Is everything in order?

[dgs]

Hi I'm always pretty careful normally, using cruise control to set the appropriate speed for the road but I was for that day not in my normal van, this one didn't have cruise control.
It doesn't mention what type of camera apart from manned equipment? never knew about a facing away camera apart from a gatso? So a NIP was issued for travelling at 37mph on a 30mph country single road. The photographs bother me a bit with an oncoming vehicle possibly triggering something? Looking at the photos any concerns? or if they can make it stick i havent had a driver awareness course for god knows how long. What do I plead? excluding ignorance and is there a get out jail free card anywhere? Thanks.

[HandyAndy]

No, there isn’t a get-out-of-jail-free card.

Provided the limit is properly in place and signed as necessary, the police simply have to prove that your speed was measured by an approved device, operated in the correct manner. If they do that, the burden shifts to you to prove that it cannot be relied upon. You have to prove that (on the balance of probabilities). Simply casting doubt on the prosecution evidence is not enough. You will almost certainly need expert help to do this.

The cost of failure is high. You will face an income-related fine, a “Victim Surcharge” of 10% of the fine (minimum £34) and three points. The biggest crippler will be the costs the prosecution will ask for. The usual amount asked for is £620 but may be more if they have to enlist expert help to counter your claim.

Provided the offence did not take place in Scotland, you should be offered a course for that speed provided you have not done one for an offence which occurred in the three years prior to this one. The cost will be around £90 and the course is held online. If you don’t fancy that, a fixed penalty of £100 and three points is the alternative.

Make sure you respond to the “request for driver’s details” which accompanies the NIP within the 28 days allowed. Failure to do so will see you commit a separate, more serious offence which carries six points, a hefty fine and an insurance crippling endorsement code (MS90) which will see your premiums rocket for up to five years.

[dgs]

OK thankyou for that HandyAndy
it was just that i couldn't imagine what manned camera it was if wasnt a gatso as there were no telltale lines on the road? and i was going away from it apparently.

[ostell]

Something like I saw today: van on a bridge over the road with the telltale flaps down and aimed at vehicles moving away from the van.

This van appears regularly at this site

[dgs]

Returned the form saying I was the driver and got a letter back informing me of £100 fine and 3 points? For 36mph on a 30mph country road?
I drive for a living, haven't had a driver awareness course within the last 3 years?
Is this decision set in stone or can I change their decision in any way? Thanks

[HandyAndy]

It's not set in stone. The offer of a course is entirely at the discretion of the police. However, all forces in England & Wales (courses are not offered in Scotland) say they subscribe to the guidance issued by the National Police Chiefs' Council. The table of thresholds is in section 9 of this document:

https://www.npcc.police.uk/2018%20FO...20Guidance.pdf


You can see that in a 30mph limit a course would normally be offered up to and including 42mph. The only proviso is that you must not have done a course for an offence that took place in the three years prior to the latest one. You could try contacting the ticket office to ask why you have not been offered a course but, bar a judicial revue on the basis of a "reasonable expectation" (£££££s, lots of hassle and no guarantee of success) there is no formal route to appeal the decision.

How long ago was the offence?

[islandgirl]

Will the 3 points take you worryingly closer to 12? Sorry just reread the original post - presumably you have no other points? I agree with the above - and I think it is probably best to take the fine and points though no harm in asking why the course was not offered.