Free Traffic Legal Advice

As above.

In any event, nothing you have told us suggests any defence or reason for mitigation.

Hi,

Just a quick one - if there is no sign showing times of operation for yellow 'keep clear' zig zag lines outside a school, are they enforceable? To be clear I'm not wanting to park inconsiderately during school times, this is an area that has single yellow lines combined with yellow zig zags and I'd like to park overnight at the weekend, which is permitted by the roadside signage for the single yellows (restrictions 2pm-3pm Mon-Fri).

Here is the place in question https://maps.app.goo.gl/hLTWp8JSCLEmLbim8

Thanks!

AFAIK in the absence of a sign with times of operation, the prohibition applies 24/7.

Many thanks all.

I am indeed in receipt of a conditional offer having confirmed I was the driver.

I naively thought I may have a route to appeal short of going through the courts, but with a baby on the way and a house move I have no desire to do that so I better accept it.

It's a sickener as it is in my view a very minor offence with mitigating circumstances but I could live with having 6 points. I guess when you hear of drivers going through the courts it's when they are about to lose their licence as it's the only context in which it's worth it.

The whole point of a fixed penalty offer is to provide anyone accepting his guilt with a simple solution, avoiding court, and thus saving all parties considerable costs. It therefore does not cater for arguments or appeals.

Whether it was a "very minor" infraction is clearly a matter of opinion. You were 20% over the limit, and the courts' guidelines suggest a fine of half a weeks earnings.

OP, what is the "letter" you have now received? Is it a Single Justice Procedure Notice"? If it is, there is no point in contacting the police, as it's out of their hands. Please confirm, so that we can provide proper advice.

What do you mean with the sentencing. With a plea would it not just revert to the speeding offence fine and points.

Yes. But the fine would be income-related (less one third for a guilty plea) and subject to a 40% surcharge - certainly a lot more than the £100 fixed penalty. Plus prosecution costs c£90.

The court has discretion to sentence you at the FP level if it thinks it appropriate. There's nothing to be lost by asking (nicely).

Thanks,
so checking the date on the DVLA website states a V5 was issued the month we moved to our current address, suggesting its correct but we dont have one for this address and using this address on the DVLA website to request a new V5 results in an error. Using the old V5 with the incorrect address on it also results in an error but we get a little further.
I think we will need to contact the DVLA, find out the registered address and then see what, if anything has been sent there.

Whatever the outcome of that enquiry, the s172 request to name the driver remains valid: it is not subject to the 14-day rule. Do not fail to respond within the required timescale.

The council said it would "explore". Hold the front page!

The first thing you (or whichever of you the s172 request is addressed to) must do is to name the driver in each case. Failure to do so is a much more serious offence than the speeding. Since you genuinely do not know (and cannot work it out with the required reasonable diligence) then the usual advice is to nominate the most likely driver(s). The nomination must be unequivocal - no buts or maybes.

The only way to avoid points would be to refuse any offer of fixed penalties, and defend the charges in court. Since you seem to accept guilt, that would be a foolish and expensive decision.