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Speeding camera dispute, Can I dispute the recorded speed?
Bert camembert
post Sat, 25 Jun 2022 - 11:23
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Hi all, appologies for the hashed nip wizard post earlier.

My situation is I've received an NIP claiming I was traveling at 51 mph as I passed by a speeding camera in a 30mph zone.

My vehicle a large sluggish old van I feel would be incapable of attaining that speed given the road layout,
Top speed is around 60 mph on a motorway, as hard as I try I don't think I've joined a motorway at a speed of over 50mph
as it takes so long to accelerate.

The camera is situated along a 4 lane stretch of urban/city road, could it have been another vehicle that triggered the camera but was then obscured by by van?

Can I appeal this?

Any advice would be greatfully recieved.
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post Sat, 25 Jun 2022 - 11:23
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IanJohnsonWS14
post Wed, 6 Jul 2022 - 12:49
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The course/fixed penalty route is for those who accept their guilt and choose not to go to court.

Those who accept guilt when not guilty are only penalising themselves. Presumably they are habitual speeders or there would be more threads like this one.


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Speeding tickets, like lottery tickets, are a voluntary tax. You don't have to get them.
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cp8759
post Wed, 6 Jul 2022 - 13:28
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QUOTE (IanJohnsonWS14 @ Wed, 6 Jul 2022 - 13:49) *
The course/fixed penalty route is for those who accept their guilt and choose not to go to court.

Those who accept guilt when not guilty are only penalising themselves. Presumably they are habitual speeders or there would be more threads like this one.

Some people are not habitual speeders and just miss a sign and get caught out, we see quite a few cases just like that. Nobody who habitually drives a motor vehicle can say with 100% certainty that this could never happen to them. The downsides of pleading not guilty and losing can be horrific, think of the guy who spent £30k on legal costs.

Hence the average motorist who is genuinely unsure as to whether he was speeding or not would not be acting unreasonably in taking the out of court disposal just to make it go away. That does not change the fact that it would be a miscarriage of justice.


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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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andy_foster
post Wed, 6 Jul 2022 - 13:29
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QUOTE (IanJohnsonWS14 @ Wed, 6 Jul 2022 - 13:49) *
Those who accept guilt when not guilty are only penalising themselves. Presumably they are habitual speeders or there would be more threads like this one.


Have you ever read any posts on this forum where a driver was sure that he wasn't speeding but has no independent evidence to challenge the measurement produced by an approved device? What advice is he given?


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speedfighter23
post Wed, 6 Jul 2022 - 13:42
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QUOTE (Bert camembert @ Tue, 5 Jul 2022 - 16:05) *
Hi folks, quick update.

I received an email reply today..

Thank you for your email. I can confirm that your vehicle was not exceeding the speed limit and accordingly no further action will be taken and I have cancelled this notice.

Please accept my apologies for any inconvenience you have been caused..


Inconvenience ha! What about the stress, sleepless nights, my time, all of your time?

Thank you so very much to everyone who gave their time to help and advise me.


We've all been there. The UK is a very camera heavy country. Good job on fighting it.


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Police Speeding Fines - Police 1 - speedfighter23 0
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Kensington and Chelsea 0 parking contraventions - speedfighter23 1
Brighton and Hove parking 0 - speedfighter23 1
Private PCN - Private Parking Solutions Limited 0 - speedfighter23 1

Tyre Puncture Pothole Claims:
0 Buckinghamshire Council - speedfighter23 1
0 TFL - speedfighter23 1

Result Pending:

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The Rookie
post Wed, 6 Jul 2022 - 14:53
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QUOTE (cp8759 @ Wed, 6 Jul 2022 - 14:28) *
Some people are not habitual speeders and just miss a sign and get caught out, we see quite a few cases just like that.

I’m sure for some people it is a rarity this happens and they just happen to do it where there is a camera. We certainly see that claimed often.

In most cases I’d suggest it’s more likely they are a bit ‘casual’ with their observations and probably do it quite often. Whether that amounts to being a ‘habitual speeder’ is open to interpretation.

This post has been edited by The Rookie: Wed, 6 Jul 2022 - 14:55


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cp8759
post Wed, 6 Jul 2022 - 21:53
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QUOTE (The Rookie @ Wed, 6 Jul 2022 - 15:53) *
In most cases I’d suggest it’s more likely they are a bit ‘casual’ with their observations and probably do it quite often. Whether that amounts to being a ‘habitual speeder’ is open to interpretation.

A miscarriage of justice is still a miscarriage of justice.

Imagine if magistrates had this attitude, their deliberations might then go something like this: "we see this chap quite often, maybe he didn't commit this particular assault / burglary / robbery / whatever, but we know what he's like and he will have committed other crimes he's got a way with, so let's just convict him and send him down anyway"


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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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southpaw82
post Wed, 6 Jul 2022 - 23:21
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Take it to the Flame Pit.


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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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The Rookie
post Thu, 7 Jul 2022 - 01:39
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QUOTE (cp8759 @ Wed, 6 Jul 2022 - 21:53) *
QUOTE (The Rookie @ Wed, 6 Jul 2022 - 15:53) *
In most cases I’d suggest it’s more likely they are a bit ‘casual’ with their observations and probably do it quite often. Whether that amounts to being a ‘habitual speeder’ is open to interpretation.

A miscarriage of justice is still a miscarriage of justice.

‘Miss a sign’?

EDIT - cross posted with SP (left page open overnight).

This post has been edited by The Rookie: Thu, 7 Jul 2022 - 05:19


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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