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Speeding 52 in a 40

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josadler7 | 21:26 Mon 09th Aug 2010 | Law
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Hi

Please can someone help? I was recently served an Notice of intended prosecution for doing 52 mph in a newly introduced 40 zone,as far as I can tell it will be £60+3points although it could be 3 points +25-75% weekly salary. Thought I might send a letter – requesting mitigation, they recently lowered the limit by 10 mph and there are mitigating circumstances. Not sure how far I’ll get – could someone please advise if I should just pay up and take the punishment? or make my case?

Thank you in advance.

Jo
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As far as the people who send out the NIPs are concerned, you have only two courses of action open to you. You can accept the fixed penalty or you can go to court. Any letter you send to them will be taken as an indication that you've chosen the latter option. So you'll still end up with 3 points on your licence but you'll almost certainly have a bigger fine to pay, plus a £15 'victim surcharge', plus costs.

You're expected to read every road sign you pass. Even if the road had a 50mph limit on it when you travelled one way, but the council had put up 40mph signs when you came back a few minutes later, you'd still have no excuse for exceeding the new limit.

Chris
'Mitigation' can only be considered once you you have pleaded guilty. Might as well take the points and the £60.
Even if you could argue about a change in speed limit, which can't, you still broke the old limit and I don't think they would take any mitigation unless it was on purely compassionate grounds, life threatening, baby on the way etc.

As the other posters say its best to just pay up.
As an alternative to just 'rolling over', and as it is a 'newly introduced' speed limit you may wish to check that the traffic order authorizing the change is all in order. Go to your town hall and ask to see the relevant paperwork. These are public documents and should be available to any 'interested person'. If you intend to do this, do NOT treat this as a freedom of information act request. Another option may be open to you if the alleged offence was in Scotland
no mitigation possible. Take the fixed pen if offerred, no contest.
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Thank you all, good advice.

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Speeding 52 in a 40

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