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Variable Speeding Ticket - No limit stated
Sheedy
post Wed, 7 Feb 2018 - 13:47
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So today I received a variable speeding ticket;
Alleged date was a week ago (obviously cant remember what limit was stated overhead), I don't dispute at the date/time I was driving.

However, on the speeding ticket itself it states;
"For variable speed limit offences only, the speed limit at the time was mph"

There's no number,
If they cannot tell me/prove what the speed limit was at the time, how can they prosecute?
Do I have grounds to have this thrown out?

Any advice, previous experience appreciated.
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post Wed, 7 Feb 2018 - 13:47
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peterguk
post Wed, 7 Feb 2018 - 13:51
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They will know the speed that was measured and the limit, they just don't have to state it on the NIP.

The offence is exceeding the limit, the amount over the limit dictates the punishment.

You could try phoning them and asking.

This post has been edited by peterguk: Wed, 7 Feb 2018 - 13:52


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Sheedy
post Wed, 7 Feb 2018 - 13:55
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QUOTE (peterguk @ Wed, 7 Feb 2018 - 13:51) *
They will know the speed that was measured and the limit, they just don't have to state it on the NIP.

The offence is exceeding the limit, the amount over the limit dictates the punishment.

You could try phoning them and asking.


Ok, but if its a variable limits, who's to say the limit wasn't 60mph ('caught' at 58)?

And the NIP is a mistake, surely at least they have to tell me what limit I have exceeded.

The fact that its wrote on there backs that up.
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Jlc
post Wed, 7 Feb 2018 - 14:01
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At this stage they are asking for the name of the driver for an alleged offence.

What's the location as some camera's do take a picture of the prevailing limit displayed. Other systems are via log.

As noted, I'd call them and ask the question but nothing at this stage invalidates the process.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Wed, 7 Feb 2018 - 14:25
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Very often the limit and alleged speed is stated, but there is no legal requirement to do that, just to give notice that you may be prosecuted for exceeding the speed limit, the NIP part of the document, and they at the same time require you to name the driver, under s.172 RTA 1988.
You have no grounds to have this thrown out, as you put it.


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Sheedy
post Thu, 8 Feb 2018 - 01:31
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QUOTE (Jlc @ Wed, 7 Feb 2018 - 14:01) *
At this stage they are asking for the name of the driver for an alleged offence.

What's the location as some camera's do take a picture of the prevailing limit displayed. Other systems are via log.

As noted, I'd call them and ask the question but nothing at this stage invalidates the process.


On the M62, travelling from Leeds to Castleford.

They've not provided any limit display.
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Logician
post Thu, 8 Feb 2018 - 01:50
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QUOTE (Sheedy @ Thu, 8 Feb 2018 - 01:31) *
QUOTE (Jlc @ Wed, 7 Feb 2018 - 14:01) *
At this stage they are asking for the name of the driver for an alleged offence. What's the location as some camera's do take a picture of the prevailing limit displayed. Other systems are via log. As noted, I'd call them and ask the question but nothing at this stage invalidates the process.
On the M62, travelling from Leeds to Castleford. They've not provided any limit display.


Write, do not phone, and ask for any available photographs to assist in identifying the driver, do not mention the word 'evidence' which can bring the shutters down. obviously do this before identifying the driver, but it does not stop the clock running, you still have to reply within 28 days.



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Jlc
post Thu, 8 Feb 2018 - 08:35
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QUOTE (Sheedy @ Thu, 8 Feb 2018 - 01:31) *
On the M62, travelling from Leeds to Castleford.

They have HADECS3 on some parts of that road. If so, these cameras have an auxiliary capture of the displayed limit.

QUOTE (Sheedy @ Thu, 8 Feb 2018 - 01:31) *
They've not provided any limit display.

Nor do they need to at this stage as already explained. You could ask for photo to assist in the identification of the driver and they may provide the shot or simply ask them.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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