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Speeding -Single Justice Procedure Notice Stage, Advice on managing the process
driverd
post Tue, 17 Sep 2019 - 09:36
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Member No.: 105,772



So here’s the story

I apparently activated a HADECS camera on a variable speed limit motorway. Apparently a variable speed limit of 60mph was in force. This was in a late spring month this year, a weekend, late evening, road was very clear.

The alleged speed i was doing attracts a Band B sentence i.e. 4 to 6 points plus 125% weekly income fine. I have a clean licence and never had any points previously.

I requested photographic evidence, along with calibration certificates etc. which was provided.

The evidence also shows a photo of the gantry showing the illuminated 60mph sign however the photo captured is 1sec after the alleged offence.

I also requested from the highways agency a log of the variable speed limits in operation that day.

Here’s where it gets interesting, the highways agency do not have log of what the speed limit was at the time of the alleged offence. There is a data log missing for around 8 hours that day.

On the face of it appears to be a system error and I think the system was "stuck" on displaying a 60mph limit for those missing 8 hours.

This is reminiscent of a recent case where a 20mph was incorrectly displayed for 12hrs on a motorway. But not easy to prove as legally unenforceable

Have now been sent a SJPN as offer of fixed penalty timed out due to admin issues and have to respond to it my next week.

I queried whether the fixed penalty could be reinstated but the answer was no.

Options

Plead Guilty on the SJPN- with mitigating circumstances about the fixed penalty, clear road etc.

Meaning best case get £100 and 3 points. Worst case £350-£500 fine + 6 points if Magistrate is spiteful

Plead Not Guilty on the SJPN

SJPN documentation is missing the NIP initially sent to the lease company and the witness statement makes explicit reference to it, all other paper work i.e. NIP to me and fixed penalty papers have been included.

In addition the witness statement does not have the "witness to signature” box signed.

So I can base the not guilty pleas on “No evidence provided to evidence the 14 day NIP requirement has been met” but i think they have met the 14 day period based on correspondence from the lease company

Then hope some “Administrative” issues occur and the case is dropped before trial.

If trial is likely to proceed, plead guilty before trial and get 3-6 points + £350-£500 fine+ £95 prosecution costs.

Any comments/advice would be very much appreciated from members!

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post Tue, 17 Sep 2019 - 09:36
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driverd
post Tue, 8 Oct 2019 - 08:21
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Just to conclude on this matter

Speeding was dealt with the SJPN. Pleaded guilty. Took a week for the case to be heard.

Was sentenced 4 points + £100 fine + £95 prosection costs + £30 victim surcharge.

Mitigation letter included sentencing guideline surrounding imposing a fixed penalty equivalent sentence + clean license previously + narrative on regretful about speeding.
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