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court summons for 71 in a 40 variable with no speed displayed
pcnproblem
post Mon, 11 May 2020 - 07:24
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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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post Mon, 11 May 2020 - 07:24
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cp8759
post Mon, 11 May 2020 - 07:40
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Let's see the photos.


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The Rookie
post Mon, 11 May 2020 - 07:41
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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?


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TonyS
post Mon, 11 May 2020 - 08:12
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Were the other lanes showing a 40mph limit?
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Jlc
post Mon, 11 May 2020 - 08:17
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QUOTE (pcnproblem @ Mon, 11 May 2020 - 08:24) *
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?

Attached Image


QUOTE (pcnproblem @ Mon, 11 May 2020 - 08:24) *
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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pcnproblem
post Mon, 11 May 2020 - 08:22
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QUOTE (Jlc @ Mon, 11 May 2020 - 09:17) *
QUOTE (pcnproblem @ Mon, 11 May 2020 - 08:24) *
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?

Attached Image


QUOTE (pcnproblem @ Mon, 11 May 2020 - 08:24) *
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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roythebus
post Mon, 11 May 2020 - 08:29
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Surely the speed there is advisory not compulsory? But the 71 is the problem.
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pcnproblem
post Mon, 11 May 2020 - 08:32
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QUOTE (roythebus @ Mon, 11 May 2020 - 09:29) *
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.
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cp8759
post Mon, 11 May 2020 - 08:47
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QUOTE (pcnproblem @ Mon, 11 May 2020 - 09:32) *
QUOTE (roythebus @ Mon, 11 May 2020 - 09:29) *
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.


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Jlc
post Mon, 11 May 2020 - 10:26
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QUOTE (cp8759 @ Mon, 11 May 2020 - 09:47) *
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)

Attached Image


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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pcnproblem
post Mon, 11 May 2020 - 12:20
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QUOTE (Jlc @ Mon, 11 May 2020 - 11:26) *
QUOTE (cp8759 @ Mon, 11 May 2020 - 09:47) *
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)

Attached Image



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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NewJudge
post Mon, 11 May 2020 - 12:41
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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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pcnproblem
post Tue, 12 May 2020 - 08:00
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QUOTE (NewJudge @ Mon, 11 May 2020 - 13:41) *
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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The Rookie
post Tue, 12 May 2020 - 08:08
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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
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Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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