Author Topic: Speeding 60mph in average speed check 50mph  (Read 727 times)

0 Members and 36 Guests are viewing this topic.

Speeding 60mph in average speed check 50mph
« on: »
Hi everyone, hope you are well and very grateful for any advice on my case.

Many of you will be aware of the roadworks on the A3/M25 around Wisley that have been dragging on for a number of years and probably several more.

I was driving with my pregnant wife who needed the bathroom through the "roadworks" and got caught  allegedly doing 60mph in a 50mph zone.this was recorded over the course of one minute between the two cameras.

I drive through this section every weekend and the cameras are never operating. This alleged offence happened midweek during rush hour so I guess they have them on at that time.

I already have 3 points on my licence with those due to expire end of next year. I'm just getting a bit paranoid about stacking them up with a baby on the way. I also feel (but recognise the letter of the law) it's a very minor offence to get 3 points and a £100 penalty for.

I don't seem to have any option to appeal in writing strangely, the letter just speaks of paying up or going to court - can that be right?

It's with Surrey Police. The notice number is 0453051056561220. Happy to post the attachments or however is best to provide the evidence.

Thank you and best wishes

Share on Bluesky Share on Facebook


Re: Speeding 60mph in average speed check 50mph
« Reply #1 on: »
I don't seem to have any option to appeal in writing strangely, the letter just speaks of paying up or going to court - can that be right?

Yes.

What is it you want help with?
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Speeding 60mph in average speed check 50mph
« Reply #2 on: »
Quote
I drive through this section every weekend and the cameras are never operating.

How do you know that?

Quote
I don't seem to have any option to appeal in writing strangely, the letter just speaks of paying up or going to court - can that be right?

Yes it is right. It is not like a parking offence. It is a criminal matter and you cannot “appeal”  a speeding allegation made by the police. If you don’t want to accept their out-of-court offer they will prosecute you. They will produce evidence to show that you exceeded the speed limit and, if you plead not guilty, you will have to counter that. The cost of failure is high. If you are convicted following a trial you will be lucky to see any change from £1,000.

What stage is this at? Have you named yourself as the driver and subsequently received a “Conditional Offer of a Fixed Penalty” (£100 and three points)?

Re: Speeding 60mph in average speed check 50mph
« Reply #3 on: »
I also feel (but recognise the letter of the law) it's a very minor offence to get 3 points and a £100 penalty for.
Enforcement begins at 57mph.  It's a minor offence but you won't escape it.

Re: Speeding 60mph in average speed check 50mph
« Reply #4 on: »
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.

Re: Speeding 60mph in average speed check 50mph
« Reply #5 on: »
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.

Re: Speeding 60mph in average speed check 50mph
« Reply #6 on: »
Hi everyone, hope you are well and very grateful for any advice on my case.
How do you know that? Do you regularly speed through that section? Be warned, since last weekend's rejig of the layout, there's now a stretch of 30mph limit.