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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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if you are stopped with another car behind you, and shown ANPR

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if you are stopped with another car behind you, and shown ANPR photos of the other car and one small one of yours and the speed shown lets say 90 mph does that apply to all vehicles in all photos ? as suggested , and can you ask to see the video of your vehicle to confirm that ?

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

Were you speeding?
Customer: replied 4 years ago.


I presume this is a VASCAR vehicle?
Customer: replied 4 years ago.


Are you prepared to risk contesting this at court?
Customer: replied 4 years ago.

That is the big question ! Take the £100 fine and three points ,or go to court . what are my chances of winning ? unmarked car and six years old , I just think underhanded . clear dry day no congestion , momentarily lapse of .........?

On that basis, you will lose.

The fact that the car is unmarked is a non issue. All that is a complete myth I’m afraid. VASCAR cars are a speed detection device like any other.

There is no obligation to highlight the presence of a speed detection device at all. They are perfectly free to high them behind overgrown trees and catch motorists by stealth in law. Speeding is a crime like any other. The police are under no obligation to warn people of their crime detection methods. In fairness, if test purchase officers had to warn people of their presence they would never catch any dealers and the different here is just one of degree unfortunately.

The ACPO guidelines do say that they should be highlighted. They are just guidelines and not law. Many of the Constabularies ignore them and there has been case law that weakens any need to enforce them.

What they cannot do in law is obscure the speed limit signs in any way.

What you may win upon is just plain challenging the findings of the device. This is a device like any other and any device is capable of failing. Obviously I haven't seen the evidence here and you do need to bear that in mind. However, I cannot immediately see how a VASCAR device can record the speed of two vehicles at once. VASCARs are always more imprecise than GATSOs anyway. What they could try to do is prove the speed of one of the two vehicles and argue that the other must have been speeding because they travelled alongside or behind it and noted that it was keeping pace but its very unlikely that they have that information and anyway its so slapdash that its not likely to succeed.

The problem though is that you will have to decide how much risk you want to take. You cannot demand sight of anything at all before accepting the fixed penalty. They do not have to prove the case to you to place you in a position to decide whether to accept a fixed penalty. Whether you do or not is for you.

If they do summons then they will have to disclose their evidence to you before trial but not before fixed penalty.

The fact that they have offered a fixed penalty for 94 mph in a 70 mph zone may indicate that they have concerns about their case as this is outside of the sentencing guidelines for this speed as well. Obviously though thats a risk.

The fact that it was a clear day or that it was a momentary lapse in concentration is also immaterial.

Personally, I would probably fight it. Now that the fixed penalties have gone up to £100 there really isn't much point in not going to court even if you plea by post. The financial penalties are slightly higher but there is a chance that they will forget to summons.

Hope this helps. Please let me know if you need more information.


Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks for your help .Will have to have a long think about what you have said .

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
Customer: replied 4 years ago.

Hi Jo C, Adrian here again . I Have just read about some police forces using fixed notices with NIP for speeding incorporated like the one I received .The offence code quoted was SV77011 ? And I also remember the traffic officer mentioning it was a ANPR ! " look on the ANPR and the speed " Which oviously would record my vehicle and the one behind me , but do they record speed ? as the speed of the Vehicle as pointed out !

Not normally but it may have been a VASCAR device as well.

ANPR devices work by scanning vehicle registrations and checking them against information stored in database to identify vehicles of interest to the police.

VASCARs record speed.
Customer: replied 4 years ago.

Oh right , I'm a bit confused now . was it just a ANPR . Was the Officer trying to pull a fast one by suggesting it was VASCAR speed recorder ! .As I mentioned earlier, At no point did I suggest I had been speeding .

I Just looked at what I was shown . I'm a bit annoyed with myself for not hanging around to see wether the other driver pulled over received a Fixed penalty notice or just a producer . He was writing the form out as i left !

Obviously I won't know what the officer used.

One option is that they could be saying that they travelled alongside both vehicles and did not either gain upon you or lose you and measured your speed by reference to their own speedometer.
Customer: replied 4 years ago.

Yes you could be right . Is it still worth taking it any further ? I don't dispute that I was exceeding the speed limit, but 94mph. When 95 would mean going to court !

Customer: replied 4 years ago.

Before I forget .There was only one officer in the police car , I thought there had to be two in the Vehicle ?

94mph isn't the limit.

The limit is 90 mph if this were a 70 mph zone.

No, the opinion of the police officer can be relied upon as prior opinion and the corroboration can be his speedometer.

Or, of course, a VASCAR.
Customer: replied 4 years ago.

Ok ,thanks . Enjoy rest of your day .

no problem and all the best
Customer: replied 3 years ago.

Hi Jo C , Further to previous conversation . Can you dispute details on the FPN ? The Scene of the incident , meaning road details and the time of day written on FPN. If you think the details are incorrect .

You can dispute the details of an allegation but the FPN isn't the issue. What is the issue is what is upon the requisition to court.
Customer: replied 3 years ago.

Ok thanks

No problem.

All the best.