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Speeding fine help

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Recently had a ticket 38 in a 30 mph zone the speed limit sign was visible but the speed camera sign above the speed limit was coverd by branches off a tree, is this a valid appeal? Thanks for any help.

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  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 31 May 2015 at 4:34PM
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,096 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Whitton wrote: »
    Recently had a ticket 38 in a 30 mph zone the speed limit sign was visible but the speed camera sign above the speed limit was coverd by branches off a tree, is this a valid appeal?
    No. Don't try to play the system, it will beat you much worse than going with the flow, which'll be a speed awareness course and no points, Try Pepipoo if you like, they'll tell you the same.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Whitton wrote: »
    Recently had a ticket 38 in a 30 mph zone the speed limit sign was visible but the speed camera sign above the speed limit was coverd by branches off a tree, is this a valid appeal? Thanks for any help.

    So its okay to speed as long as there are no speed cameras? I don't even see how this would be a case for appeal. You knew the speed limit, but thought as no cameras you could get away with it? Yup, awesome appeal.
  • HO87
    HO87 Posts: 4,296 Forumite
    You make no mention of whether you were stopped at the time or the paperwork arrived through the post - although I suspect the latter.

    On the basis that you received notification through the post by means of a Notice of Intended Prosecution (NIP) then you need to understand that built in to that letter is a formal, legal requirement that you identify the driver at the time of the offence. You must reply so that it is back with the police/safety camera unit within 28 days - from the day you received it. If you fail to respond as required - and that includes pretending that you do not know who the driver was, for example - within that time you may well find yourself on the receiving end of a court hearing, a hefty fine and a mandatory 6 points.

    Respond properly, within the time limit and (assuming that the offence did not occur in Scotland) you are likely to be sent an offer of attending a speed awareness course (SAC). If you have been on such a course in the last 3 years you will not be eligible. The course will cost - and these vary depending on which force area this occurred in - but you will not incur any points.

    If this happened in Scotland or you have previously been on a SAC then at the alleged speed you are likely to be offered a conditional offer of fixed penalty - £100 plus 3 points.

    The requirement that camera signs be prominently displayed in areas where enforcement is carried out long ago ceased to be a requirement. Describing it as a valid grounds for appeal is in anyway to misunderstand the system. The only real means of appeal in such a situation is to decline all offers and let the matter proceed to court. In these circumstances that would cost considerably more that doing the course or taking the ticket.

    This all presumes that provided you are the registered keeper of the vehicle that the NIP arrived within 14 days of the alleged offence. If the vehicle you were driving is not registered in your name (a company or a friend's car, for example) then the first NIP will have gone to the registered keeper and that is likely to explain any delay. There is no time limit on the service of any subsequent NIP's. If the NIP was delivered late then that does not release you from the requirement that you respond, identifying the driver within 28 days of the receipt of the NIP.

    Your choice at the end of the day.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
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