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Speeding on lane where speed fluctuates
dan79
post Tue, 6 Mar 2018 - 23:45
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Was apparently driving 39 in a 30, I remember seeing the van and thinking im ok as not that fast, plus the speed limit had been variable I beleive, am I bang to rights or can I appeal anything?

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This post has been edited by dan79: Wed, 7 Mar 2018 - 10:18
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post Tue, 6 Mar 2018 - 23:45
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emsgeorge
post Wed, 7 Mar 2018 - 00:03
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Theres no page 1.

PS you might want to look at the bottom of page 2 Darren, as its got your full name and full address on it ......
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Logician
post Wed, 7 Mar 2018 - 00:33
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I am not clear what you mean by "the speed limit had been variable" but if the limit was 30 at the point at which your speed was measured, then you were obviously exceeding it. Was it indeed 30? You are in line for a course, but these are complicated documents combining a number of functions so you need to be very careful when you fill it in and make very sure you follow all the instructions, it would be a good idea to get someone else to check it for you, keep a copy and get a receipt for posting it, recorded delivery is not necessary.


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StuartBu
post Wed, 7 Mar 2018 - 01:05
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QUOTE (emsgeorge @ Wed, 7 Mar 2018 - 00:03) *
Theres no page 1.
PS you might want to look at the bottom of page 2 Darren, as its got your full name and full address on it ......


And Three Page 4??
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dan79
post Wed, 7 Mar 2018 - 09:37
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Ive tried a quick edit will update later thanks a lot
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dan79
post Wed, 7 Mar 2018 - 10:21
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By variable I mean sometimes 40 sometimes 60 sometimes 30 as I drive through and out of villages. Are you sure I will definitely get a speed awareness course? I think I did one almost 3 years ago isn't that the cut off.

In general can you actually appeal speeding fines anyway. I just wondered how accurate they are. Also do you need pics and a Google map of where it happend, is it 28 days usually to sort. Sorry I'm really not up on all the details.

Thanks again for all the input.
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peterguk
post Wed, 7 Mar 2018 - 10:25
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QUOTE (dan79 @ Wed, 7 Mar 2018 - 10:21) *
In general can you actually appeal speeding fines anyway.


If you have a defence, then yes. In general, very, very few people accused of speeding have a valid defence. The most common defence is probably inadequate signage, but even those occurances are rare.


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666
post Wed, 7 Mar 2018 - 10:27
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QUOTE (dan79 @ Wed, 7 Mar 2018 - 10:21) *
By variable I mean sometimes 40 sometimes 60 sometimes 30 as I drive through and out of villages. Are you sure I will definitely get a speed awareness course? I think I did one almost 3 years ago isn't that the cut off.

In general can you actually appeal speeding fines anyway. I just wondered how accurate they are. Also do you need pics and a Google map of where it happend, is it 28 days usually to sort. Sorry I'm really not up on all the details.

Thanks again for all the input.


Yes, 3 years is the limit. It's the dates of the offences that count, not when you took the course.

You can't appeal - if you don't accept the course or fixed penalty you will be summonsed to court, where you can plead not guilty. However, you don't appear to have any defence, and if found guilty it will cost you far more than the course or FP.
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The Rookie
post Wed, 7 Mar 2018 - 10:52
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You can appeal (in common parlance) by taking it to court, pleading not guilty and presenting a defence sufficient to create reasonable doubt. Noth No you’ve said indicates you have a defence.

Many roads have changing limits, how you would think that would somehow (of itself) create a defence is beyond me. If a limit isn’t adequate signed then that is a defence, most 30 limits are created by the presence of street lighting very obvious and very visible.


