Help - Search - Members - Calendar
Full Version: SPEEDING CAMERA
FightBack Forums > Queries > Speeding and other Criminal Offences
emoghul
Hi, I was out of town and lost on a dual carriage way doing 36mph and was flashed by a speeding camera.

I was not aware it was a 30mph zone as dual carriage ways are 40mph.

I have now been contacted by Mersyside Police - stating that i do not have the driver school option and have to pay a penalty and 3 points on my license.

I am thinking of appealing this.

Any advice on whether this is a good option or best to avoid?


*** I have always had a clean driving license for over 15 years. It is a genuine mistake.
mickR
QUOTE (emoghul @ Tue, 17 Dec 2013 - 21:18) *
I was not aware it was a 30mph zone as dual carriage ways are 40mph.


and now youve found out they might not be!

appeal? on what grounds?

suggest you post ALL your paperwork with personal details removed and someone may find something for you.
emoghul
This is what i was sent from the police...

appeal on the grounds that....

1. I was out of the area and lost - trying to find my way

2. I am not aware of dual carriage ways being 30mph
uk_mike
QUOTE (emoghul @ Tue, 17 Dec 2013 - 21:30) *
2. I am not aware of dual carriage ways being 30mph


If they have street lights they are 30mph, unless signs show otherwise. This is covered by the Highway Code so is not a valid defence, nor is being lost.

I can only advise you to accept the COFP, court will cost you substantially more, and you appear to have no effective defence to the charge.
Jlc
QUOTE (emoghul @ Tue, 17 Dec 2013 - 21:30) *
appeal on the grounds that....

1. I was out of the area and lost - trying to find my way

2. I am not aware of dual carriage ways being 30mph

You can't 'appeal' as such. You either accept the fixed penalty or you elect for a court hearing.

Given that neither of your reasons will work as a defence I suggest you the accept offer.

Presumably this Gatso.

There's a system of streetlighting and as already noted will make it a 30mph unless signed to the contrary. There would have been a 30mph terminal sign at the start of the limit.
sgtdixie
Being lost is a pretty poor defence to speeding and is likely to cause mush amusement with the bench. Admitting you don't know dual carriageways are always 40 mph is similarly not going to help.

Given 36 in a 30 is almost always a SAC is there anything we don't know. It would be most unusual to go straight to a COFP as courses finance Camera partnerships and they are therefore quite keen on giving them.
mickR
QUOTE (sgtdixie @ Tue, 17 Dec 2013 - 22:08) *
Being lost is a pretty poor defence to speeding and is likely to cause mush amusement with the bench. Admitting you don't know dual carriageways are always 40 mph is similarly not going to help.

Given 36 in a 30 is almost always a SAC is there anything we don't know. It would be most unusual to go straight to a COFP as courses finance Camera partnerships and they are therefore quite keen on giving them.


maybe the OP has already done a SAC sad.gif
emoghul
This is the first time I have been flashed. I was hoping they would allow me to attend the driving school.

However, this option was not proposed which I found rather bizarre.

Is there no other grounds I can go on?

I really wouldn't like the 3 points.
peterguk
QUOTE (emoghul @ Tue, 17 Dec 2013 - 23:30) *
Is there no other grounds I can go on?


SAC is purely at the discretion of the authorities. Odd that you were not offered one. Any delays in responding to the S.172, or a long chain of S.172s to establish the driver?

Bottom line is there are no grounds for insisting on a SAC, so best option is to accept the COFP.
Logician
I would ask them why you have not been offered a course, it may be some sort of error and they are under the impression that you have already done a course.
emoghul
There was no delay in responding to S.172 - it was prompt

I was contemplating the same thing. May be wise to contact them to see if I can be offered the SAC, especially if there are no other grounds of appeal. I have nothing to lose.

Shame really.
StuartBu
QUOTE (sgtdixie @ Tue, 17 Dec 2013 - 22:08) *
Being lost is a pretty poor defence to speeding and is likely to cause mush amusement with the bench. Admitting you don't know dual carriageways are always 40 mph is similarly not going to help.


Did OP not say he thought DCs WERE always 40 "I was not aware it was a 30mph zone as dual carriage ways are 40mph."
MrAndersonA
sgtdixie's response should read they aren't always 40; many of them are but like any road it depends on the signage, in urban areas assume 30 unless otherwise indicated!

sucks to get done for that speed (my first fine was also for similar speed on an empty dualler in the middle of the night), but as others have mentioned not knowing the limit won't count as a defense.
Dandg
QUOTE (Logician @ Tue, 17 Dec 2013 - 23:42) *
I would ask them why you have not been offered a course, it may be some sort of error and they are under the impression that you have already done a course.

From what can be made out from the date of the offence there isn't enough time left to offer the course. If the 6-month statutory period is close then the course will not be offered.

Perhaps the OP could explain the age of the offence and why it has taken so long to get to this stage.
jdh
QUOTE (Logician @ Tue, 17 Dec 2013 - 23:42) *
I would ask them why you have not been offered a course, it may be some sort of error and they are under the impression that you have already done a course.

This sounds the best idea and from what you've said, you sound the perfect candidate for a SAC.
squaredeal
With an offence date of 25/8 you will have missed the 3 month time limit Merseyside has set for your admission to have been processed with an automatic SAC eligibility check.
Unless the inputting delay was down to them, it is unlikely to result in them reversing the automated decision. It's worth a try though, especially if the trail of NIPs issued was out of your control (eg, lease, then hire, then company, then you)
Pete P
QUOTE (emoghul @ Tue, 17 Dec 2013 - 21:18) *
Hi, I was out of town and lost on a dual carriage way doing 36mph and was flashed by a speeding camera.

I was not aware it was a 30mph zone as dual carriage ways are 40mph.


I have lost count of how many people on here I have seen make this mistake. I suggest you have a quick read of the highway code. A dual carriageway is any road which has one or more lanes in opposing directions separated by a central reservation. It is not a defined speed limits, indeed I have seen many 30mph dual carriageways and also many 70mph (national speed limit).
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.