Speeding ticket in error
Discussion
So got a notice of prosecution for speeding through the post. The wife has been caught by a scamera van doing 47 in a 40 so it will likely be a FPN. However she says saw the van and was doing only 30-35 at the time, her sister who was with her agrees on this. They both say a car went past in the opposite direction at the same time at speed. Do we just accept it or take it to court?
If they're right the video should support them. I don't know if it's worth declining the FPN and providing a written explanation at the sane time with a witness statements from those present at the time.
If it goes to court, the job would be to introduce reasonable doubt over the accuracy of the ping (though it will depend on how hard faced the magistrates you faced were as to how easily that might be done).
If it goes to court, the job would be to introduce reasonable doubt over the accuracy of the ping (though it will depend on how hard faced the magistrates you faced were as to how easily that might be done).
I don't know what the range limitation is of a radar van, but I do know they usually are measuring/prosecuting a lot earlier down the road than most think. In other words, by the time the van is generally noticed, it's far too late.
So the point where the OPs wife was doing 37 may well be well after the van has captured her doing a naughty speed.
So the point where the OPs wife was doing 37 may well be well after the van has captured her doing a naughty speed.
Had a similar scenario with my wofe recently. Camera van said 67 mph, she insisted she was doing 60mph and son in car agreed (he is a driver too).
Deceided that it would be very hard to prove camera van wrong and a high risk strategy. So we paid £80 and she did a speed awareness course.
She is still cross though
Deceided that it would be very hard to prove camera van wrong and a high risk strategy. So we paid £80 and she did a speed awareness course.
She is still cross though
guns80 said:
Is there a way of seeing the evidence, pictures or video before we make a decision? A friend mentioned a website but I've never heard of this.
You can ask to see the photos and/or video (phone or write) and many forces will provide them, but they're not obliged to do so at this stage. It should be easy to tell whether the ping came from a car going in the opposite direction - the reading will show "47" or "-47" depending on the direction of travel.Note that if you have not yet named the driver you must still do so within 28 days - asking for photos doesn't stop the clock, even if you don't get a reply.
10 Pence Short said:
Is a practical way of seeing the video, to tell them you are not sure who was driving at the time and do not want to name the wrong driver, and can you see the video to help them properly disclose that information?
They usually send some stills if you ask them this question.From memory, the hand-held radar guns have a range of 999m, since that's as far as the counter goes up to. They'll usually aim right at their limit of vision to give them more opportunity to get a good fix on anyone that's speeding.
ging84 said:
when you're a front seat passenger don't you tend to keep an eye on the speedo ? I do
and i certainly would have a glance when spotting a speed camera
I never bother looking at the speedo from the front passengers seat unless we're traveling at a seriously slow or high speed. It's of no concern to Me as I'm not the driver!and i certainly would have a glance when spotting a speed camera
TBH, if I had a front seat passenger who kept looking across at the speedo all the time then I'd probably get a bit irritated by it!
guns80 said:
In this case they saw the scamera van and looked at the speedo. Something which I have a tendency to do also.
At the point of seeing a camera van then I would mention seeing it and might look at the speedo (especially if I thought we were traveling too fast - But as others have posted, by then it's probably too late already!), but I don't habitually look at the speedo from the passengers seat all the time as it seems some others do. If I had a passenger looking at the speedo every few minutes then I'd eventually have to ask if there was a problem as it would start annoying Me!
4rephill said:
ging84 said:
when you're a front seat passenger don't you tend to keep an eye on the speedo ? I do
and i certainly would have a glance when spotting a speed camera
I never bother looking at the speedo from the front passengers seat unless we're traveling at a seriously slow or high speed. It's of no concern to Me as I'm not the driver!and i certainly would have a glance when spotting a speed camera
TBH, if I had a front seat passenger who kept looking across at the speedo all the time then I'd probably get a bit irritated by it!
guns80 said:
So got a notice of prosecution for speeding through the post. The wife has been caught by a scamera van doing 47 in a 40 so it will likely be a FPN. However she says saw the van and was doing only 30-35 at the time, her sister who was with her agrees on this. They both say a car went past in the opposite direction at the same time at speed. Do we just accept it or take it to court?
Go to court then if you feel you are right & they are wrong. However, they should (will) produce a picture like the one below that the van took when you were 'allegedly' pinged if its your car then its £100 + costs & you get at least 3 points. At 47mph thats well within the limit for SAC assuming you have not had one in the last 3 years and is offered in the area where she was caught. Think about it - the CPS won't prosecute if the evidence points to another car nor would you have got the NIP, so I would suggest your wife was mistaken about her speed - although mistakes do happen....I however got royally raped for 86 in a 50mph zone. 5 points & £1000 fine!
Edited by shep1001 on Sunday 27th April 14:32
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