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dan79
post Wed, 7 Mar 2018 - 16:31
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My fear is I got caught speeding in April 2015 will have to check my records
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NewJudge
post Wed, 7 Mar 2018 - 17:29
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QUOTE (dan79 @ Wed, 7 Mar 2018 - 16:31) *
My fear is I got caught speeding in April 2015 will have to check my records

If that was the offence that led to your course then you will not be eligible for a course this time. A Fixed Penalty (£100 and three points) should be offered.
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dan79
post Wed, 7 Mar 2018 - 18:22
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I take it the forms are all correct an d no errors at all? I know im clutching at straws, here is a link to the area on google maps, the funny thing is where they say it occurred is actually different to where the pictures show and where I remember it being, I drive that road a lot, how accurate are the vans these days. Also I recently lost my wallet with license in, I take it I have to just re apply for it and send in as I think they will ask for 3 points as im out of time by one month.

https://www.google.co.uk/maps/place/51%C2%B...33;4d-2.9338889
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dan79
post Wed, 7 Mar 2018 - 18:35
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Ive just gone all along that road on google maps (I was driving east to west) from what I can see all the signage is 40mph on the road and with signs , how often is maps updated, and is it possible to find out how often the speed is altered on roads.

Thanks again
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mdann52
post Wed, 7 Mar 2018 - 19:02
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QUOTE (dan79 @ Wed, 7 Mar 2018 - 18:35) *
Ive just gone all along that road on google maps (I was driving east to west) from what I can see all the signage is 40mph on the road and with signs , how often is maps updated, and is it possible to find out how often the speed is altered on roads.

Thanks again


Those images were taken in late 2012. The local council should hold any TRO's that have been passed to further restrict it.
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notmeatloaf
post Wed, 7 Mar 2018 - 19:02
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QUOTE (dan79 @ Wed, 7 Mar 2018 - 18:35) *
Ive just gone all along that road on google maps (I was driving east to west) from what I can see all the signage is 40mph on the road and with signs , how often is maps updated, and is it possible to find out how often the speed is altered on roads.

Thanks again

Google Streetview is from 2012 there. The 40mph was meant to be changed to 30mph in 2015.

http://somerset.gov.uk/EasysiteWeb/getreso...type=Attachment

You would need to drive the actual road now to see if they correctly signed it. Because there were/are no street lights it would normally need terminal signs (on entry) and also regularly spaced repeaters.
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dan79
post Thu, 8 Mar 2018 - 15:30
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Is there a way of contacting the council in anyway ? Does this kind of thing happen often. I'm just trying to decide of it's worth me driving there to check. I don't believe 4he police would lie. But how frequent are these mistakes made ?

Regards
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henrik777
post Thu, 8 Mar 2018 - 16:28
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When did the form arrive ? Was your normal post stopped due to the beast from the East ? Is the V5 in your name & address ?
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mdann52
post Thu, 8 Mar 2018 - 16:53
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QUOTE (dan79 @ Thu, 8 Mar 2018 - 15:30) *
Is there a way of contacting the council in anyway ? Does this kind of thing happen often. I'm just trying to decide of it's worth me driving there to check. I don't believe 4he police would lie. But how frequent are these mistakes made ?

Regards


They should have checked for signage before starting to enforce for the day. Whether they did or not is another story of course!
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Logician
post Thu, 8 Mar 2018 - 16:54
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QUOTE (dan79 @ Thu, 8 Mar 2018 - 15:30) *
Is there a way of contacting the council in anyway ? Does this kind of thing happen often. I'm just trying to decide of it's worth me driving there to check. I don't believe 4he police would lie. But how frequent are these mistakes made ? Regards


On odd occasions the limit is found not to be properly authorised (I got a fixed penalty refunded on that basis) or not properly signed, but this is not common. The only way to check is to go there. A mistake about the exact location of the offence would have to be a significant difference to give you a defence, if it is say just the difference between where the van was parked and where you were when they caught you it is not going to help you.



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peterguk
post Thu, 8 Mar 2018 - 16:57
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QUOTE (henrik777 @ Thu, 8 Mar 2018 - 16:28) *
Was your normal post stopped due to the beast from the East ? Is the V5 in your name & address ?


OP hasn't suggested the NIP arrived late.


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