Speeding ticket

by dianne1985 Fri Feb 07, 2020 10:05 am

Can anyone direct me to some templates and guidance on appealing a speeding ticket? I was snapped coming off a slip road and joining a usually 50mp road which is down to 30mph for roadworks. It was a manned speed camera van. I would contest the fine on these points:

. - no warning I was about to join a reduced speed road.

- Poor visibility of the camera van which was parked within a coned off lane surrounded by various works lights and signs, so visually very noisy

- further study of my speed over distance would see me reducing my speed appropriately and not harshly. From 40mph down to 30 and I was 'caught' at 37mph.

I'm generally against speeding and this seems like a bit of a mousetrap situation.

by waylander62 Fri Feb 07, 2020 11:26 am

yes typical trap

i dont know a lot about speeding tickets but i recently defended myself against one ( but it was a very long and difficult process )

if you want to put forward a statement then you can stating what you have said but be aware that you have deadlines. Initially i asked for photographs and evidence of me driving the vehicle which buys a bit of time but it will be decided by magistrates in the end and you likely wont get invited to the hearing.

there are rules surrounding positioning and warnings in respect of temp. speed reductions it may be worth checking those out.

others may offer completely different views on this

by flyingfish Fri Feb 07, 2020 12:41 pm

Temporary speed limits for roadworks can be a bit abrupt. They should still comply with minimum visibility distance which would be 75m if the limit dropped to 30 from 50. If it was the whole slip road that was restricted, so the limit dropped from dual carriageway at 70 straight down to 30, visibility should be 165m. Worth checking, although those minimum distances are pretty short. You could ask the local authority for the Order authorising the temporary speed limit as well, check it was in force at the time and place you were snapped.

It can't hurt to ask for photos "to help identify the driver", but be aware that legally this does not stop the 28 day clock. Some forces may extend the time, but the don't have to.

Don't worry about visibility or marking of the van itself. These don't form any defence, and could be harmful if comes across as thinking it's OK to speed if there's no camera.

by **LionsShare** Mon Feb 10, 2020 12:10 pm

some may find this interesting if they don not already know, but in the correct setting cloud be used to 'defend':

https://legal-dictionary.thefreedictionary.com/Driver

"DRIVER. One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals.
2. Frequent accidents occur in consequence of the neglect or want of skill of drivers of public stage coaches, for which the employers are responsible."

by Ausk Thu Feb 20, 2020 11:13 am

How to deal with a speeding fine.

I would nominate a friend. Then the RTA could pursue my friend, who would deny that he was driving the car.
He would merely say that he wasn’t the driver and didn’t really know who the driver was at the time. He could nominate a person who he THOUGHT might have been the driver and the RTA would have to pursue that third person. That third person could deny that he was even in the car at the time.

There would be enough obfuscation and denial and the police couldn’t do a thing about it. They would have the statutory declaration from the car owner, a denial from the nominated driver who said that he wasn’t the driver and couldn’t remember who was driving the car, but who provided another nominated driver who completely denied even being there.

That’s how to completely stuff the RTA and its speed camera bullshit.

This comes from the Campaign Against Ripoff Rackets in Australia.

by **daveiron** Thu Feb 20, 2020 11:34 am

Hi Ausk, I think thats been tried here.and it results in them making the
reg keeper liable.
I do know a chap who has another method however. I cant remember the
exact sequence but it centers around the 6 months in which they have to
prosecute.
Its along these lines ; you receive a notice of intended prosecution and have
28 days to respond ,send back an empty envolope recorded delivery.you will then get a reminder to which you respond to after about 25 days but you "forget" to sign it. Also at some stage you request their evidence etc etc ,by which time 6 months has elapsed.

by flyingfish Thu Feb 20, 2020 12:59 pm

It's getting harder and there are pitfalls. For example in the scenario Dave describes if the ticket office was feeling bloody minded they could have put it through for prosecution as soon as the 28 days are up, without reminders or allowing extra time etc. In practice they seem to want to pursue the original offence rather than the failure to identify, even though that's more serious. Maybe for targets or something? Anyway in practice they typically will allow extra time, and send reminders and photos etc, but if this drags on they can suddenly change their attitude to something along the lines of "we'll leave you to argue that in court".

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