• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Challenging notice of intended prosecution

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Challenging notice of intended prosecution

    Hi guys, hoping I could get some advice on whether it is worth going to court to contest a fixed penalty?
    So in my case, I was caught speeding by the same camera (doing 47 on 40mph) on two incidents - 1st incident was late night, I then went abroad a couple of days later, (unaware of this first incident), and on my way back from the airport from that trip I was caught speeding on the same camera, so when I arrived home I had two notices of intended prosecution both offering a potential drive awareness course, however when I wrote back to confirm it was me driving, I was sent back one offer for a drive awareness course and the other for fixed penalty charge of £100 and 3 penalty points. I replied stating my case above and providing evidence of my trip and requesting that I was happy to pay the fine but was hoping they would not take 3 penalty points, I have since received a notice that says I can essentially got to court to contest the matter, so was hoping if someone had any advice if it was indeed worth going to court and requesting just the fine, or if I'm simpy digging myself a bigger hole? Any help would be greatly appreciated!
    Tags: None

  • #2
    How exactly do you think you might contest these speeding charges?
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Hi thanks, for your response, Iím hoping to contest just the penalty points due to not being aware of committing the first offence. I would like to do the awareness course and pay the fine, I want to try and avoid the penalty points. Do you think I have a case?

      Comment


      • #4
        I believe that you would get points for each offence. Doing the course saves you the points on the first one.
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Okay thanks, I intend to do the awareness course for the first one but you donít think the excuse of not being in the country to have seen the first notice would reduce the penalty for the second offence to just the fine?

          Comment


          • #6
            I certainly do not think that. You were probably in the country when you committed the offences. The penalty is for the offence, not for where you went some time later.

            As a matter of interest, do you have points on your licence at present, i.e. before any further points are given?
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Okay, I appreciate your response, bit frustrating as I feel the whole point of an awareness course is to make you aware of your actions to thus avoid repeating it, which in my case I was unaware of my first offence before committing the second at the same exact camera. No previous points, hence why itís so frustrating to lose three like this after which feels more like a first offence than a second but if in the eyes of the law it makes no difference, then I guess Iíll have to suck it up. Again really appreciate you taking time to respond and saving me an additional headache!

              Comment


              • #8
                No awareness of the first offence means nothing in my view. We ban people who have been caught 4 times in the same place within days..Sorry!

                Comment


                • #9
                  Why were you not aware of your speeding? Did you not see speed limit signs? Were you not aware of your actions in terms of the speed at which you were driving?

                  Or is it that you were unaware of having been caught?
                  Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                  Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    I've paid the fine and doing the awareness course now so appreciate everyone's input, I'll save my battle at court for another day. It was on the A406 in London, which I've been down 100s of times but not usually that late, the motorway ranges between 50 and 40 across the route, so I think I might have missed the transition to 40. But based on everyones feedback, sounds like that won't be enough to avoid getting the points, I was hoping I could argue to pay the fine but not the points but seems like I'll just risk getting a higher fine and more points.

                    Comment

                    View our Terms and Conditions

                    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                    Working...
                    X