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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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My speeding prosecution was timed on the form at a time when

Customer Question

my speeding prosecution was timed on the form at a time when I am confident I was not driving. I may possibly have been driving there an hour later but am really not sure?
Could this be altered by the police as a clerical error I have not got photographic evidence yet am I entitled to this and could this error be a mitigating circumstance?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
What speed were you doing and what was the limit please? I will probably respond in the morning now.
Customer: replied 2 years ago.
They quoted I was doing 35 in a 30.
Expert:  Jo C. replied 2 years ago.
Do you accept speeding?
Customer: replied 2 years ago.
I was probably going at 35 miles an hour but later in the day not 14.39. My car has a very blank speedo so it is difficult to tell exact speeds. I have received the photo now and the car is mine, but the time is still wrong on the photo. Is this a clerical error? I have emailed the FPSU to say I was not driving at this time but they have not looked at any possibility of the machine not being calibrated right and I have a letter stating was I driving at this time and the penalties for not replying.
Expert:  Jo C. replied 2 years ago.
It is a clerical error. It is probably that they haven't changed the time on the GATSO device.It depends what you want to do with this.
Expert:  Jo C. replied 2 years ago.
In legal theory, you could plead not guilty on the basis that indeed your vehicle was not there and speeding at the time alleged.The worst case scenario though is that they will summons you and then you will have to put your case and they will just amend the indictment. They can do that without application until half time and even after half time it is not often refused. Then you would have to plead guilty and face increased costs.
Expert:  Jo C. replied 2 years ago.
The other alternative is to just write back to them or email explaining. You could always send the NIP back with a covering letter to that effect.The advantage of doing that would be that it eats into their time clock.Can I clarify anything for you?Jo