Question

 

Just over two weeks ago i was riding down a two lane A road in HULL...a

road that i know well. It has a 30 MPH speed limit along its length and has a couple of speed cameras. I knew were the cameras are so as i was approaching them i was keeping a

close eye on my speed making sure i was doing less than 30 MPH. As i passed

them a young woman in a car overtook me in the offside lane doing 35+ MPH

and triggered the camera to flash just as she was alongside me.

 

I remember saying to myself at the time i hope that camera caught the right one for speeding. Luckily i had my own camera on me and i followed the woman until she stopped at the next set of lights and i took a couple of photos of the back of her car with the registration plate visible just in case. I then went back to the speed camera and took some more photos of the area around the speed camera, once again just in case. I then came home and thought no more about it, until to my surprise a letter of intended prosecution for speeding on the above mentioned road was posted through my door.

 

Honestly guys i know i was not speeding and i can only think that I’m in the photo alongside the woman who was speeding in the car that overtook me. Any advice of how i stand (I still have the photos i took stored on my camera) and what i can do to defend myself would be very much appreciated.

 

James, Swanage

 

Answer

 

I assume the NIP was issued within 14 days of the alleged offence (which it has to be to be valid). I think you should defend this although ultimately the Magistrates would need to be convinced by your explanation and your evidence. Clearly your story would be given more weight if the speed camera photographs (request sight of them) show the car as you claim. If the photographs do not show the car then a defence is obviously less likely to succeed. You should consider seeking

legal representation and you may have cover for this (criminal or driving offence representation) attached to your insurance. It may well be that the case against you is dropped prior to court. If not, and you succeed with your defence, then you would be entitled to get an order for costs from the Magistrates and claim your legal costs from the court.