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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 72896
Experience:  Over 5 years in practice
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I have just received a notice of intended prosecution.

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I have just received a notice of intended prosecution. For the alleged offense of excess speed - 50mph Motorway variable Speed limit.
I was doing 69mph.
I am certain that the last gantry sign I went under had reverted back to the national speed limit, which is why I was doing 69mph. I travel this Motorway daily and am mindful of speeding so would not speed up unless it was clear to do so. I feel that the camera and gantry signs were out of sync.
What are my options? Must I just accept this? Or how can I prove this? I already have 3 points on my license.
Thank you,
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you prepared to risk a costs order at court if you lose?
Customer: replied 3 years ago.
I dont really have an extra £520 to lose but I fee frustrated that I just have to take this on the chin. I am sure that the gantry signs had changed. How can we check this?
Surely there is somewhere where it can be checked. How will they prove that the signs were still saying 50?
Well, there isn't a way of doing that.
Gantry signs are normally just advisory only unless they are surrounded by a red circle indicating a temporary reduction.
The only way to check that is to refuse the fixed penalty offers, wait for the summons, plead not guilty and then put in a defence statement asserting the signs were inadequate which would then prompt secondary disclosure from the Crown. It might be that they would respond to a simple letter though.
The trouble with this is that you are taking a risk. It might pay off. They might fail to summons. That does quite regular happen. If it does that is wonderful.
But if you lose then costs could be onerous.
Can I clarify anything for you?
Customer: replied 3 years ago.
Hi ***** write to them,what should say? how should I word a defence statement? I am certain that the national speed limit signs were up.Thanks
You have to refuse the fixed penalty offers, wait for a summons and then enter a not guilty plea first.
Thereafter you would need to engage a solicitor really to write a defence statement. You might be able to just write them a letter instead if you are unrepresented.
Customer: replied 3 years ago.
So is it worth entering into a discussion on the email address provided?
Customer: replied 3 years ago.
What is secondary disclosure from the crown?
Customer: replied 3 years ago.
I really would like to defend my case, but it seems like my word against theirs. how can it be proved what time the speed restriction was lifted?
They would produce evidence of that. Probably a statement from the operator or a computerised print out depending upon how it was operated.
Customer: replied 3 years ago.
it looks like I stand not chance, other than hoping they forget to summon me.
Generally speaking the odds are always against you at the magistrates court. They are not really a fair tribunal. You do take a risk. It might pay off. It does sometimes.
Customer: replied 3 years ago.
Ok Jo,Thanks for your advice. I am gonna sleep on it. Thanks again, and good night!
No problem. All the best.
Customer: replied 3 years ago.
Hi JoIf I get convicted how many points am I likely to get? And how long do they stay on my license for?Thank you,Leanne
Hi. If this is 69 mph in a 50 mph zone then I would expect 4-6 points.
Please remember to rate my answer.
Customer: replied 3 years ago.
How long do they stay on my license for?
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi JoThanks for all your help. I love the "."That was me told...;-)I will google the length of time the points stay on if you don't know! I will however not be asking for more help, as I am saving for my impending fine. grrrrrrHave a triffic weekend, and I hope I don't need your services again....But you just never know. I do a lot of driving!Kind regards,
I'm not sure what happened there! I think I must have hit answer on the ipad.
Points stay on your licence for 3 years for the purposes of the totting provisions, 4 years for the purposes of the DVLA and usually 5 years for your insurance company.