court summons for 71 in a 40 variable with no speed displayed |
court summons for 71 in a 40 variable with no speed displayed |
Mon, 11 May 2020 - 07:24
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#1
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New Member Group: Members Posts: 9 Joined: 9 Sep 2018 Member No.: 99,795 |
Hi all, I've got a court summons for driving 71 in a 40 variable on a motorway. I was driving in carriageway 3 and in the photos they have sent there is no speed limit displayed in that lane. Instead it displays an arrow asking for drivers to move over to the first 2 carriageways. Lane 1 also has a car pulled over halfway in the lane and halfway on the verge which I remember seeing and recognising as a pretty bad hazard. Is there scope to getting this thrown out as the evidence seems to go against Rule 256 of the highway code -
"Signals situated on the central reservation apply to all lanes. On very busy stretches, signals may be overhead with a separate signal for each lane." This post has been edited by pcnproblem: Mon, 11 May 2020 - 07:24 |
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Mon, 11 May 2020 - 07:24
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Mon, 11 May 2020 - 07:40
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#2
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Let's see the photos.
-------------------- 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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Mon, 11 May 2020 - 07:41
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#3
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Member Group: Members Posts: 56,194 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Where was the offence?
Can you post up the photo please? (Read the FAQ on how to). Was it possible the previous gantry was displaying a 40 limit? -------------------- 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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Mon, 11 May 2020 - 08:12
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#4
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Member Group: Members Posts: 1,214 Joined: 24 Mar 2013 From: Scotland Member No.: 60,732 |
Were the other lanes showing a 40mph limit?
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Mon, 11 May 2020 - 08:17
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#5
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Hi all, I've got a court summons for driving 71 in a 40 variable on a motorway. I was driving in carriageway 3 and in the photos they have sent there is no speed limit displayed in that lane. Instead it displays an arrow asking for drivers to move over to the first 2 carriageways. Lane 1 also has a car pulled over halfway in the lane and halfway on the verge which I remember seeing and recognising as a pretty bad hazard. Careful - as these this could be considered an aggravating factor. Was it like this? Is there scope to getting this thrown out as the evidence seems to go against Rule 256 of the highway code - "Signals situated on the central reservation apply to all lanes. On very busy stretches, signals may be overhead with a separate signal for each lane." Highly unlikely - remember the highway code itself is not law. (Although many of the points are backed up by law) -------------------- 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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Mon, 11 May 2020 - 08:22
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#6
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New Member Group: Members Posts: 9 Joined: 9 Sep 2018 Member No.: 99,795 |
Hi all, I've got a court summons for driving 71 in a 40 variable on a motorway. I was driving in carriageway 3 and in the photos they have sent there is no speed limit displayed in that lane. Instead it displays an arrow asking for drivers to move over to the first 2 carriageways. Lane 1 also has a car pulled over halfway in the lane and halfway on the verge which I remember seeing and recognising as a pretty bad hazard. Careful - as these this could be considered an aggravating factor. Was it like this? Is there scope to getting this thrown out as the evidence seems to go against Rule 256 of the highway code - "Signals situated on the central reservation apply to all lanes. On very busy stretches, signals may be overhead with a separate signal for each lane." Highly unlikely - remember the highway code itself is not law. (Although many of the points are backed up by law) Yes it was like that except the move over signals were in both lanes 3 and 4, I was in lane 3. |
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Mon, 11 May 2020 - 08:29
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#7
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Member Group: Members Posts: 6,963 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 |
Surely the speed there is advisory not compulsory? But the 71 is the problem.
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Mon, 11 May 2020 - 08:32
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#8
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New Member Group: Members Posts: 9 Joined: 9 Sep 2018 Member No.: 99,795 |
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Mon, 11 May 2020 - 08:47
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#9
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Surely the speed there is advisory not compulsory? But the 71 is the problem. My mistake - they had the red circles round the limits so they were compulsory. If there was a 40 in a red circle above any of the lanes, then you're banged-to-rights as the limit applies to the entire carriageway. -------------------- 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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Mon, 11 May 2020 - 10:26
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#10
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
If there was a 40 in a red circle above any of the lanes, then you're banged-to-rights as the limit applies to the entire carriageway. +1 Sorry for my confusion on the red circles. It was more the arrows I was referencing. But more this: (40 instead of 50 of course) This post has been edited by Jlc: Mon, 11 May 2020 - 10:36 -------------------- 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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Mon, 11 May 2020 - 12:20
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#11
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New Member Group: Members Posts: 9 Joined: 9 Sep 2018 Member No.: 99,795 |
If there was a 40 in a red circle above any of the lanes, then you're banged-to-rights as the limit applies to the entire carriageway. +1 Sorry for my confusion on the red circles. It was more the arrows I was referencing. But more this: (40 instead of 50 of course) Yes exactly like that. Looks like I'll be pleading guilty and explaining that it was my fault for focusing on the arrows and not the 40 limit. Thanks for your help everyone. |
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Mon, 11 May 2020 - 12:41
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#12
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Member Group: Members Posts: 4,744 Joined: 29 Oct 2008 Member No.: 23,623 |
Assuming a guilty plea you should see a fine of a week's net income, a surcharge of 10% of the fine (Minimum £32), £85 costs and six points. A short ban is a possibility but six points far more likely. When you say you have a summons, is it really a summons or is it a Single Justice Procedure Notice?
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Tue, 12 May 2020 - 08:00
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#13
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New Member Group: Members Posts: 9 Joined: 9 Sep 2018 Member No.: 99,795 |
Assuming a guilty plea you should see a fine of a week's net income, a surcharge of 10% of the fine (Minimum £32), £85 costs and six points. A short ban is a possibility but six points far more likely. When you say you have a summons, is it really a summons or is it a Single Justice Procedure Notice? It's a Single Justice Procedural Notice. |
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Tue, 12 May 2020 - 08:08
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#14
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Member Group: Members Posts: 56,194 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So a straight guilty plea will see the single justice decide your sentence unless they think a period of disqualification is applicable when they will refer it to the magistrates court and a full hearing which you’ll be required to attend.
-------------------- 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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