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76 in temporary 50, 04:30 AM, no lanes closures, no roadworks
rich_f82
post Thu, 5 Oct 2017 - 20:24
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Hello,

I am looking for some advice as I have never been in this situation before.

I was photographed driving at 76 in a temporary 50 limit by some average speed cameras on a short section of the M4. I don't dispute this, and I have returned the NIP already, some months ago saying i was the driver at the time. A single justice procedure notice has now arrived asking for my plea.

My only defence (if you can call it that) is that the section was clear - there were no lane closures (you can see on the photo that at least the three lanes are open, it;s possible the hard shoulder was coned, i can't remember, but there were no workers) and there was nobody actually there doing anything on the roads - it was 04:30 am. The temporary 50mph section was relatively short, so it didn't seem necessary to slow down. It was almost as if they had just left the signs up after packing away everything.

I am a careful driver. I do about 15,000 - 20,000 miles a year. I've been driving for 12 years, no accidents, no insurance claims, no other traffic offences, not even a parking ticket (I did get one once, but this forum helped me get it revoked).

Any advice on what I should do would be very much appreciated.

Thank you in advance.

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post Thu, 5 Oct 2017 - 20:24
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Jlc
post Thu, 5 Oct 2017 - 20:29
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If the signage was correct and the necessary orders in place the you do not appear to have a defence.

A guilty plea will likely see 6 points and a fine around 150% of your post deduction earnings. You get a 33% discount for a guilty plea but costs of £85 and surcharge of 10% of the fine (min £30).

It's possible they'll consider a short ban but the points are more likely.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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ford poplar
post Fri, 6 Oct 2017 - 01:03
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We cannot see any photo's.
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The Rookie
post Fri, 6 Oct 2017 - 03:36
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Time of day, closures, roadworks or amount of traffic are irrelevant as long as the limit (I presume this wasn't a variable limit as it was average speed cameras?) was set lawfully, in which case a guilty plea seems the best option as you are guillty.


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rich_f82
post Fri, 6 Oct 2017 - 15:24
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Thanks for your replies.

It wasn't a variable limit, it was (if I remember correctly) some metal
signs on the sides of the road.
In reply to ford poplar, I didn't post any photos, but they show the road open and empty.

Ok so as I suspected I'm just going to have to take what they give me. The letter offers me 2 ways to make a plea: online or by post. Also, there are 3 options for the plea. Not guilty, guilty and go to court or guilty and don't go to court.
Which of the guilty pleas is recommended here? Is there any benefit in going/not going to court?
Also, there is a box labelled 'mitigation' on the form. Should I put anything in there?

Thanks again
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AntonyMMM
post Fri, 6 Oct 2017 - 15:58
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No point going to court unless you have a defence to put ....it will only cost more.

As far as mitigation goes - best to leave it to a simple apology, there isn't much else you can say - do not say that you chose to ignore the limit because you couldn't see any reason for it (that wouldn't go down well).
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The Rookie
post Sat, 7 Oct 2017 - 02:13
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I'd plead guilty and not go to court, you've nothing to submit that needs a court attendance.

Nothing really you can put in mitigation, either leave it blank or admit a moment of much regretted stupidity, don't try and justify it in any way (such as mentioning lack of traffic, early morning etc).


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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