Motorway SCam - not visible

[shotokan]

I was heading past a junction today to a meeting, doing the usual routine of bridge watching. There were no visible SCAMs on the journey East (I MAY WELL have been exceeding the limit at the time...)

Coming back (cruising at 70mph so no problem) I noticed a SCAM van parked on the very end of a bridge, where it may not have been visible from the other direction. Could cause me a big problem on the outward journey if it was there earlier in the day when I passed by (not sure, though it DEFINITELY wasn't visible from the road)

A friend tells me that I could successfully defend a NIP on the basis that the thing wasn't visible and thus incorrectly sited. Is this true? Any case law out there?

Hate the thought of nail-biting for 2 weeks or so...any advice gratefully received.

[PhantomPH]

Cannot answer, but I would have been tempted to get a picture of it in it's 'hidden' location (even just on your phone) so if you did decide to mount a case, you had eveidence.

P~

[puggit]

Don't be daft!

[trev r]

All the stuff that makes speed cameras seem reasonable are just guidelines, e.g. highly visible locations.

If you use it in court as a defence, expect a chorus of sniggering.

[echo]

shotokan said:

Hate the thought of nail-biting for 2 weeks or so...any advice gratefully received.

Sorry - couldn't resist

[turbobloke]

Echo's advice may be right Location / visibility and other related stuff are no defence at all. Hope you're in the clear, mind.

[deva link]

I got done in Cheshire by the operator standing with a tripod mounted unit off to the side a footbridge - I was driving towards the sun (but not dazzled by it), he was in dark clothing (no hi-biz jacket) and standing with some trees behind him. He was all but invisible.
I've seen them in the same location, but standing underneath the bridge, so they're in its shadow.

After I got done (85 on brand new, no traffic blah blah dual carriageway) I wrote out a very snotty letter to the chief constable but thought better of actually sending it - I don't really want to stopped *every* time I go out.

[bluepolarbear]

shotokan said:

A friend tells me that I could successfully defend a NIP on the basis that the thing wasn't visible and thus incorrectly sited. Is this true? Any case law out there?

He is wrong. There is no legal requirement for them to be signed or seen. It is all spin.