Safe Speed Forums

i have just recieved a nip alleging that i have been caught doing 36 in a 30 mph speed zone
whilst i accept that i possibly was (their word against mine ) and i also fully accept that speed restrictions are in a place for a very valid reason i do however feel very strongly that it would be very unfair to be prosecuted at this speed if its correct when surely a warning would be sufficient
the reason i say that is that i use this particular stretch of road 5 and sometimes 7 days a week to travel backwards and forwards to work and i pass this fixed camera (gatso) 4 times on each day as i work split shifts, and being aware of its presence i always slow down even put cruise control on sometimes to ensure that i dont go above the limit
obviously if i was a regular offender then i would recieve these nips on a regular basis but this is the first time that i have recieved one in the past 18 months that i have been working in my current job surely shows that i am careful driver
now i am faced not only with a penalty fine and points on my license which will presumably cost me more on my insurance
had i been travelling at a higher speed then i can fully understand this but surely as aforementioned a warning would be more appropiate
would there therefore be any sense in appealing or will i have to just accept this ?

sutony

Sorry to hear this.
Sadly being a careful or safe driver has no bearing on their decision to place a numeric error in high priority.
No matter what you believe, or how careful a motorist one can be the fact still remains they believe that you have committed an offence.
3 points to most Insurance Companies rarely results in a higher cost, but check with them. You will need to usually inform your Insurance Company of pending prosecutions.

There are a number of points to consider :
- check all details very carefully - location of offence and ensure it is precisely correct, the road name, and ensure all you and your car details are precisely correct. (Always ensure that you keep DVLA up to date with your details, as it is an offence if there are changes that you have failed to notify them of.)
- What type of Camera was it ? Average / Gatso / Truvelo ?
- Has the NIP (Notice of Intended Prosecution arrived within the 14 day period from date of offence ?
- Has the speed limit recently been lowered ? If it has is it legal ? (Council will have approval authority in place if it is)
- Is the signage correct ?
- Where their any large lorries about or other large reflective surfaces ?
- Do they offer a course (speed awareness one) as that can save you to the points but usually cost you more ...

- Do you want to fight the case? To know, you have to do much research investigating all possible failures of the system and what may have occurred here to mount the best possible legal case ... Can you get legal representation ? Can you afford it (time & money) ? (Can you afford not to ?)

For legal assistance do visit Pepipoo (http://www.pepipoo.com/) Forums where they have many legal representatives, and / or seek legal assistance. I am not a lawyer and cannot advise you in this regard.

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