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Originally Posted by me283
I think another key word is "prosecution". How can it then be a civil offence?
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Because a civil offence, is still an offence, and therefore prosecutable.
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And as for being "proven" guilty, that was a farce in my case too. Also, the mere mention of a fine is surely wrong before guilt is established?
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I wouldn't personally say your case was a farce as such, but you were extremely hard done by as the fixed penalty people hindered your defence, and the judge sided with them, and not you. Had you known before hand, you would have been more prooactive and been able to provide your intended defence. You still have the right to appeal, but as your car was speeding, wether it was with you or someone else driving, unless you are willing to name the driver, you'll probably be better off just taking it.
I wouldn't say the mention of a fine is prejudical to you. It is intended to inform you of the possible consequences of your alleged actions. That is why fixed penaltys were devised, so people don't have to worry for months about their intended punishment, they know it well in advance.