3. Fixed Penalty
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Fixed Penalty
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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
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Re: Fixed Penalty
« Reply #1 on: »
Irrelevant.
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I am responsible for the accuracy of the information I post, not your ability to comprehend it.
Re: Fixed Penalty
« Reply #2 on: »
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.
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Re: Fixed Penalty
« Reply #3 on: »
Quote from: 541f on April 25, 2025, 04:38:43 pm
...so thinking to request CCTV to prove my point.
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)
« Last Edit: April 25, 2025, 05:10:20 pm by JustLoveCars »
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Re: Fixed Penalty
« Reply #4 on: »
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?

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Re: Fixed Penalty
« Reply #5 on: »
the time stamps correspond.
your recollection doesn't I'm afraid.
clearly you passed the overhead display showing 40
.
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Quote from: andy_foster
Mick, you are a very, very bad man
Re: Fixed Penalty
« Reply #6 on: »
Quote
it is not aligned to my recollection.

As a very famous lady once said: "Recollections may vary".

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What would you do in this situation accept or go to court?

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?
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Re: Fixed Penalty
« Reply #7 on: »
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
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Quote from: andy_foster
Mick, you are a very, very bad man
Re: Fixed Penalty
« Reply #8 on: »
Quote from: 541f on April 25, 2025, 05:47:09 pm
I am not sure what to do? What would you do in this situation accept or go to court?
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'.
« Last Edit: April 25, 2025, 07:00:55 pm by JustLoveCars »
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  3. Fixed Penalty