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bill1
I was caught speeding on a dual carriageway almost 4 months ago at around midnight. I was pulled over by a police car equiped with a calibrated speedo and 2 officers. They were joining the dual carriageway from a junction just after I passed the junction. There is only a small distance between the junction and the roundabout at the end of the dual carriageway where they flashed me and pulled me over.

When they pulled me over they claimed I was doing 100mph (I admit I was speeding but strongly dispute doing 100mph as I do not believe I was) and that they would offer me a fixed penalty notice for £60 and 3 points which I agree to. I then surrender my license and pay the £60 within the times stated opn the FPN and assume that is the end of the matter. The FPN was signed by the officer when issued at the roadside and the fine was paid for and debited from my credit card.

I have since recieved a letter from the local constabulary returning my license and stating:
"Unfortunately, due to the speed at which you were travelling, this offence cannot be dealt with through the fixed penalty scheme as a court hearing is required"

Given that I had already been offered and accepted the FPN, are the police legally entitled to tell me the offence cannot be dealt with through the FPN scheme and then go on to apply for a court hearing?

If they are then what are my chances of success in court if I can measure the road where they caught me and then go on to prove it would not have been possible over the distances involved for them to accelerate, catch me, then follow me at a constant distance for the erquired distance (1/4 of a mile I believe) before the roundabout?
Any advise would be much appreciated.
many thanks

nemo
Whereabouts did the alleged offence occur ?
bill1
On a dual carriageway between Gloucester and Cheltenham, known as the golden valley bypass.
nemo
QUOTE (bill1 @ Mon, 11 Feb 2008 - 16:11) *
On a dual carriageway between Gloucester and Cheltenham, known as the golden valley bypass.

OK..

QUOTE (bill1)
The FPN was signed by the officer when issued at the roadside and the fine was paid for and debited from my credit card.

Are you sure that the fine amount was debited in full from your account within 28 days of the date of the FPN ?

QUOTE (Road Traffic Offenders Act 1988)
78. General restriction on proceedings (Fixed Penalty Offences).

(1) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates until the end of the suspended enforcement period.

(2) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates if the fixed penalty is paid in accordance with this Part of this Act before the end of the suspended enforcement period.

If the fine was 'paid' within time, perhaps you might want to phone the Fixed Penalty Office, remind them of s.78(2) Road Traffic Offenders Act 1988 and see what they have to say for themselves..
bill1
Many thanks for that advise. I will call them and post the outcome here. Excellent advice, phoned a solicitor up today who told me there was nothing I could challenge with regards to this matter. Really do appreciate the help.
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