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Christ1978
Hello all,

This morning I received a summons for Surrey Magistrates Court. I had originally sent the NIP back after it arrived stating that I was the driver at the time of the alleged offence. At the same time there was a postal strike on and I thought nothing more of the matter until this morning when the summons arrived.

1). Constabulary : Surrey Police

2). Offence : 01/05/07

3). Location A3 Esher Bypass, Hook, Surrey

4). At a speed in excess of the 50 Mph Speed Limit (Alleged Speed 76 Mph)


At the moment I intend to fight this in court. After searching through the PePiPoo website I noticed that this stretch of road is notorious for snaring motorists.

In fact I have printed out the Daily Mail article on this site about the very same camera being used to rake in cash. The link is here:

http://forums.pepipoo.com/index.php?showto...amp;hl=unlawful



In court I plan to present this article and also inform them that the 50 Mph speed sign is

1). Hard to see (At no time was I made aware that this was a 50 Mph zone.)

and

2). Is of course too close to the speed camera.

lastly

3). This used to be a 70 Mph stretch of road in either case.



After further research on the speed camera in question I found this page on the Highway Agencies website, which states the following:

Link is here: http://www.highways.gov.uk/news/pressrelea...eleaseid=144005


A3 Esher Bypass: Highways Agency and Surrey Safety Camera Partnership work together to make safety improvements at Esher Bypass

HIGHWAYS AGENCY News Release (SE26-07) issued by The Government News Network on 15 February 2007
The Highways Agency and Surrey Safety Camera Partnership are working together to improve safety for drivers travelling in to London on the northbound Esher bypass.

The improvements will give drivers heading towards London more advance warning and opportunity to slow down before reaching the speed camera located at the site, which is enforced by the Surrey Safety Camera Partnership.

After consultation between the Highways Agency and Surrey Safety Camera Partnership, we have agreed to provide:
* An electronic vehicle activated sign to remind people of the speed limit and to warn of enforcement should they be approaching too fast
* An extension of the street lighting southwards to clearly show the location of the speed camera
* Relocation further south of the change in speed limit from 70 mph to 50 mph
* Clearer conventional speed limit signing, including large speed limit signs painted on the carriageway
* Enhanced conventional speed camera warning signs.


Obviously there have been a lot of complaints about this speed camera and the current 50 Mph sign is not adequate enough to warn drivers to slow down, leaving the speed camera to rake in cash.

If I wish to plead not guilty and present the information I have collected what would be the worst case scenario?

Also, does anyone else have any information on this camera which may prove valuable?
nemo
QUOTE (Christ1978 @ Wed, 26 Sep 2007 - 18:46) *
1). Hard to see (At no time was I made aware that this was a 50 Mph zone.)

Are you saying that you believe the signage entering the 50mph zone to be defective or inadequately maintained ? Evidently, a valid defence could exist if this were to be proven.

QUOTE (Christ1978 @ Wed, 26 Sep 2007 - 18:46) *
2). Is of course too close to the speed camera.

But I take it the camera is within the 50mph 'zone' ?

QUOTE (Christ1978 @ Wed, 26 Sep 2007 - 18:46) *
3). This used to be a 70 Mph stretch of road in either case.

Sadly, whatever speed limit(s) may have been applicable in the past will be of zero relevance or interest to the magistrates.

QUOTE (Christ1978 @ Wed, 26 Sep 2007 - 18:46) *
If I wish to plead not guilty and present the information I have collected what would be the worst case scenario?

At the speed alleged, the offence just sneaks into the upper penalty band of the sentencing guidelines. Whilst the Magistrates could award a lower sentence, you asked for worst case and the current guidelines suggest 6 points OR a ban of up to 56 days.

With regard to the issues which may have been identified by Surrey SCP / the Highways Agency - you would need to demonstrate beyond reasonable doubt that these issues have resulted in fatally flawed evidence or that procedural errors by the SCP / CPS would render any conviction unsafe.

You shouldn't entertain the idea of a defence based solely on the unfairness of the scam..

Sorry if its not the sort of response you were looking for..sad.gif
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