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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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Hi, Would appreciate your advice as really worried that I have

Customer Question

Hi, Would appreciate your advice as really worried that I have been really stupid. Due to personal reasons I have not been using my car very much recently and this Wed (19/06/13) decided to give it a run back and forwards (about 6 times within 10/15 minutes) between Junctions 5 (Solihull) and 4 (Shirley) on the M42. The variable speed management system was NOT operating and I did pass through the overhead gantries where the cameras were sited on both sides of the Motorway 3 times each in excess of 70 MPH (I estimate I was going no faster than 90 on my speedometer). I know it's no excuse but I thought the cameras only operated when the Variable Speed System was in operation but understand this might mot be the case as they are of the HADECS Type. If I have exceeded the 70MPH national limit will I receive 6 seperate NIP's and face having a total of 18 points on my licence leading to an automatic totting up ban or will the Police treat this as one offence and I will receive a NIP showing the highest recorded speed? If the former what advice can you give me and should I consult a Traffic Law Solicitor for advice as soon as the NIP(s) are received within the next 14 days - Thank You.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Do you have any other points? Don't panic if I don't respond immediately. I'm just travelling to court.
Customer: replied 4 years ago.

Hi Jo, Yes unfortunately I have a SP30 on my licence (date of conviction 25/06/11) 3 Points - Fixed £60 Fine.

Customer: replied 4 years ago.

FOR JOM01972

Hi Jo, Yes unfortunately I have a SP30 on my licence (date of conviction 25/06/11) 3 Points - Fixed £60 Fine.

Expert:  Jo C. replied 4 years ago.

I must need 10 mins to type out answer if thats ok?
Customer: replied 4 years ago.

FOR JOM01972 - Yes OK thanks.

Expert:  Jo C. replied 4 years ago.
No problem.

Expert:  Jo C. replied 4 years ago.

Thanks for the information.

The short answer is that they will not treat it as one continuous offence. Its an interesting argument actually that nobody has appealed upon yet. However, currently their policy is to treat each journey past the point of enforcement as a separate incident of speeding.

That is not to say that they wouldn't take a view about the prosecution of some of the incidents. They have to consider the general public interest of prosecutions and the overall criminality is reflected by a smaller number of prosecutions.

Obviously though they only need to bring 4 to take you into the totting territory.

You may well also find that they won't have recorded your speed on each occasion. GATSO devices do not always.

If you are placed in a position of an automatic ban then you can always argue that you would face exceptional hardship if disqualified.

Given the short span of time though then it would be worth making representations to them over the public interest in prosecuting all 6 incidents.

To be wholly honest, I will be surprised if they try to do that.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.

Thank you - In view of the circumstances and dependent on my speed (I understand tolerance on these cameras is 70 MPH + 10% + 2 = 79 MPH) do you think I will be issued with one or several NIP(s) and will fixed penalty charges be applied or will I receive a Court Summons. Also if I am just over 79MPH on one of the six occasions I passed through the cameras is there a possibility that I could be offered a Speed Awareness Course and no penalty points?

Expert:  Jo C. replied 4 years ago.
Its quite unlikely they would give you the speed awareness course given the volume of offending.

There is a tolerance on these cameras and you shouldn't hear unless you are over that point.

As I said above though, they will not treat this as one continuous offence.

They might well offer you a fixed penalty fine but if you are over the totting level the will summons.