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doneover
I would like your opinions if possible.
I was recently caught speeding (11.2.2015) by a copper in a car with a hand held device at 8 pm at night. I am thinking of contesting this.
He followed me and explained that he had initially clocked me at 55 mph (in a 40) and as he felt that I was speeding up and braking he clocked me again at 54.
I know for a fact that I passed him at 42ish mph, 227 yards later.
When he got me in the back of the car he said ‘you averaged’ 54 down the road.
I listened patiently until he cautioned me.

I then said that I do not believe that I could have averaged 54 as that meant I would have had to be travelling at 70 at some point and that the fiat 500 I was driving would be incapable of picking up that type of speed along that road.

He then said he didn't mean averaged, but going at 54. He then explained the three different ways of monitoring speed.

I would like to appeal based upon the accuracy of the speed camera. For example, what distance can the realistically clock two different speeds?

And, I do not believe I was going at 54 and the fact that he said averaged meant he may have been confused.
I may be wrong, but I am not sure he took my statement down as evidence. I am assuming the conversation in the car was recorded.

I received a conditional offer of fixed penalty letter on Saturday the 5th March asking me to pay £100 and get three points. I have not been issued with an offer to attend an awareness course or recived a NIP.

So, am I pi**ing in the wind or is it worth a go?

Jlc
As a roadside stop you will have had a 'verbal NIP'.

As your speed was measured by a hand-held device the speed is obtained virtually instantaneously and can be up to 1km away depending on the device. I suspect he meant he measured your speed at some distance and then again some time afterwards. (There's no 'average' with the device but he may form his own based upon the readings)

54 is too fast for a course anyway and they don't have to be offered.

You can't 'appeal'. The process is to either accept the fixed penalty or go to court. You would then have to mount a defence to a criminal prosecution and the camera will be presumed accurate unless you can demonstrate otherwise.
BaggieBoy
Probably the former. Trying to disprove the speed of an approved device could get very expensive if expert witnesses are required. Since 42 is speeding you can't plead not guilty and claim under oath you were not speeding. The fixed penalty is likely the cheapest option.
The Rookie
QUOTE (Jlc @ Mon, 9 Mar 2015 - 14:08) *
the device will be presumed accurate unless you can demonstrate otherwise.

FTFY - probably no camera involved at all.
Jlc
QUOTE (The Rookie @ Mon, 9 Mar 2015 - 14:36) *
QUOTE (Jlc @ Mon, 9 Mar 2015 - 14:08) *
the device will be presumed accurate unless you can demonstrate otherwise.

FTFY - probably no camera involved at all.

True...
AntonyMMM
To echo the above, you are going down a potentially difficult and expensive route if you want to contest this.

Your statement has no relevance as evidence, it doesn't really have any bearing on the offence itself and may or may not have been recorded.

Logician
You may not believe you were going at 54, but if you accept you were going above the limit, then you have been offered the lowest penalty available for any speed over the limit anyway (apart from a course which is entirely discretionary).
Your only option apart from accepting the fixed penalty is to go to court. Your chances of convincing the court that the officer measured your speed incorrectly twice and that there is reasonable doubt you were speeding at all, is somewhere between nil and zero, and the exercise would be very expensive, apart from the fine and surcharge, the guideline for the prosecutor to ask for costs is £620.
doneover
Thanks for all your replies.

I will just pay up. It is galling as it is my first speeding fine in 15 years. Especially maddening when it was on an empty road at eight at night with no one other car or person around.

Just a bit diappointed that is all.

I suppose they have to catch 'criminals' at work though. angry.gif
Jlc
If you know you were exceeding the limit then that's the pragmatic way forward...

As this was your first time speeding in 15 years you've been very unlucky wink.gif

Check your insurance in regards to notification requirements - most are at renewal but you never know. 3 points shouldn't have a noticeable impact on premiums and you can always vote with your feet...
doneover
QUOTE (Jlc @ Wed, 11 Mar 2015 - 10:49) *
If you know you were exceeding the limit then that's the pragmatic way forward...

As this was your first time speeding in 15 years you've been very unlucky wink.gif

Check your insurance in regards to notification requirements - most are at renewal but you never know. 3 points shouldn't have a noticeable impact on premiums and you can always vote with your feet...


Cheers.
The Rookie
Just to be clear, speeding is a criminal offence, so if you were exceeding the limit he was catching a criminal.....
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