Variable Speed Limit (M25) 40MPH !, Can I appeal or defend this ? Options

[Longroadhome]

Hi,

Can anyone help / advise on the following please ?;

Offence: Exceed a variable Limit
Location: M25 Craham JCN 29 & 28 (18:39) (MID FEB 18)
Speed of Vehicle: 51mph - variable speed limit 40

What I believe MAY be my mitigating circumstances.

1. The variable limit imposed was way out of character with the type of road and traffic flow at the time. (M25 at least 4 lanes and traffic was free flowing?!)
2. I make this journey twice a day everyday and it is usually a different speed limit
3. The variable speed signed although bright are not always clear in dark (some look like 60 and are 40 and visa versa). (not my eyes as tested and are fine apparently).
4. In conjuntion with point 3 above - It was of note that the variable speed limit seemed to change from 40 to 60 and back again in quick succession over fairly short distances (is this fair and reasonable on the motorist?)
5. Shouldn't the cameras be labelled 'GOVERNMENT ATM MACHINE' ?

QUESTIONS PLEASE;

A. Excluding point 5 above, on the limited info I have provided, do I have any sort of a defence and if so, how do I go about it (e.g. covering letter upon fixed penalty notice) ?
B. Based on the limited info I have provided would it be best for me to just take my medicine and take the points and pay the Government

Brand New to this forum, but any help / pointers greatly appreciated. (I do a lot of driving for work and already have 3 points hence thought worth looking into).

Thank you all for your time in advance.

All the best

R

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[peterguk]

Can't see any defence so far.

There is a minimum time period before enforcement starts following a speed limit change (10 seconds IIRC).

[Longroadhome]

Thanks Peter.

I will look into your comment below further;

"There is a minimum time period before enforcement starts following a speed limit change (10 seconds IIRC)"

Best regards

R

[The Rookie]

1. Not relevant, you don’t know why it was set, maybe an incident just off carriageway, maybe a hold up further ahead
2. Again, not at all relevant
3. Not clear at a distance, certainly clear when you get close, if genuinely never clear suggests you have an issue.
4. Not relevant.
5. Nope, maybe society cash redistribution, I’m now better off!

[Logician]

Based on the limited info I have provided would it be best for me to just take my medicine and take the points and pay the Government

Yes, no trace of any defence in what you have said, but you may not have to take the points, you are just within the range for which a course is usually offered, provided you have not done one for an offence in the 3 years before the current one.

[Longroadhome]

Logician / Rookie,

Thanks for taking the time to look at my query for me - appreciated.

Guess it’s best I fill in the form and pay the fine etc!

I did a speed awareness course a couple of years back so don’t think i’ll be eligible for another at this stage.

I do the same m25 stretch daily and the variable speed limits seem to change quite a bit daily, the 40 mph ones sometimes seem ridiculously and dangerously slow given the limited traffic, type of road and conditions etc. This isn’t an excuse but after a hard day at the office and a long drive it’s so easy for your mind to wonder and then..camera flash..! I accept it is the same rules and laws for everyone but it seems like this country is determined to penalise those who are doing their best to simply earn a living.

One other thought which I’d be interested to know your views on - should a driver that is consistently on the road longer each day / week have a higher penalty points limit compared to a driver who is on the road much less? (Law of percentages). I know the simple answer in a perfect world is - don’t speed and you won’t get any points! But...

Regards
R

[NewJudge]

One other thought which I’d be interested to know your views on - should a driver that is consistently on the road longer each day / week have a higher penalty points limit compared to a driver who is on the road much less? (Law of percentages).

No.

How is that justified? "I drive a lot so I should be allowed to commit more offences than those who drive less".

Then the practicalities. How would such a scheme be administered? How would a driver prove his mileage to get the higher allowance? What is to prevent him falsifying his records? How would a court know whether or not he faces a "totting up" ban? The problems are endless, many insurmountable.

But I think the biggest disadvantage to such an idea is that it is fundamentally unjust. If anything there is an argument that those driving a greater mileage should be allowed to commit fewer offences. If the number of offences is a product of their mileage they clearly are not competent drivers.

This post has been edited by NewJudge: Thu, 22 Feb 2018 - 22:51

[Longroadhome]

Lorry driver or cabbie versus Mavis’ weekly shop

[peterguk]

Lorry driver or cabbie versus Mavis’ weekly shop

Treat all three exactly the same.

[Longroadhome]

Hours on road per week;

Lorry driver and Cabbie (actively earning a living driving) - 40 to 50 hrs per week

Mavis (retired) to / from Supermarket - 0.75 hrs per week

Penalty points before licence is stipped - same for all of the above ??!!

[peterguk]

Hours on road per week;

Lorry driver and Cabbie (actively earning a living driving) - 40 to 50 hrs per week

Mavis (retired) to / from Supermarket - 0.75 hrs per week

Penalty points before licence is stipped - same for all of the above ??!!

Absolutely!

[southpaw82]

Knock it off. Go rant at your MP, not here.