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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9038
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have received a Notice of intended prosecution in a 30 on

Customer Question

Hi, I have received a Notice of intended prosecution for 52 in a 30 on my motorcycle, however I ride with a sat nav that warns when I exceed speed limit and I do over 40,000 miles a year by motorcycle in the course of my work. I requested the picture and its clear its myself riding, however there is a car very close behind me. I also notice the cross hairs from the detection device are not on my number plate but off to one side on a curved surface. I honestly don't believe I was doing the speed recorded...what should I do?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: not yet..
JA: Is there anything else important you think the Lawyer should know?
Customer: the camera was apparently in a mobile van 75 metres away and the picture shows a distance of 54.5m..
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: UK Law
Expert:  Jo C. replied 9 months ago.

Hello, have you admitted the offence yet?

Customer: replied 9 months ago.
Hello - Not yet, I have to complete the NIP and return it..I can only confirm my vehicle details and that I was riding...but there is no space to question the offence...I drafted a letter to return with it...but not sure if I should send it..see below:Dear Sir or Madam:
Reference:
Notice Number 0223050249339020
Date of issue: 01/02/2016
Vehicle registration: VK65 XZV
RE Notice of requirement to give information
I have received the above Notice of Intended Prosecution regarding an alleged speeding offence committed on 30/01/2016 by vehicle registration VK65 XZV, of which I am the registered keeper.
I am naturally anxious to determine the true facts in this case, and offer you my full cooperation in establishing this.
I have received the below photograph for which I offer my thanks, ***** ***** clear from the photograph that it is in fact my vehicle and myself riding, I am however severely shocked regarding the recorded speed. I ride in excess of 40,000 miles a year in the course of commuting between company offices both in UK and Europe and have always taken great pride in the fact that I have maintained a clean licence and safe driving record by observing speed limits and maintaining awareness of road hazards and conditions. I take safety extremely seriously and always ride with high visibility equipment including a personal airbag and a satellite navigation system that provides audible warning in my crash helmet of speed limits. In the event of exceeding a speed limit I receive a persisitent warning that simply cannot be ignored.
The picture provided does indicate a vehicle following in dangerously close proximity to my motorcycle and this would certainly have been a distraction, however I struggle to accept that I could have allowed my speed to increase to 52mph in a 30 mph area. I do note that the cross hairs from the camera target are offset to the number plate and therefore not on a flat surface required to reflect to achieve accurate measurement. In this situation it is highly possible that the measurement could be affected as has been documented in a significant number of similar situations.
Yours faithfully,Charles Snooke
Customer: replied 9 months ago.
just added photo provided by police
Expert:  Jo C. replied 9 months ago.

Do you deny doing 52 mph ?

Customer: replied 9 months ago.
Hi, As I stated in the info above I honestly do not believe I was doing the speed recorded. My questions are;
A - Should I contest it?
B - How do I contest it?
C - Should I send a letter as indicated above with the NIP form?
D - What is the chance of successfully challenging the camera data?
Expert:  Jo C. replied 9 months ago.

A. - it depends. You are not raising a sound challenge on the facts you mention above.

B. - you just refuse their offers and wait for the I moms and then plead not guilty.

C. - no, absolutely not.

D. - minuscule on these facts. If your challenge is essentially that your device didn't tell you the camera was there then that matters not. Even if the device said something dissimilar they are going to prefer the evidence of the GATSO unless there is some substantial concern about its efficacy. Can I clarify anything for you?

Jo