Page 1 of Speeding Ticket - Should I accept fixed penalty or go to Court?

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Speeding Ticket - Should I accept fixed penalty or go to Court?

simon1 (Competent) posted this on Sunday, 27th March 2005, 14:41

Last week I was flashed by a mobile detector van while travelling along a main road, at 11am. The portion of road in question was 40mph (or a least I thought so).

The NIP (notice of intended prosecution) that came through the post claims I was doing 41mph on a 30mph road. I thought that stange, so I revisted the area where I had been flashed.

The road in question is mostly 30mph (where houses are on either side), then towards the end of the road, where it widens (no houses), a 40 mph sign was sited. It was after this where I was flashed.

I`ve been along this road frequently for the last 15 years, and this has never changed - untill now!

Having revisted the area today I have noted the following:

1. 3 or 4 small speed camera signs attached to lamposts (no limit marked)

2. Empty lampost (where the normal 40mph sign had been for years)

3. Small, red, rectangular sign (text only): "new 30mph limit in force" attached to different lampost.

This size of this sign is one which you would normally see placed underneath a regular road sign for additional info only.

I decided to enter this part of the road from the other direction - and what do you know? Great big, massive sign making a song and dance act about there being a 30 mph limit!

Fair enough. So why not anything even approaching this level of notice for travellers in the opposite direction?

I am really cheesed off at being caught out like this, as I regularly observe speed limits. I have had a clean license for over 5 years.

I feel the need to have this considered in court, rather than just accept a fixed penalty of £60 fine / 3 points. But my wife says I`m wasting my time and I`ll come off worse, because judges don`t like anyone who challenges these sort of things.

I would be grateful of any thoughts or experiences on this.

RE: Speeding Ticket - Should I accept fixed penalty or go to Court?

Zovirax (Elite) posted this on Sunday, 27th March 2005, 14:48

I would tend to agree with your wife.
Quote:
and I`ll come off worse, because judges don`t like anyone who challenges these sort of things.

This is so true,the times I have heard this said by people on radio phone-ins that challenged the fine. >:( :(

RE: Speeding Ticket - Should I accept fixed penalty or go to Court?

Rassilon (Elite) posted this on Sunday, 27th March 2005, 14:49

Wifey is right I think.



I quite like the Helpdesk people in a benevolent (as opposed to malevolent) way as they do some valuable work in preventing us being inundated by every halfwit who can work a phone.

RE: Speeding Ticket - Should I accept fixed penalty or go to Court?

BigmanInc (Elite) posted this on Sunday, 27th March 2005, 15:16

I am a little unclear - do you meant the liit has changed since you were flashed? or before? If it is since, then i would definately contest it, but if it was before, then it really isn`t worth the hassle of going to court, as much as i would like to tell you that you should.

A friend of mine is challenging a speeding ticket using an nteresting argument re: the size of his wheels. He bought a new motor and decided to upgrade from the wheels, but the dealer failed to recalibrate his speedo (if you put bigger tyres on, then the speedo will be showing a lower than actual speed) so he says he thought he was under the limit, even though he was not. I am going to be interested to see if he gets away with it or not... :D



...look into my eyes

RE: Speeding Ticket - Should I accept fixed penalty or go to Court?

SIXFINGERS (Elite) posted this on Sunday, 27th March 2005, 15:16

Bite the bullet. I know it`s out of order but in court, the law is the law, is the law.
That`s just my opinion though.

RE: Speeding Ticket - Should I accept fixed penalty or go to Court?

David Beckett (Reviewer) posted this on Sunday, 27th March 2005, 15:36

I`d pay the fine but write to the council/your MP about your concerns regarding your concerns about how the speed limits are signposted.

________________________________________________________________

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My Top 20 Horror Movies ---- My DVD Collection

RE: Speeding Ticket - Should I accept fixed penalty or go to Court?

rigger (Competent) posted this on Sunday, 27th March 2005, 16:10

If that 40 mph sign was still in force at the FLASHING then off to court and stamp the feet....
If it was the new ones but you didn`t see them.... not a leg to stand on buddy.
Road Awareness includes signs as well as mad old J-walkin pensioners...

SD



**We are only immortal for a limited time** NP

RE: Speeding Ticket - Should I accept fixed penalty or go to Court?

marksparks999 (Elite) posted this on Sunday, 27th March 2005, 17:24

accept it... you could end up with £1000 fine and 3-9pts on yur licence in court + costs!



`I am going to live forever, or die trying`...

RE: Speeding Ticket - Should I accept fixed penalty or go to Court?

Paull (Elite) posted this on Sunday, 27th March 2005, 17:40

I fought, they took me to court, they fined me £200.00. & 3 penalty points The road signs were proven to be illeagal. The road was up to motorway standard & was put from 70 MPH to 50 MPH when the speed cameras came in. One problem... I wasn`t driving the car !!!!!!!

RE: Speeding Ticket - Should I accept fixed penalty or go to Court?

BigmanInc (Elite) posted this on Sunday, 27th March 2005, 17:42

The other thing you could do is check with the highway authority (most likely local council) to find out when the change was advertised, and where it was published. It may be that they failed to give adequate notice. They should be happy to tell you the info, but if they kick up a fuss just tell them you want it under the FOI Act.



...look into my eyes

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