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FightBack Forums > Queries > Speeding and other Criminal Offences
Papa Tango
Hi I'm new to this site, but has some very useful information (Great site).
Can any body help with the following:

I've gone through the messages already posted, and can't see any info on the following: - I've got till the 20th September to decide whether to accept a FPO, or if I have a strong enough defence to warrent my day in court.


THE FACTS:

I received a S172 notice for alleged speeding (38 in a 40) from a fixed camera that takes picures of the front of the car (time of the alleged offence 22:06)

After reviewing the information on the S172 loophole sections.
I got my agent to complete the S172 notice and send back unsigned (I was flying out of the country for the last 2weeks of the notice, so it seemed reasonable to get my agent to complete the form for me).

I have received back an FPO and no mention that the s172 was unsigned.

I have also found out that the Agent mistakenly ticked the box stating that I had completed the S172 form (which I clearly didn't). The form was also sent back registered delivery and not special delivery.

THE QUESTIONS:

I have five questions:
1. The s172 follows from a fixed forward facing camera (22:06 hours).
Are the prosecuting authorities able to use any photographic evidence to identify the driver?

2. Given that the s172 was returned unsigned, and I have the FPO, with no mention of the s172 being unsigned, how long before I'm free from risk of being prosecuted under s!72?

3. Is the agent liable for 'purgery' or some other heinious crime for ticking the box that I had completed the S172 form (she would obviously be reluctant to testify on my behalf if this would leave her open to procedings)

4. Given that the prosecuting authorities have a form which on prima facia evidence was completed by me, would this invalidate my ability to rely on the Mawdesley defence?

5. Given that points 3 & 4 above are not answered in the negative, how/when would I advise the authorities that the S172 form was completed by my agent?
robin-g
You say your charge is that you were doing 38 in a 40 limit! If that were true, it would be proof positive that the system is out of control. But I'm sure you do not mean that.

It is an excellent site, isn't it. Really helpful and great fun.
Papa Tango
Ooops, spot the deliberate mistake, should have read 38 in a 30 zone! icon_redface.gif
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