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speed van radar
corruptedsystem
post Fri, 10 Jan 2020 - 19:58
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hi
i was allegedly caught doing 38 in 30 by a speed van using the ultralyte 1000 20/20

this was from a distance of 106 metres

i am completely sure this is a mistake and a false reading

so far i have received a single picture showing my car with a speed of 38mph and a distance mentioned of 106 metres i presume this is distance the van was from me?

i intend to fight this all the way but need a bit of help please if a kind soul can advise me on the following?


will there a be video of me driving and if so how can i obtain it?

the speed van was parked right under a speed warning radar would i have a case to argue that the two radars firing their beams at the same time would cause an error?










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post Fri, 10 Jan 2020 - 19:58
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southpaw82
post Fri, 10 Jan 2020 - 20:05
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You will likely only get the video if you can convince the court that it should be disclosed as it will assist the defence or undermine the prosecution. How will you do that?

You were caught by a laser device, not radar, so there were not two radars to interfere with each other.


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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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Jlc
post Fri, 10 Jan 2020 - 20:35
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QUOTE (corruptedsystem @ Fri, 10 Jan 2020 - 19:58) *
so far i have received a single picture showing my car with a speed of 38mph and a distance mentioned of 106 metres i presume this is distance the van was from me?

Let's see it then?

QUOTE (corruptedsystem @ Fri, 10 Jan 2020 - 19:58) *
i intend to fight this all the way but need a bit of help please if a kind soul can advise me on the following?

How much are you prepared to spend?


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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NewJudge
post Fri, 10 Jan 2020 - 20:45
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QUOTE (corruptedsystem @ Fri, 10 Jan 2020 - 19:58) *
i intend to fight this all the way but need a bit of help please if a kind soul can advise me on the following?


First of all, regardless of any issues you have with the signature offence (speeding) you must respond to the request for driver's details by naming yourself within the 28 days allowed. Failure to do so will see you commit a separate more serious offence.

When you say "all the way" you need to be clear what that will mean. You will have to decline the offers of a course or fixed penalty, plead Not Guilty when you receive your "Single Justice Procedure Notice" (in probably about six months time) and face a trial in court. There the prosecution will produce evidence to show that you were detected speeding by an approved device operated in the correct manner. That will be enough for the court to convict you unless you can prove otherwise. So, you will have to show that the reading cannot be relied upon to prove that you were travelling over the speed limit (not that you were travelling at 38mph). So, will you be able to do that? You will probably need expert help for which you will have to pay.

The cost of failure is high. You will pay a fine of half a week's net income, a surcharge of 10% of the fine (Min. £32) and prosecution costs of at least £620 - possibly more if the prosecution has to enlist expert help to counter yours. You will also receive three penalty points.

Since you are sure this reading is a mistake, how fast were you travelling at the time?

This post has been edited by NewJudge: Fri, 10 Jan 2020 - 20:45
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Jlc
post Fri, 10 Jan 2020 - 20:52
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Also, how do you think a video will help you? The speed measurement was effectively instantaneous - any calculations from the footage are notoriously difficult (and probably fruitless).


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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cp8759
post Sat, 11 Jan 2020 - 16:11
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QUOTE (NewJudge @ Fri, 10 Jan 2020 - 20:45) *
The cost of failure is high. You will pay a fine of half a week's net income, a surcharge of 10% of the fine (Min. £32) and prosecution costs of at least £620 - possibly more if the prosecution has to enlist expert help to counter yours. You will also receive three penalty points.

It's worth adding that involving experts can make costs escalate out of all proportion, see for example these cases

https://www.bbc.co.uk/news/uk-wales-32733002
https://www.bbc.co.uk/news/uk-england-heref...cester-49641063


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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