speed was high proportionate to the speed limit.On your specific point, there are really two answers and neither are very favourable.You can't appeal on this basis. The right challenge would have been at the time of the prosecution. It is not a ground of appeal.In any event, you were stopped at scene and a verbal NIP issued so the time that the actual S172 form was sent out is a non issue as long as the information was laid within 6 months. They only have to do it either verbally or by post within 14 days.Can I clarify anything for you?Jo
Customer: replied 7 months ago.
No thanks just the same
Expert:  Jo C. replied 7 months ago.
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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