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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71442
Experience:  Over 5 years in practice.
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My friends daughter got a letter of conditional offer of

Customer Question

Hi Pearl, my friends daughter got a letter of conditional offer of fixed penalty 19/12/17. shes left a bit late for an appeal last letter dated 7th feb. alledged offence 45mph in a 30 zone ( automatic camera device) any room for getting her off. andy
Assistant: Where are you located? It matters because laws vary by location.
Customer: Buxton Derbyshire ( St Johns road 30mph zone) may have been a camera van parked on Hatched area
Assistant: Has anything been filed or reported?
Customer: Shes had letter of offer of fixed penalty and shes not sent payment or driving licence yet
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: she cant recall seeing a van or anybody although she was late for work and there does not seem to be a photo of the offence
Submitted: 4 months ago.
Category: Traffic Law
Expert:  Jo C. replied 4 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

What would you like to know about this please?

Customer: replied 4 months ago.
Hi Jo C. should she have had a photo of the offence, does it matter that if it was a camera van was parked on a hatched area of the road, and how important would the fact if it was community camera person sitting in a car
Customer: replied 4 months ago.
I'm ok just to do an email as taxi coming in 5 min
Expert:  Jo C. replied 4 months ago.

Was she speeding?

Customer: replied 4 months ago.
45 in a 30 zone by automatic camera device
Expert:  Jo C. replied 4 months ago.

Ok.

If this is a just a conditional offer then there is no need to provide any evidence at all. It is a means of diverting cases away from court that she either accepts or rejects.

To prove this at court they will need to produce evidence from the laser gun but not at this stage.

If you real question is whether they could prove this in court then obviously I haven't viewed the evidence but they do not need to show that a police officer has operated the device as long as it has been operated "reliably" which means with broad compliance with the ACPO guidelines.

It is a non issue where they are parked unless it renders the findings of the device unreliable.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
Ok I'll speak to Rebecca and see what she wants to do and I'll be in touch during the week. Thanks Andy
Expert:  Jo C. replied 4 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/