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Notice of Intended Prosecution


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I received a notice of intended prosecution throught the post today for doing 40mph in a 30mph zone.

 

The camera was a mobile speed camera van and was parked on a blind corner, and could not been seen until you turned the corner. Is there a minimum distance from which the van should be visable??

 

There is also a mistake on the NIP it states that the vehicle is a 1600 TA Fastback when in fact my vehicle is VW Polo 1.4 16V SE, although the registration is correct.

 

I could not see a speed camera sign anywhere, i am sure they have to display this and give you time to respond to avoid the conviction.

 

Can anyone give me some advice please.

 

David

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I received a notice of intended prosecution throught the post today for doing 40mph in a 30mph zone.

 

The camera was a mobile speed camera van and was parked on a blind corner, and could not been seen until you turned the corner. Is there a minimum distance from which the van should be visable??

 

There is also a mistake on the NIP it states that the vehicle is a 1600 TA Fastback when in fact my vehicle is VW Polo 1.4 16V SE, although the registration is correct.

 

I could not see a speed camera sign anywhere, i am sure they have to display this and give you time to respond to avoid the conviction.

 

Can anyone give me some advice please.

 

David

Hi David,

 

I'm no expert on these but I did find this in DFT guidance on speed camera placement.

 

  • For mobile enforcement, co-located camera and speed limit reminder signs should continue to be placed in advance of the point of entry to the site or route (including or excluding side roads at the discretion of the road safety partnership) in the direction being enforced. Camera signs should also continue to be placed thereafter at intervals of around 1 km throughout the length being enforced.

  • Depending upon the enforcement method used, speed camera housings (including tripod-mounted cameras) or the camera operator or the mobile enforcement vehicle should be clearly visible from the driver’s viewpoint at the following minimum visibility distances:

• 60 metres where the speed limit is 40 mph or less;

• 100 metres at all other speed limits.

  • Vehicles from which enforcement may take place should be liveried and clearly identifiable as an enforcement vehicle. Visibility of the livery should be maintained during enforcement, e.g. where it is necessary for the doors to be open, markings or livery should be apparent to approaching traffic in the direction of enforcement. If the enforcement officer is undertaking enforcement away from the vehicle, the enforcement officer should be conspicuous by wearing high-visibility clothing.

  • On every occasion before commencing enforcement at a camera site, the enforcement officer should check that the conspicuity guidance is met.

This camera signing, visibility and conspicuity guidance has no bearing on the enforcement of offences. Non-compliance with this guidance does not provide any mitigation of, or defence for, an alleged offence committed under current UK law.

 

It may be worth posting this query on pepipoo as they specialise in this sort of thing.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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