Free Traffic Legal Advice

There is an average speed camera setup on the A40 at that location. There will be no video.

Simple, just ignore the COFP. Eventually you will be summoned to court, at which point you will have the opportunity to variously pick holes in the prosecution's case or present a positive defence.

Obviously, it would be beneficial to find some holes in the prosecution's case or some legal defence...

I would like to dispute this charge. Please can you advise me on how to go about doing this.

As above, disputing it is simple. The difficult bit comes after the police have presented their evidence to the court that you had exceeded the speed limit.

Average speed camera systems are very accurate. They take two timed photographs of the vehicle and the distance between the two cameras is known. So with the time and the distance known it is a simple calculation to determine the vehicle's average speed over the stretch. If your average speed was above the limit, you must have exceeded the limit in either all or part of the stretch.

So when the police have done their bit, what are you going to do to counter their evidence?

Failure following a trial is costly. You will pay an income-related fine of half a week's net income, a surcharge of 40% of that fine and prosecution costs of around £650. So an income of £500pw will see you pay £1,000. 

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I would like to dispute this charge. Please can you advise me on how to go about doing this.

As above, disputing it is simple. The difficult bit comes after the police have presented their evidence to the court that you had exceeded the speed limit.

Average speed camera systems are very accurate. They take two timed photographs of the vehicle and the distance between the two cameras is known. So with the time and the distance known it is a simple calculation to determine the vehicle's average speed over the stretch. If your average speed was above the limit, you must have exceeded the limit in either all or part of the stretch.

So when the police have done their bit, what are you going to do to counter their evidence?

Failure following a trial is costly. You will pay an income-related fine of half a week's net income, a surcharge of 40% of that fine and prosecution costs of around £650. So an income of £500pw will see you pay £1,000.

This is salcat. Thank you for your feedback. I take it my chances of disputing this charge are prety slim, unless there have been cases that were successful which I can rely on in my defence?

You have no mentioned anything which suggests you may have a defence to this charge. So let's start from basics: were you exceeding the speed limit?

I believe I was not exceeding the speed limit. I don't have a proof to support my claim. They have not provided me with their video evidance either. You also previuosly mentioned that the verage speed camera systems are very accurate. So what are my options in defending it?

They have not provided me with their video evidance either.

You won't get any, with the SPECS average system they take a photos of the vehicle as it passes two known located points, there is no video to provide.