Speeding - Wrong time recorded

[waddoups]

Hi,
I have just received a speeding ticket from a mobile camera recording a speed of 60 in a 50 zone.

I do not dispute that this is correct but although the recorded date is correct, the time recorded is 08:02 when it was actually 06:02

Does this invalidate the ticket?

[dannydingbat]

A fixed penalty ticket is just that. It gives you the opportunity to pay an amount of money during a period of time and no action will be taken against you for the alleged offence. If you pay it, fine. If you don't, you will get the chance to go to court and argue whether you were innocent or not. Nothing invalidates the ticket although the fact that the wrong information appears may give you good grounds for a not guilty verdict later on. It is alleged that you committed the offence at 8.02 am when you were, presumably, somewhere else.

[JudgeJ]

Whether you decide to argue the charge on the basis of the time is a matter for you. As dannydingbat points out your only opportunity to do this will be in court by pleading not guilty to speeding. You should be aware that the prosecution can seek to amend details of the charge (including the time, the date and the vehicle index number) up until they have completed presenting their case in court. If they do discover the time disparity and they do amend their charge, they have no need to explain the disparity. However, it may damage their evidence if they are unable to account satisfactorily for the difference.

One thing you must not do is to ignore the request you have received for the identity of the driver. You have a duty to provide this even if you intend to argue the speeding charge. If you do not you will be charged with an offence of failing to supply driver�s details under Section 172 of the Road Traffic Act. This offence is not covered by the Fixed Penalty Scheme and carries a fine (of considerably more than �60) and three points.

If you do fail to supply the details and the prosecution pursue this charge, the speeding charge will be dropped and the issue of the timing of the offence will no longer be relevant.

[Lou Knee]

Hi
as far as I can glean if any detail on the ticket is wrong then it is invalid

Many councils have been trying to claim money knowing full well that tickets are unlawful....this particular snippet of info was on the radio

every 6 weeks or so on a Saturday evening from 10 -1am on Talk Sport radio the host, Mike Dicken, has two guests who devote a great deal of time to challenging tickets, and other matters to do with parking and speeding....well worth a listen

XXX

[joko]

Can you prove it was actually 6.02?
can you prove you were elsewhere at 8.02?

your word is not enough

[JudgeJ]

Beware of the info provided by Lou Knee. Since he refers to �councils� he may well be talking about parking tickets. Local Councils have no involvement with speeding penalties. The process under which they are enforced and the methods used to deal with disputes and appeals are completely different.

As dannydingbat says, and as I have reiterated, the only options you have at this stage are to accept the fixed penalty or refuse it and ask for the matter to be heard in the magistrates� court. The fixed penalty office will not entertain any argument or appeal from you. The �validity� of the fixed penalty offer is not for debate at this stage.

If you go to court your only option if you want to argue the case will be to plead not guilty. If you are found guilty at trial you will be liable to a higher fine than the �60 fixed penalty and will also be liable to pay a contribution towards the prosecution�s costs. I would suggest, before you decide on your course of action, that you consult a solicitor. Meantime do not forget to respond the request for the driver�s details!

[mm69]

Hi there,

I have received a Fixed Penaly Notice. I paid the fine and surrendered my licence on time. However, due to some inexplicable reason it was not received on time, the police acknowledged this. Nevertheless, I have been summoned to court. I don't understand why I have to go to court, any what action are they going to take?????