3 points or argue
Discussion
Recently got NIP for 48 in a 30 (roadworks dropping it from a national speedlimit dual carriageway) in Luton (Airport Way) by a portable unit - Although signs were up (they are no longer there), there was, as far as I can remember, no 'terminal' sign marking the start of the 30 (still isn't although the limit is I believe 40) and only small signs stating a 'temporary speed limit' in place. These temporary signs in daylight are black 30 in a black circle on a yellow background. To my knowledge, these are not legal signs.
So, with 3 points already on my licence from a gatso last year, do I just accept the new 3 points or is it worth arguing in court about the legality of the small temporary speed signs and the lack of terminal signs? I'd rather not have the extra points (Luton doesn't offer 'speed awareness courses') but it will cost me a lot more than the £60 to fight it.
So, with 3 points already on my licence from a gatso last year, do I just accept the new 3 points or is it worth arguing in court about the legality of the small temporary speed signs and the lack of terminal signs? I'd rather not have the extra points (Luton doesn't offer 'speed awareness courses') but it will cost me a lot more than the £60 to fight it.
catso said:
Argue it, some solicitors will give you a free consultation, If everyone fought it the system would collapse.
As I'm very close to the 28 days for accepting the 'Conditional offer of fixed penalty' is my 'normal' solicitor worth asking or should I try to contact a specialist - and if so, who is best to speak to?
From what you have posted circs your in between the devil and the deep blue sea.
From what you say it would appear that the signing for the limit was unlawful and therefore prosecutions should not take place.
But you say all has been removed so how do you prove it other than by you own verbals and this would have to take place at Court.
Can you get any independent witnesses - appeal through local radio and rags.
Any CCTV in the area?
If you do come up with some evidence to support you and decide to do battle do not forget to have a look at the Temporary Traffic Order for the roadworks and note distances mentioned and dates of validity. Sloppy signing may also reveal a sloopy Order and out of date.
dvd
From what you say it would appear that the signing for the limit was unlawful and therefore prosecutions should not take place.
But you say all has been removed so how do you prove it other than by you own verbals and this would have to take place at Court.
Can you get any independent witnesses - appeal through local radio and rags.
Any CCTV in the area?
If you do come up with some evidence to support you and decide to do battle do not forget to have a look at the Temporary Traffic Order for the roadworks and note distances mentioned and dates of validity. Sloppy signing may also reveal a sloopy Order and out of date.
dvd
cirks said:
As I'm very close to the 28 days for accepting the 'Conditional offer of fixed penalty' is my 'normal' solicitor worth asking or should I try to contact a specialist - and if so, who is best to speak to?
When I had to go to court for speeding, I contacted my 'normal' solicitor who doesn't actually do 'criminal' stuff but he referred me to another who did, I got the first consultation for free, otherwise, being a law-abiding citizen, I wouldn't have known where to start.
I'd contact your soloicitor and see if you can get a freebie, it would help you establish if you do indeed have 'a case' - some evidence of the signage would be useful.
Best of luck........
Pepipoo and Motorcycle News have helped many thousands of folks in the OP's position.
The scamerati will have sent you the NIP and COFP to you as Reg keeper.
Why not reply using the PACE S172 letter?
Then, if you get a summons, ask for the full-session video so you can see whether an initial impression of excess speed was formed before use of the equipment.
Then establish who formed the prior opinion. Was it a Police Constable? If not, the scamerati are not abiding by the law.
If you don't fight, you'll suffer.
If you do, thousands have won.
The scamerati will have sent you the NIP and COFP to you as Reg keeper.
Why not reply using the PACE S172 letter?
Then, if you get a summons, ask for the full-session video so you can see whether an initial impression of excess speed was formed before use of the equipment.
Then establish who formed the prior opinion. Was it a Police Constable? If not, the scamerati are not abiding by the law.
If you don't fight, you'll suffer.
If you do, thousands have won.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff