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I wasn't speeding in a million years.


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I was driving within the 60mph speed limit, I am 100% certain of this.

 

 

I think my speed was around 56mph.

 

 

However, i've just received a Speeding Ticket which says I was doing 73mph! Iam, of course, not very happy.

 

I think the probable explanation is that I am getting the rap for a vehicle that was overtaking me at the time the speed camera

(in the back of the Police Van) came into view,

ie. a simple case of vehicle of misidentification.

(The other possible explanation is that there was an error,

either technical or human, in the way the camera was operated).

 

Can anyone advise me how to proceed from here.

 

 

I don't see myself being able to afford a solicitor.

 

 

I would like to see the 'evidence' that the police have against me

 

 

- can I phone them tomorrow and ask for this?

 

 

Can someone give me the idea how to go on.

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Until it gets as far as court it's at the discretion of the police as to whether to hand over any relevant footage or materials.

 

 

You've put a very precise figure on your estimated speed - how sure are you? Is the speedometer in your car accurate?

 

 

The worse they can say is no but if you are articulate and persistent then they will probably hand it over to keep the peace...

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My speedo was registering 57mph or 58mph - but as we all know, speedos are calibrated to show a higher reading than the the real speed. On this particular car the speedo shows a reading which is 9% more than actual speed.

 

Iam adamant I wasn't speeding, and that I wasn't even doing 61mph (let alone 73mph). I know this bit of road like the back of my hand and the speed camera traps en route and I remember this particular day very clearly. Someone has made a cock-up, and I know it's not me.

 

So I have to fight to get to see the 'evidence' against me! Doesn't sound right. Sounds very arbitrary.

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You can certainly ask to see the evidence against you, but I don't think the police have any obligation to make it available to you until you decide to take the matter to court. Which I presume that you will be doing as you're quite certain you did nothing wrong.

 

The $camera van will have recorded 'live HQ video' of the incident, so a good look at the evidence should reveal exactly what happened.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Thanks for the reply.

 

I have just been offered the chance to go on a "Speed Awareness Course" and thereby avoid a £100 fine and 3 points (but will have to take the day-off and pay £60+ for the course). I am tempted to take this route as it's the easier option, however... I am adamant I wasn't speeding and that someone's made a cock-up.

 

The question is, if I go to court, will the 'evidence' support my assertion that I wasn't speeding? As i've said before, I believe the cameras clocked the car that was overtaking me and that the speeding has been mis-attributed to my car. If this is indeed the case, will the evidence substantiate this?

 

If I take it to court I am running the risk of incurring additional costs and additional penalty points. I can't run the risk of losing. Am I going to have a difficult time challenging the photographic evidence ( I am alleged to have been doing 73mph in a 60mph limit - I assert I was doing no more than 58mph) or will this 'live HQ video' be able to clearly vindicate me?

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Thanks for the reply.

 

I have just been offered the chance to go on a "Speed Awareness Course" and thereby avoid a £100 fine and 3 points (but will have to take the day-off and pay £60+ for the course). I am tempted to take this route as it's the easier option, however... I am adamant I wasn't speeding and that someone's made a cock-up.

 

The question is, if I go to court, will the 'evidence' support my assertion that I wasn't speeding? As i've said before, I believe the cameras clocked the car that was overtaking me and that the speeding has been mis-attributed to my car. If this is indeed the case, will the evidence substantiate this?

 

If I take it to court I am running the risk of incurring additional costs and additional penalty points. I can't run the risk of losing. Am I going to have a difficult time challenging the photographic evidence ( I am alleged to have been doing 73mph in a 60mph limit - I assert I was doing no more than 58mph) or will this 'live HQ video' be able to clearly vindicate me?

 

It's difficult for anyone else to answer that, we weren't there. Again, without seeing the evidence, none of us (including yourself) know what's on the DVD. It may well prove your innocence and the fact that someone at the $CT has made an error, or...

 

The trouble is, if you rock the boat too much by writing back to them asking to see the evidence, they are quite within their rights to withdraw the offer of a SAC. Catch 22!

 

As annoying as it is if you know you're innocent, it may be the easiest option to take the offer of the SAC, at least you can't possibly lose that one.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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A rock and a hard place!

 

A fair few years ago I received a NIP via post for exceeding the newly introduced variable speed limit on the M25. I also was being overtaken at the time of the flash on the overhead gantry. I sent back the Driver details form with a letter pointing this out and wondering if it was the other car, not mine, that the radar or sensors detected.

They replied with a copy of the photograph that did indeed show both cars but they pointed out my rear bumper was just clear a white 'target' dot in the centre of the lane (before the calibration/measurement marks) thereby determining it was my speed recorded by the device.

They did restart the Fixed Penalty period - but there was no $ACs then adding to local funds.

 

I'm always up for a fight if I feel confident I am right - but that's me.

But I can't advise you as I didn't witness the event or know the levels of your priorities and outrage.

 

Tricky.

I wish you well with whatever decision you make.

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  • 3 months later...
A rock and a hard place!

 

A fair few years ago I received a NIP via post for exceeding the newly introduced variable speed limit on the M25. I also was being overtaken at the time of the flash on the overhead gantry. I sent back the Driver details form with a letter pointing this out and wondering if it was the other car, not mine, that the radar or sensors detected.

They replied with a copy of the photograph that did indeed show both cars but they pointed out my rear bumper was just clear a white 'target' dot in the centre of the lane (before the calibration/measurement marks) thereby determining it was my speed recorded by the device.

They did restart the Fixed Penalty period - but there was no $ACs then adding to local funds.

 

I'm always up for a fight if I feel confident I am right - but that's me.

But I can't advise you as I didn't witness the event or know the levels of your priorities and outrage.

 

Tricky.

I wish you well with whatever decision you make.

 

How could they prove, beyond reasonable doubt, that the correct figure was showing on the other side of the gantry?

 

AIUI, c omputer records showing that the limit had been posted have been rejected by Courts as these are only evidence that the command to change the limit was given and not that it actually changed

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