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What is the process of contesting a driving offence?

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  • What is the process of contesting a driving offence?

    Received NIP for exceeding a 30mph speed limit. The speed camera is right after a change in the speed limit. The only two speed limit change signs have been obscured by some paint or dirt, new limit is not visible. There is however a white speed limit sign painted on the actual road without a red circle. Is this enforceable?

    What would be the next steps in contesting the ticket? Do you have to admit you are the driver first?
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  • #2
    Do you have to admit you are the driver first?
    Yes you do. Failure to do so will see you commit a separate offence which carries a hefty fine, six points and an insurance-crippling endorsement (MS90)

    You can't "contest the ticket" in the same was as you can a parking offence. After you have named yourself as driver the police will decide what action to take. Up to 42mph they may offer you a course, 43-49mph they may offer you a fixed penalty (£100 and 3 points). Above that they will prosecute you.

    If you want to contest the matter you will have to decline (or ignore) any out-of-court offer and plead not guilty when court proceedings are taken. You will then face a trial and you will have to show that the limit was not "adequately conveyed".

    In most areas a "case management" hearing will be held before the trial and you will be asked to state the basis of your defence. It may be an idea to return to the scene and take photographs (date-stamped) of what you claim to be the deficient signage and keep that as evidence.

    You might try an informal approach to the police before declining their offers. There may be a general problem which has caused numerous people to see enforcement perhaps on the same grounds as you and they may discontinue. However, I doubt it, but it's worth a phone call. Note that doing this does not alter or delay your obligation to name yourself as driver

    You should be aware of the cost of failure following a trial. You will face an income-related fine of at least half a week's net income (more if your recorded speed was over 40mph), a surcharge of 40% of that fine and prosecution costs in the region of £650. So no change from £1,000 for most people and possibly more depending on your income.

    Comment


    • #3
      Originally posted by HandyAndy View Post

      Yes you do. Failure to do so will see you commit a separate offence which carries a hefty fine, six points and an insurance-crippling endorsement (MS90)

      You can't "contest the ticket" in the same was as you can a parking offence. After you have named yourself as driver the police will decide what action to take. Up to 42mph they may offer you a course, 43-49mph they may offer you a fixed penalty (£100 and 3 points). Above that they will prosecute you.

      If you want to contest the matter you will have to decline (or ignore) any out-of-court offer and plead not guilty when court proceedings are taken. You will then face a trial and you will have to show that the limit was not "adequately conveyed".

      In most areas a "case management" hearing will be held before the trial and you will be asked to state the basis of your defence. It may be an idea to return to the scene and take photographs (date-stamped) of what you claim to be the deficient signage and keep that as evidence.

      You might try an informal approach to the police before declining their offers. There may be a general problem which has caused numerous people to see enforcement perhaps on the same grounds as you and they may discontinue. However, I doubt it, but it's worth a phone call. Note that doing this does not alter or delay your obligation to name yourself as driver

      You should be aware of the cost of failure following a trial. You will face an income-related fine of at least half a week's net income (more if your recorded speed was over 40mph), a surcharge of 40% of that fine and prosecution costs in the region of £650. So no change from £1,000 for most people and possibly more depending on your income.
      Thanks. One thing to note that might help them is that I think there is a system of street lights but I also think this same system exists in both speed limit sections.

      Comment

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