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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 78434
Experience:  Over 5 years in practice.
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I have recently received a conditional offer of fixed

Customer Question

Hello.I have recently received a conditional offer of fixed penalty from Essex police. I have a clean record on my license. I was reported by a cyclist for overtaking and passing close to him while I was driving a coach in Epping. The letter instructed me to choose either option 1 or 2. Option 1 will attract me with a fine of £100 and 3 points + the surrender of the license to police while option 2 will refer to the court hearing. I would like to know if there is any chance of appealing this matter in court because I have not yet seen any evidence or video footage. I am worried I will not be able to drive when I surrender my license to HMCTS.
JA: Do you need to appear in court?
Customer: No. I was given a choice of accepting a 3 point endorsement and £100 fine, or accept a court hearing.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would like to know if it is worth appealing to the magistrates and how long it will take before I can hear the date of court hearing.
Submitted: 6 days ago.
Category: Traffic Law
Expert:  Jo C. replied 6 days 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.

Expert:  Jo C. replied 6 days ago.

Is this careless driving?

Customer: replied 6 days ago.
It said the offending vehicle is a single decker coach and overtakes a pedal cycle against oncoming traffic passing extremely close to the pedal cycle.
Expert:  Jo C. replied 6 days ago.

Ok, do you deny that?

Customer: replied 6 days ago.
Until I saw an evidence, I denied that. Possibly the space that I gave him was not as much as he expected.
Expert:  Jo C. replied 6 days ago.

Thanks for the information

You can obviously plead notguilty and contest this matter.

What you cannot do though isplead not guilty until you have vision of their case, then plead guilty andexpect to be given the same penalty as you would have had if you had pleaded nowremotely.

That might very well be theright thing to do but you need to understand that you are taking a risk.

At the moment you are beingoffered a conditional fixed penalty and at court you would not get that. it maynot be much more. It may be that youwould never be summonsed. The risk may pale but you need to understand that youare taking a risk.

You really need to thinkabout whether or not you think that the evidence will suggest that your drivingfell below the standard required. If you think that it may then probably bestto accept the fixed penalty . If you think it should not then it is not

Can I clarify anything for you?

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Jo