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Intended prosecution with average speed cameras
pickard
post Tue, 15 Feb 2011 - 15:37
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Hi All

I have received a letter of intended prosecution for doing 62 mph in a 50 mph zone which is monitored with average speed cameras on the M62 I have logged in to the west yorkshire Police website to view the photographic evidence which does support the prosecution, although it doesn't show who was driving the vehicle as it was dark.

Although i was driving above the mandatory speed limit, There were no workmen on the roadworks at that time of night and I don't believe I was driving at an excessive speed.

Is there any way I can get out of this ?

I have had a simalar case like this with a rear facing gatso, but I appealed stating that I did not know who was driving at the time of the offence and the appeal went in my favour and the case was dropped.

Could I use the same loophole in this case with it being a forward facing one (although you cant identify the driver) or is there any other loophole i could use?

Also, I was told that with average speed cameras on a motorway, to prosecute you, the vehicle must remain in the same lane, so the camera can measure between point a and point b in one continuous flow. is this true?



Any advice would be appreciated , as we have just had our second child and need all the money we can get !!

Thanks in advance

This post has been edited by pickard: Tue, 15 Feb 2011 - 23:53
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post Tue, 15 Feb 2011 - 15:37
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The Rookie
post Tue, 15 Feb 2011 - 15:44
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NIP wizard as linked to in the READ THIS FIRST BEFORE POSTING sticky (and linked top right)

Nothing you have told us so far is going to help you, the car used to have to stay in one lane, no longer the case.

If you claim to not know who was driving you WILL be summonsed for that offence and have to justify why not in court, 6 points and a fine of circa 150% of your weekly take home when you lose.

Simon


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jobo
post Tue, 15 Feb 2011 - 15:44
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your running with old news, at one time denieing you know who was driving would have it filed in the too much trouble bpile, but as this knoledge grew, they started to routeenly prosicute and put up the penalty to 6 points, we occasional get people [posting that they have done this and just recieved a warning letter, but a lot lot more that they have got a summons


and they changed the config of the cameras, up to quite recently changing lanes would fool them, but not any more im affraid


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V70pilot
post Tue, 15 Feb 2011 - 17:21
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In your post you admit you were exceeding the limit but try to justify that by saying there were no workmen.....That is no defense

Do you not think that the authorities would have the loopholes covered, otherwise no-one could be prosecuted.

What you need is advice to mitigate your case to minimise the penalty you will get.
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Pancras
post Tue, 15 Feb 2011 - 17:36
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QUOTE (pickard @ Tue, 15 Feb 2011 - 15:37) *
Also, I was told that with average speed cameras on a motorway, to prosecute you, the vehicle must remain in the same lane, so the camera can measure between point a and point b in one continuous flow. is this true?

SPECS cameras used to only have Home Office Type Approval for single lane use, however new test schedules have now been approved and it now has type approval as a multi lane system. So to answer your question, it used to be true, but isn't now.
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Aretnap
post Tue, 15 Feb 2011 - 18:03
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QUOTE (V70pilot @ Tue, 15 Feb 2011 - 17:21) *
What you need is advice to mitigate your case to minimise the penalty you will get.

No mitigation needed. At 62 in a 50 the op will be offered a fixed penalty of £60 and 3 points. They are free to reject it, in to court and argue mitigation, but this risks a higher fine if their mitigation is not accepted. Almost no mitigating circumstances, short of a verifiable medical emergency, will get the penalty lower than the fixed penalty level.
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