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Speeding due to ignorance-please advise
Anish
post Sat, 9 Jul 2011 - 17:07
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Hi all,

I was doing 60mph on a 40mph road and was caught by a police enforcement van. However I was not familiar with the area and it was a dual carriageway with no residents and buildings and literally every car was speeding. I assumed the normal rules applied and that I was entitled to drive upto 70mph.

There was no enforcement sign on the road and a speed limit sign only became visible shortly after I passed the police van.

The fact that the road was a dual carriage way was the only reason I even decided to drive that fast.

Do I have a credible case when trying to dispute the case or are my chances of winning slim?

Please advise...........
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post Sat, 9 Jul 2011 - 17:07
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jobo
post Sat, 9 Jul 2011 - 17:09
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were there signs advising of the 40 limit


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jobo

anyone but Murray, Wish granted for another year,
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southpaw82
post Sat, 9 Jul 2011 - 17:09
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No enforcement signs are required. Where exactly were you caught? Had you passed a pair of 40 mph speed signs?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Anish
post Sat, 9 Jul 2011 - 18:08
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The 40mph speed limit sign was posted about 5 metres behind where the enforcement van was located so became visible only when I was 20m away from the sign and 15m away the enforcement van. I immediately braked when I read the sign and by the time I had reached the enforcement van I was travelling at around 38mph so I assume the van had captured my speed when I was quite far away.

I personally felt it was really unfair and devious for them to be placed in that position but I do not know whether there is any point in trying to appeal as the speed I was doing was well above the limit.
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jobo
post Sat, 9 Jul 2011 - 18:12
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that doesnt make sense, the signs have to be at the start of the limit


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jobo

anyone but Murray, Wish granted for another year,
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Gan
post Sat, 9 Jul 2011 - 18:27
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Are you claiming that you were still outside the 40 mph limit when you were pinged or that you were just leaving it?

Ask for any photos "to identify the driver" so that you can get an accurate fix on the location.
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Anish
post Sat, 9 Jul 2011 - 20:33
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I joined the dual carriageway from a motorway so I assumed that the same speed limit applied i.e. 70mph on the dual carriageway.
The NoIP states that I was doing 60mph on a 40mph road so I assume that the speed limit was 40 on the road throughout even though there was no sign until after where the officer was parked.
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jobo
post Sat, 9 Jul 2011 - 20:53
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so the question would seem to be,,,,, were there 40 signs when you came on to the dual carriageway


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jobo

anyone but Murray, Wish granted for another year,
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The Rookie
post Sat, 9 Jul 2011 - 21:29
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Perhaps if the OP can tell us WHERE we can look on street view!

Simon


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johnjo42
post Sat, 9 Jul 2011 - 23:34
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QUOTE (Anish @ Sat, 9 Jul 2011 - 21:33) *
I assumed that the same speed limit applied i.e. 70mph on the dual carriageway.

A good rule of thumb is never to assume anything
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southpaw82
post Sun, 10 Jul 2011 - 15:52
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QUOTE (The Rookie @ Sat, 9 Jul 2011 - 22:29) *
Perhaps if the OP can tell us WHERE we can look on street view!


Exactly, he's been asked twice now. Of course, if he'd filled in the NIP Wizard we'd already know.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Ocelot
post Sun, 10 Jul 2011 - 19:33
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QUOTE (Anish @ Sat, 9 Jul 2011 - 19:08) *
I personally felt it was really unfair and devious for them to be placed in that position


They have even been known to hide cameras in horseboxes!

http://news.bbc.co.uk/1/hi/wales/7322582.stm
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