Free Traffic Legal Advice

Good morning,

I have been named as a driver at the time of the alleged offence of exceeding 30 mph limit on a restricted road.

I wrote to the unit issued the NIP to ask for evidence to be able to establish some fact. I have not filled the NIP, just send them a letter of enquiry/request of evidence. I am not sure if I was the drive, also I doubt the vehicle ever exceeded the determined limits as it travel on a cruiser most of the time set for the road speed limit.

I received a response through the post yesterday, only with a few photos of the vehicle, which does not help to determine the exact location of the vehicle on the road mentioned. However, it is necessary to know exactly at what location of the aforementioned road it is, as this is a road stretches for miles, and there has been a change of driver.

From the images of the car shared with me a it came to my attention that the car is not on a straight stretch of a the road but on the bend. In my understanding, accurate speed readings are most likely on straight stretches of road where the vehicle's motion is consistent and predictable. The car being on the bend will a compromising factor on the accuracy. Only one of the images have date time and speed printed on it, but the other two images do not have any details. I would expect at least the time stamps on each photo, as the speed is calculated by the distance travelled over a period of time. By not showing the time stamp accurate to 1 sec, it strengthens my opinion that the reading is inaccurate.

In addition, they deny to provide the equipment details and calibration history used to record the speeding offence.

The letter says 'The equipment which detected the alleged offence is the subject of an annual calibration check and associated certification. Prior to commencing operations the officer undertakes an equipment check to confirm it is operating correctly and efficiently. At this stage of your case it is not appropriate for this office to produce the  evidence of the certificate. This can be made available to yourself at the court.'

Having a little research online, it says 'You can request the calibration certificate for the device used in your speeding case. The police are not obligated to disclose this evidence until the case goes to court, but they are required to provide it if requested.'

I requested the calibration certificate for the device but denied. Can they legally refuse to provide a crucial evidence to me before the court, or are they being evasive?

I am strictly asked to return my NIP to them within 14 days.

I attached the correspondences to provide you with relevant information and can be accessed using the links below.

I would appreciate your advice and guidance on how to respond.



Kindest regards

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Long story short, the police don’t have to give you anything at this point.

I received a response through the post yesterday, only with a few photos of the vehicle, which does not help to determine the exact location of the vehicle on the road mentioned. However, it is necessary to know exactly at what location of the aforementioned road it is, as this is a road stretches for miles, and there has been a change of driver.

The given road is a number of miles but you state it is further qualified as a restricted (30mph) section.  This reduces it to quite a small stretch, especially given the photo shows a dual-carriageway.

If you do not provide the relevant information then they are likely to prosecute for a s172 offence (6 points if convicted).

Thank you very much all the responses. I will fill in the form s172 and send it off to them.
However, I am quite adamant that the speed they claim I was making is not accurate. How can I get more information from them, is court the only place they will present the evidence? Would they not provide me with the evidence of the maintenance certificates and calibration testing documents of the device used, as well as the training and qualification of the officer who operated the device, along with the testing than on the day to determine that the device was operating accurately on the day.
I am a very diligent driver, and never speed. I am OFTEN pressurised by the drivers of other vehicles to speed up and tailgated, as I sternly keep at 30 on 30 road 20 on 20 road etc. I am not trying be evasive at all, yet trying to get all the facts straight.
Thank you all very much for your time and advice.
Kind regards,

However, I am quite adamant that the speed they claim I was making is not accurate.

You can either take the course that ought to be offered at a cost of around £100 and a few hours of your time (assuming you haven't done one in the last 3 years, and don't dally around or mess them about). Or you can take it all the way to court at whatever it costs you to get expert witnesses to challenge the accuracy of the reading, followed by the probable quite large cost to you in fine and prosecution costs should you lose.

Your choice. Pride or pragmatism?

You appear to be going faster than the vehicle in the inside lane. So unless they are travelling significantly under the speed limit, that you probably were above it.

Have you responded to the "Request for Driver's details" yet?