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Hi

 

 

Both myself and my wife ended up being criminals by getting caught speeding on the Grimsby Parkway by some stealth cameras both vat different times, both doing 36mph in a 40mph area. There has been loads of complaints about the speed limit as it is on an area of road surrounded by high walls and no pedestrian access - some would call it a cash cow. Even the Chief Constable got caught !

 

 

6 weeks after receiving the NIP the speed limit has been raised to 40mph !

 

 

My query is whether or not there are any precedents in challenging the case based on it clearly having been an unreasonable decision to set it at 40 mph in the first place?

 

 

Just thought I'd ask as it clearly has nothing at all to do with road safety and it is 30 years since I got done for speeding and my wife never has. We're somewhat miffed by the whole thing.mad2.gif

 

 

Thanks in advance.

 

 

Bugsley

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Helllo and welcome to CAG.

 

I'll move your thread to the speeding and motoring offences forum and see what the guys there think. I'll leave a short term redirect from this forum for you to follow.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Despite the local moans, you both got caught speeding. At the time you got caught the speed limit was 30 mph by law.

 

If you are prosecuted those will be the facts before the court. Even raising the fact that it is now a 40 mph limit in mitigation might backfire on you. A judge is likely to see that as you just trying to excuse your excess speed.

 

My call is - man up to it.

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The fact that you think the speed limit should be higher isn't a defence to exceeding it, any more than the fact that I think cannabis should be legal would be a defence if I got pulled for possession.

 

If the speed limit has been set by a traffic regulation order then what would be a defence would be if the order was defective or if the council hadn't followed proper procedure in making the order. But it doesn't follow that if the speed limit is unpopular that the council must not have followed procedure. And if the road in question has streetlights then 30 is the default limit and no TRO iwould be required at all, unless it previously had a different limit.

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As above, the speed limit was 30 when you got flashed so you pay the ticket; just think of the merry hell you could play with variable speed cameras if you could go back to the courts because the M25 speed limit changed from 70 to 20. Suggest you pay up and look big.

It is easier to enter a rich man than for a camel to pass a needle

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