Speeding ticket for doing 34 in a 30 zone despite being in a 40

Malcolm45

New here so hope I'm posting in the right place. The other week I went through a speed camera at 35MPH (speedo is obviously slightly out) as it was a 40 zone approaching a 30. The speed camera itself was in the 40 zone, as were about 3/4 of the lines with the final 1/4 being in the 30 zone. I slowed down to 30 before I passed the sign. The camera didn't flash or anything but I received a NIP for doing 34 in a 30 zone. I challenged this and got them to send me the photos and my car can clearly be seen before the big 30 sign and the big 30 in white paint on the road. On the opposite side of the road there's a big 40 painted on the road in white paint as well so the part I was on was clearly 40 MPH.

I was always taught that you have to be doing 30 by time the very tip of your car gets past the sign, my car was about half a bus length away from the sign (hence why I was slowing down from 40 to 30) - How do I go about contesting this as it's highly unfair! I'm also pretty sure that drawing the speed camera lines through two speed zones should be illegal and just a poorly concealed money making scam?

Moto2

Got a Google Maps link?

Johno100

Moto2 wrote: »

Got a Google Maps link?

Yes, I think we definitely need that. They can be sneaky with the placing of speed cameras but what the OP describes takes the biscuit.

jimjames

If you have the photo can you share that too? Cover number plate if needed

pc1271

if it were me, I think I'd take the risk of going to court rather than take the fine. If the picture shows you before the 30 sign, obviously slowing down to 30, surely any human being will be on your side.

keith1950

The website of my area police force clearly shows that they use a threshold of 10%+2 so for a 30mph anything under 35mph isn't enforceable.Check the website of your local area force.

I know of several people who have returned the paperwork stating that the speed was under the advertised threshold and they have not had any comeback.

I think this occurs because the ticket office just automatically sends a NIP for anything over 30mph.

bigjl

10% + 2% sounds like ACPO Guidelines.

You can be nicked for less though, but these days you are more likely to get offered a speed awareness course.

facade

Best to join pepipoo and post in the Speeding & Other Offences forum.

34 is below the threshold at which most forces prosecute, and you have the problem with the limit signs.

Speed limits start where the Traffic Regulation Order says, and the sign should be placed at this point.
With a photo showing your speed as 34 whilst slowing down before the 30 sign, I'd have thought you could go to court and plead not guilty.
However, you'd think many people would have been caught by this camera- they don't maintain the ones that catch nobody, and the courts would be jammed with people pleading not guilty, so something doesn't seem quite right with the description.

GabbaGabbaHey

keith1950 wrote: »

The website of my area police force clearly shows that they use a threshold of 10%+2 so for a 30mph anything under 35mph isn't enforceable.

10%+2 is only an ACPO guideline. Any speed in excess of the speed limit is enforceable - there have been cases of prosecution for 31mph in a 30mph zone.

Marktheshark

ACPO do not apply to camera partnership projects.

You have two choices if your evidence is correct and this is the deal.

Pay up for an easy life and deal with higher insurance premiums as well or take the course of offered.

Go to commercial sitting of the magistrates court where you are usually found guilty by default in a sheep dip sham hearing.
Then appeal to a real court with judges who have to follow the law as written who will if your evidence dis-proves the allegation strike out the magistrates commercial court ruling and refund all the charges and costs.

soolin

keith1950 wrote: »

The website of my area police force clearly shows that they use a threshold of 10%+2 so for a 30mph anything under 35mph isn't enforceable.Check the website of your local area force.

I know of several people who have returned the paperwork stating that the speed was under the advertised threshold and they have not had any comeback.

I think this occurs because the ticket office just automatically sends a NIP for anything over 30mph.

As has been said the limit is absolute and even 31 In a 30 can be prosecuted, whether anyone would bother is a different matter, but it is definitely not unenforceable.

If you have seen written guidelines that state categorically that your local cameras never prosecute at Lower speeds then let the people on Pepipoo know, they are always interested in official things like that as it is almost unheard of.

http://forums.pepipoo.com

OP, I would also suggest that you take your question to the same site. With existing cameras it would be very rare to have them set in the wrong area. , the guys over there will be able to check the details for you to confirm where the camera is actually placed within the zone.

As for the NIP, whatever you do get that signed and returned within the 28 day time frame.