Intended prosecution with average speed cameras |
Intended prosecution with average speed cameras |
Tue, 15 Feb 2011 - 15:37
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#1
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Member Group: Members Posts: 21 Joined: 13 Oct 2010 Member No.: 41,254 |
Hi All
I have received a letter of intended prosecution for doing 62 mph in a 50 mph zone which is monitored with average speed cameras on the M62 I have logged in to the west yorkshire Police website to view the photographic evidence which does support the prosecution, although it doesn't show who was driving the vehicle as it was dark. Although i was driving above the mandatory speed limit, There were no workmen on the roadworks at that time of night and I don't believe I was driving at an excessive speed. Is there any way I can get out of this ? I have had a simalar case like this with a rear facing gatso, but I appealed stating that I did not know who was driving at the time of the offence and the appeal went in my favour and the case was dropped. Could I use the same loophole in this case with it being a forward facing one (although you cant identify the driver) or is there any other loophole i could use? Also, I was told that with average speed cameras on a motorway, to prosecute you, the vehicle must remain in the same lane, so the camera can measure between point a and point b in one continuous flow. is this true? Any advice would be appreciated , as we have just had our second child and need all the money we can get !! Thanks in advance This post has been edited by pickard: Tue, 15 Feb 2011 - 23:53 |
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Tue, 15 Feb 2011 - 15:37
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Tue, 15 Feb 2011 - 15:44
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#2
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
NIP wizard as linked to in the READ THIS FIRST BEFORE POSTING sticky (and linked top right)
Nothing you have told us so far is going to help you, the car used to have to stay in one lane, no longer the case. If you claim to not know who was driving you WILL be summonsed for that offence and have to justify why not in court, 6 points and a fine of circa 150% of your weekly take home when you lose. Simon -------------------- 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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Tue, 15 Feb 2011 - 15:44
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#3
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Member Group: Members Posts: 13,506 Joined: 9 Jan 2008 From: manchester Member No.: 16,521 |
your running with old news, at one time denieing you know who was driving would have it filed in the too much trouble bpile, but as this knoledge grew, they started to routeenly prosicute and put up the penalty to 6 points, we occasional get people [posting that they have done this and just recieved a warning letter, but a lot lot more that they have got a summons
and they changed the config of the cameras, up to quite recently changing lanes would fool them, but not any more im affraid -------------------- jobo
anyone but Murray, Wish granted for another year, |
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Tue, 15 Feb 2011 - 17:21
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#4
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Member Group: Members Posts: 47 Joined: 11 Feb 2011 Member No.: 44,195 |
In your post you admit you were exceeding the limit but try to justify that by saying there were no workmen.....That is no defense
Do you not think that the authorities would have the loopholes covered, otherwise no-one could be prosecuted. What you need is advice to mitigate your case to minimise the penalty you will get. |
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Tue, 15 Feb 2011 - 17:36
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#5
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Member Group: Members Posts: 876 Joined: 30 Jul 2010 Member No.: 39,393 |
Also, I was told that with average speed cameras on a motorway, to prosecute you, the vehicle must remain in the same lane, so the camera can measure between point a and point b in one continuous flow. is this true? SPECS cameras used to only have Home Office Type Approval for single lane use, however new test schedules have now been approved and it now has type approval as a multi lane system. So to answer your question, it used to be true, but isn't now. |
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Tue, 15 Feb 2011 - 18:03
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#6
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Member Group: Members Posts: 3,295 Joined: 27 Aug 2010 Member No.: 40,109 |
What you need is advice to mitigate your case to minimise the penalty you will get. No mitigation needed. At 62 in a 50 the op will be offered a fixed penalty of £60 and 3 points. They are free to reject it, in to court and argue mitigation, but this risks a higher fine if their mitigation is not accepted. Almost no mitigating circumstances, short of a verifiable medical emergency, will get the penalty lower than the fixed penalty level. |
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