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#Post#: 68648--------------------------------------------------
Fixed Penalty
DIR By: 541f
Date: April 25, 2025, 10:38 am
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I have been given conditional offer of fixed penalty (3 points)
and £100 fine.
I drove 60 MPH at 40 MPH zone - I was driving on M1 at night,
the road was clear with little or no street lights, the [smart
motor way] sign of 40 MPH was visible on Hard Shoulder which I
noticed after camera captured the photo. It was not displayed on
other lanes, so thinking to request CCTV to prove my point.
I am thinking to challenge this due to the above reasons as well
as having no previous offences.
Any advised offered would be greatly appreciated
#Post#: 68650--------------------------------------------------
Re: Fixed Penalty
DIR By: andy_foster
Date: April 25, 2025, 10:48 am
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Irrelevant.
#Post#: 68653--------------------------------------------------
Re: Fixed Penalty
DIR By: 666
Date: April 25, 2025, 10:54 am
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Have you been provided with a photo showing the gantry? Does
that confirm that the only limit showing was above the hard
shoulder?
On a more general point, you cannot "challenge" the offer of a
fixed penalty. You can either accept it, or go to court. If you
were to lose at court, the cost would be nearer £1,000 than
£100, plus 4 to 6 points rather than the three now on offer.
Having no previous offences is utterly irrelevant.
#Post#: 68659--------------------------------------------------
Re: Fixed Penalty
DIR By: JustLoveCars
Date: April 25, 2025, 11:04 am
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--- Quote from: 541f link ---
>
> ...so thinking to request CCTV to prove my point.
>
--- End Quote ---
CCTV?
If it was HADECS3 then the auxiliary camera will have a shot of
the displayed limits on the gantry you had already passed.
Not sure what you mean by the sign was visible on the hard
shoulder - this was probably a single repeater after the main
gantry? What's the exact location?
As noted, not accepting the fixed penalty means it will go to
court. If you plead not guilty and maintain that plea then it
could be an expensive day out if convicted. Prosecution costs
alone, if convicted, are likely to be over £600. (And an
income-related fine, surcharge of 40% of that fine and 4-6
points or ban)
#Post#: 68672--------------------------------------------------
Re: Fixed Penalty
DIR By: 541f
Date: April 25, 2025, 11:47 am
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Thank you
I am attaching the evidence I can view online - It appears the
speed signs were displayed on all lanes, it is not aligned to my
recollection.
The location - M1 -4620B J35- J34 Southbound,
I am not sure what to do? What would you do in this situation
accept or go to court?
[attachment deleted by admin]
#Post#: 68677--------------------------------------------------
Re: Fixed Penalty
DIR By: mickR
Date: April 25, 2025, 12:09 pm
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the time stamps correspond.
your recollection doesn't I'm afraid.
clearly you passed the overhead display showing 40
.
#Post#: 68680--------------------------------------------------
Re: Fixed Penalty
DIR By: NewJudge
Date: April 25, 2025, 12:19 pm
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--- Quote ---
> it is not aligned to my recollection.
--- End Quote ---
As a very famous lady once said: "Recollections may vary".
--- Quote ---
> What would you do in this situation accept or go to court?
--- End Quote ---
That's a toughie! 8)
When deciding that, I think I would consider how long the
Magistrates might deliberate after they've seen he photographs
you posted on here followed by your defence which consists
basically of you saying you do not remember seeing the signs on
the gantry?
#Post#: 68685--------------------------------------------------
Re: Fixed Penalty
DIR By: mickR
Date: April 25, 2025, 12:31 pm
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think of it like this
judge. what's your defence?
541f. the gantry wasn't illuminated.
judge. have you seen the evidential photo showing the gantry
illuminated?
541f err yes.
judge. guilty
#Post#: 68690--------------------------------------------------
Re: Fixed Penalty
DIR By: JustLoveCars
Date: April 25, 2025, 12:59 pm
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--- Quote from: 541f link ---
>
> I am not sure what to do? What would you do in this situation
accept or go to court?
>
--- End Quote ---
Given the evidence shows your car passing a gantry lit up with
multiple 40mph signs I don't think you have a defence.
It is HADECS3 and the auxiliary shot buries your 'recollection'.
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