I received a Notice Of Intended Prosecution for allegedly doing 37mph in a 30. After viewing the photographic evidence and knowing the road really well identified that I was still in the 40mph zone when the picture was taken. So I sent back the NIP on 13/7 confirming i was driving and included a letter and photographs to prove my point about being in a 40. I've heard nothing since and its been nearly 3 weeks. Anyone any idea how long it normally takes from sending it back to receiving fine? Failing that they've accepted i'm not a dumb as most people who just pay
Your experience has some similarities to what happened to my other half the weekend before last. She also received a letter of intended prosecution for doing 47mph in a 40. Because the area is unfamilier to us we could not doubt the figures but thought at the time the speed limit was not being breached.
The prosecution letter came from Nottingham. The area we were travelling on was the A616 towards Ollerton. We know there are some speed restrictions along this route but thought we were on a 50mph stretch. I wish I knew that road else like you I could have questioned it.
I assume that you have not accepted the provisional offer of a fixed penalty which should have accompanied the request for the driver's details. If this is the case the prosecuting authority (usually the local Safety Camera Partnership) has up to six months from the date of the offence to summons you to court.
They do not usually consider any representations you make when responding to the request for driver's details. Unless it is shown that there has been an abuse of process then the matter will almost always result in a court summons. The idea of a fixed penalty is that in return for not disputing the facts a court hearing is avoided and a lower penalty than may be available to the court is accepted. If you dispute the facts that is a matter for a court to resolve..
sarah are you sure they haven't changed the speed limit? On a road near me you move from a 30mph limit up to a 40mph limit for about a mile and then back down to a 30mph again. A few weeks ago, they took down the 40 sign so the whole stretch is now 30mph.
Having to appear in court can be not only unnerving but also an inconvenience. You do seem to be 100% certain of your facts re the 40mph zone, so sit tight and do nothing. If/when summoned, appear in court and produce your evidence. Then prove your innocence and ask for costs.
Actually, sp, sarah has to prove nothing. It is for the prosecution to prove the matter beyond reasonable doubt. In this particular case they will have to produce evidence to show that the speed limit was 30mph at the location in question and that the driver was exceeding that limit. If they do both those things I don't think sarah will have much of a defence.
If she is acquitted she cannot claim her legal costs but the Bench may award her reasonable travel expenses.