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FightBack Forums _ Speeding and other Criminal Offences _ contesting a speeding offence

Posted by: nikos Fri, 4 Sep 2009 - 12:11
Post #395646

Hi to all,please be patient with me as i am new to the forum this is the letter i intend to send for fighting a 35 in a 30 alleged offence. Any pros and cons please will be highly apreciated. So here it comes:

dear sir/madam,
i am writing to you in response to your letter in which you allege that i have comitted a speeding offence, which i undestand is been detected using a mobile device.
having done the speed awarness course last year( 35 in 30 again but detected by fix camera) i thought that i become a better driver and i always try to obey the speed limit. Also i noticed that in the day of the offence the camera van was not parked on the usual place (straight road) but around the bend on the yellow line(posibly because of lack of parking spaces). All of this points me to the conclusion that your readings may not have been acurate. As times are very hard indeed at the moment i respectfully to ask you if posible to send me the evidence you have regarding the offence before i surrender my driving licence for endorsment.
Hoping that you understand my concern i thank you in advace.
yours.....

PS I had study the site before posting and this is my only option as i have already admited for being the driver. Please also ignore any spelling mistakes ( i will proofspell it before sending it) Thanks again







Posted by: Durzel Fri, 4 Sep 2009 - 12:30
Post #395659

What are you actually being done for? 35 in a 30 or driving whilst using a handheld telephone?

The usual protocol for cases generally is to request photographs "to aid identification of the driver". You should not mention "evidence" at all, and definitely not state that the reason you want the photographs is to verify whether the readings were accurate.

Since you've already admitted to being the driver it's quite likely that they won't send you the photographs now, nor enter into any further correspondance with you unless you then decided to plead not guilty to the offence when you receive the CoFP.

Posted by: CuriousOrange Fri, 4 Sep 2009 - 12:34
Post #395666

The 'mobile device' is the speed gun, not a mobile phone.

@OP: They'll just ignore that letter. If you don't accept the CoFP they'll issue a summons to court. If you plead not-guilty then you'll get the evidence bundle. If you get a guilty verdict at court (through pleading guilty or them finding you so) you'll still get three points on your licence but the fine will be noticeably higher.

You probably won't get offered another SAC as you've already done one last year.

Posted by: Durzel Fri, 4 Sep 2009 - 12:36
Post #395668

lol I'm an idiot, I misread that line completely. smile.gif

The "is been detected" vs "has been detected" threw me sad.gif

Posted by: BaggieBoy Fri, 4 Sep 2009 - 13:08
Post #395684

The "on a bend" arguement doesn't fly. Due to the cosine effect, the detected speed will be lower then the real speed of the vehicle. So if they think you were doing 35 in reality it might have been higher.

Posted by: Hotel Oscar 87 Fri, 4 Sep 2009 - 14:08
Post #395700

Though this might sound harsh, frankly a letter of this nature in these circumstances, is an utter waste of time and effort. The OP has raised nothing of any substance and would probably be better advised to write a simple "please send me copies of any photos that might assist me to identify the driver at the time of the alleged offence" rather than this - provided he has not already returned his Sec. 172 response. If he receives the photos he might be better satisfied as to the validity (or, indeed, otherwise) of the "ping".

Posted by: Pete D Fri, 4 Sep 2009 - 14:31
Post #395707

And I definitely would not be telling them that you have already attended a SAC. They might slip up and offer you another one without realising, thin chance but stranger things have happened. Pete D

Posted by: BaggieBoy Fri, 4 Sep 2009 - 14:44
Post #395714

So if you've already admitted you are the drive,r there is no point in ask for photgraphs to identify the driver. Have you recieved a conditional offer? Asking for evidence is unlikely to be of benefit, as you are not entitled to anything unless you opt to take it to court and plead not guilty.

Nothing you have said would consitute a defence and the cheapest option would be to accept the fixed penalty.

Posted by: nikos Fri, 4 Sep 2009 - 18:19
Post #395784

thanks baggie boy, they have actualy offer me the course again but it also states there that you can only have one in 3 years, so if i would have reply to that i would have admited to the offence, this way i have not admited to anythink yet, i know they would not send me the photo( please note i have not ask for the photo but the evidence) as i hope to folow it up by another letter requesting the calibration and so on- that is how i got away last time when they said i was doing 42 in 30 but they neve took me to court

Posted by: BaggieBoy Fri, 4 Sep 2009 - 19:27
Post #395807

Was it the same force that you did the SAC with before.

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