Author Topic: Caught by a hand held camera  (Read 1257 times)

0 Members and 31 Guests are viewing this topic.

Caught by a hand held camera
« on: »
Hi there, I have just received a Notice of Intended Prosecution. I was caught by an officer with a hand held device who recorded me driving at 64mph on a 50mph dual carriage way. The officer was standing on a foot bridge over the road. Thanks!

Share on Bluesky Share on Facebook


Re: Caught by a hand held camera
« Reply #1 on: »
You will probably get more useful advice if you let us know what you would like support with/information on.

Re: Caught by a hand held camera
« Reply #2 on: »
Any particular question?

That speed will normally see you offered a speed awareness course (provided the offence was in England or Wales and you haven't done the same course in the previous three years), and/or a fixed penalty of £100 and three points (provided you have no more than eight points already).

Re: Caught by a hand held camera
« Reply #3 on: »
Thanks for the replies. I have 3 points already and completed a course in July 2021.
I wanted to know if there any challenges I can make to this notice?

Re: Caught by a hand held camera
« Reply #4 on: »
Quote from: Jo=topic=1181.msg13462#msg13462 date=1704727375

I wanted to know if there any challenges I can make to this notice?
Not from the limited information you've given us.

Anyway, you can't 'challenge' a Notice. All you can do at this stage is respond with the driver's name.

You will then get a Conditional Offer of Fixed Penalty (COFP). The only way you can 'challenge' the allegation is to forgo that offer and defend the charge in court.

Re: Caught by a hand held camera
« Reply #5 on: »
Quote
I wanted to know if there any challenges I can make to this notice?

You cannot challenge the notice. It is simply a notice informing you that a prosecution is being considered.

If you mean can you challenge any prosecution that might arise from it, nothing you have mentioned indicates that you can. But then you haven't really told us much. Do you suspect that there are any grounds? For example:

Are you the Registered Keeper of the vehicle concerned and if so was the notice served on you within 14 days of the alleged offence?

Do you suspect the speed alleged is incorrect and your actual speed was lower than 50mph?

Do you suspect the limit was not lawfully in force or not properly signed?

Perhaps you could help us out a little here. Meanwhile, don't forget that, whatever issues you might have with the speeding offence itself (or the notice), you must respond to the "Request for Driver's Details". This almost certainly accompanied the NIP and may even be printed on the same sheet of paper. Failure to respond in the 28 days allowed will see you commit a separate, more serious offence which, on conviction, carries six points and an endorsement code which gives insurers a fit of the vapours.

Re: Caught by a hand held camera
« Reply #6 on: »
Challenge is likely to only be incorrect signage or incorrect limit. The former is obvious from the road signage the latter you can check via the TRO. The slimmest of chance the reading was incorrect would require costs (to you) far in excess of the course/fine so am not suggesting you go there!

Name the keeper at the time and post back with any prospective defence for critique.

Re: Caught by a hand held camera
« Reply #7 on: »
Ok thanks everyone. It was the A41 so well known it is a 50 mph limit. My concern was how accurate a device can be given the operator was 100 feet in the air on a foot bridge.




Re: Caught by a hand held camera
« Reply #8 on: »
Ok thanks everyone. It was the A41 so well known it is a 50 mph limit. My concern was how accurate a device can be given the operator was 100 feet in the air on a foot bridge.
That could make his device underestimate your speed. Meaning you were actually faster thsn his measurement. To work out by how much you'd need to know how high he was above the aiming point on your car (100 feet sounds surprising) and how far away you were when he took the  measurement.
 

Re: Caught by a hand held camera
« Reply #9 on: »
You're too far past the limit for the angle to make sufficient difference.