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Intention to Prosecute


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Hi my son just received the above letter from Essex Police.

 

Location was M25 Epping nr M/Post 5563b anti clockwise on a special road ( namley M25) between J23-27. at 12;42 on 4th May

 

he was doing 62 in 50.

 

He was driving and on his way to Luton Airport. I asked him about his speed and he said he was following the speed of other cars on the road. He also (assumed) that the M25 was a 70mph.

 

To be honest,do many of us actually check our speed if we know we are doing less than 70.Its not an area he knows, and also i know ive probably driven up that part of M25 but cant say i took notice of any signs on side of the road.

 

So any advice on what they might do. will it be points, D A C or a ban? he is worried due to driving a co van for a living.

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To be honest, yes I check. I'll drive past a sign saying 50 and ill do 50.

 

What to expect...

I think its in the market for a speed awareness course (subject to conditions)

Or 3 points n £100 quid

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Thanks, so does the SAC/DAC cost? i suppose they make thier minds up what they feel your punishment is.

 

know my local area A2 has a 50mph limit and often people go far faster. I know i follow traffic and most usualy do 52-56, yes there are a few that do way over that, but to a certain extent you have to keep up with other traffic.

 

I did lok up an RAC link i foudn on antoher thread on here and it did mention that as he was 12 mph over it could be a ban of 7-28 days :(

Hope not otherwise he could loose his job and he is still in training. :-(

 

So once he has filled in and sent off te Intention to Prosecute letter ( H084/18/0088 ) what happens next?

 

not that he has mentioned! think he was just trying to get to airport for a short break and obvs not thinking about the road. he had bene working way from home for 6 months so probalby has his mind elsewhere

 

His work van has a thing on it so he can only do a speed of XXX so i know its not an excuse but hes not driven his car for such a long time. he probably didnt realise

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The NIP (Notice of Intended Prosecution) will have been accompanied by a request to provide driver's details.

He must return this within 28 days (naming himself).

Failure to do so means he commits a more serious offence which would mean a court appearance, six points, a hefty fine and insurance grief for up to five years.

 

Once he's made the return he should be offered a speed awareness course provided he has not done one for an offence committed in the past three years. (These are offered up to 64mph in a 50 limit).

 

It will cost him about £100, half a day of his time but no points.

If he doesn't fancy that he will be offered a fixed penalty of £100 and three points.

If he declines that off to court he will go where it will cost him a whole lot more.

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Thanks Yes lettersent off same day he received it. Never committed any offence before.

 

Hopefulyl then they will give him the choice and im sure he woudl rather pay £100 and do a course rather than getr points on his licence

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they have giant overhead gantires withthe variable speed being enforced on them in lights about 6 feet high. Keep away from that argument unless you want to answer questions about driving without due care!

The speed awareness course is cheaper than the fine and actually worthwhile in content. Some insurers take a dim view of attending them when it comes to renewal time, others dont.

 

 

 

 

Hi my son just received the above letter from Essex Police.

 

Location was M25 Epping nr M/Post 5563b anti clockwise on a special road ( namley M25) between J23-27. at 12;42 on 4th May

 

he was doing 62 in 50.

 

He was driving and on his way to Luton Airport. I asked him about his speed and he said he was following the speed of other cars on the road. He also (assumed) that the M25 was a 70mph.

 

To be honest,do many of us actually check our speed if we know we are doing less than 70.Its not an area he knows, and also i know ive probably driven up that part of M25 but cant say i took notice of any signs on side of the road.

 

So any advice on what they might do. will it be points, D A C or a ban? he is worried due to driving a co van for a living.

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@ericsbrother,

 

 

 

thanks.

 

 

We have found a number and contacted them think its the highways agency who have given my son a reference number, they will check the date and time of the offence and see what the variable speed limit was at that time of day. Apparently, as soon as he spoke to them they knew it was re a ticket - sounds like they get quite afew calls. .

 

 

 

Both him and his gf say they did not see any lights on the gantry stating a 50 mph limit.

 

 

 

As they said as its a variable speed limit it changes depending on the traffic situation at different times of the day. Hopefully, we should hear something in the next few weeks.

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I had similar ticket a few years ago on another part of the M25. As part of challenging it I spent time researching the Regulations etc -

 

- Each overhead sign only control the lane immediately below it - not an adjacent lane, although they usually are all the same.

 

- The photograph contained information showing the speed set on the sign above the camera gantry.

 

- It also showed how long, in minutes and seconds, that speed limit had been switched on (presumably so as not to catch someone approaching as it lowered).

 

Post 5563b will be the gantry's "address" and marked on the left side support. That will help you identify the exact location and satisfy yourselves as to the sign's visibility approaching at expected speed (the basis of my challenge - I was on the nearside lane on a left bend and the overhead sign was obscured by road signs for much of the approach distance). But you can't stop to check it out - keep moving!

 

 

Not relevant but if you are wondering - the Magistrates eventually rejected my challenge after about 20 minutes deliberation in another room. They understood my points demonstrated with my own photographs taken from several passes in an open car, but in finding me guilty agreed my total penalty and points to be exactly the same as the Fixed Penalty. (No Speed Awareness Courses then)

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