Appealing 3 points? 10 September 2022 at 1:45PM in Motoring 42 replies 2.9K views

StevenB12

Hey guys, how are you all doing?

I got clocked by a manned CCTV unit supposedly doing 74mph on the motorway, but vehicle tracker says I was doing no more than 72 for the journey.

I've been charged with fine and 3 points, haven't accepted yet, is it worth appealing based on the tracker? I've had conflicting advice, ironically one of my neighbors is an ex policeman and he said most manned and stationary CCTV cameras won't flash unless you're doing 5mph over to account for your 10% plus, but this can vary but that tracker information is rarely relied upon as they can be inaccurate to more than your speedo.


Is it worth appealing or accepting the fine? 

Cheers

TadleyBaggie

Never take advice from a policeman, ex or not. You can't appeal something that hasn't happened. You either accept the 3 points and fine or you take it to court and defend it.

Manned units never flash. The tracker data almost certainly cannot be relied on, it will probably only log speeds at intervals and not instantaneous speeds. What was the speed limit?

StevenB12

70 speed limit, as you said not reliable checking the tracker but checking if for the length of motorway I was on speed varies from 68-72mph but never above that. 

TadleyBaggie

Something doesn't add up here, action wouldn't be taken unless your speed was 79 or greater (10% + 2). It is unheard of prosecutions being undertaken below this. Suggest you take this to Pepipoo.

Manxman_in_exile

What was the speed limit?

If it was 70mph it is extremely unlikely that they would take any action against you unless they'd clocked you at at least 79mph.  (Enforcement is meant to start at limit + 10% + 2mph which for a 70 limit would be 79mph).

If they are after you for speeding at 74mph it is likely that the limit was 60mph (variable speed signs?) so any evidence that you were travelling at 72mph will only prove the offence.

And in any case, tracker information from your vehicle won't be admissible as evidence as nobody knows how reliable it is - or isn't...

[Edit:  Cross-posted with TadleyBaggie.  @StevenB12 - if it was a 70 limit no way are you being prosecuted for speeding at 74mph... ]

Brie

TadleyBaggie said:

Something doesn't add up here, action wouldn't be taken unless your speed was 79 or greater (10% + 2). It is unheard of prosecutions being undertaken below this. Suggest you take this to Pepipoo.

why wouldn't there be any action if a driver is speeding??  Even the OP admits s/he was.  Lots of tickets get issued for less than your suggested 10%+2.  I admit it seems a bit extreme to fine someone for going a small amount over but nearly 10 mph would be completely reasonable.    

StevenB12

Manxman_in_exile said:

What was the speed limit?

If it was 70mph it is extremely unlikely that they would take any action against you unless they'd clocked you at at least 79mph.  (Enforcement is meant to start at limit + 10% + 2mph which for a 70 limit would be 79mph).

If they are after you for speeding at 74mph it is likely that the limit was 60mph (variable speed signs?) so any evidence that you were travelling at 72mph will only prove the offence.

And in any case, tracker information from your vehicle won't be admissible as evidence as nobody knows how reliable it is - or isn't...

No variable speed limits on the stretch of road I was on, at least not at the time I was driving, and if it was quite a few people must have got fines the same time as me for overtaking lol. 

As I said paperwork I was exceeding 70 mph limit and was clocked at 74mph.

Unfortunately I had a speed awareness about 2 months shy of 3 years

400ixl

Your tracker is unlikely to be taken as evidence as it is not in anyway a regulated and calibrated device. They are not that accurate either.

What motorway was this and was is it one with a variable speed limit and therefore you were clocked doing more than you think over the speed limit?

Manxman_in_exile

Brie said:

TadleyBaggie said:

Something doesn't add up here, action wouldn't be taken unless your speed was 79 or greater (10% + 2). It is unheard of prosecutions being undertaken below this. Suggest you take this to Pepipoo.

why wouldn't there be any action if a driver is speeding??  Even the OP admits s/he was.  Lots of tickets get issued for less than your suggested 10%+2.  I admit it seems a bit extreme to fine someone for going a small amount over but nearly 10 mph would be completely reasonable.    

As @TadleyBaggie says, prosecution only starts at speed limit + 10% + 2mph.

If you genuinely know of anybody* who has been done for a slower speed than that, they would like to know over at Pepipoo as it is apparently unheard of.

*Lots of people complain that they've been done for being only 2mph over the limit, but when they've been asked to show the paperwork they turn out to have been mistaken...

Manxman_in_exile

StevenB12 said:

Manxman_in_exile said:

What was the speed limit?

If it was 70mph it is extremely unlikely that they would take any action against you unless they'd clocked you at at least 79mph.  (Enforcement is meant to start at limit + 10% + 2mph which for a 70 limit would be 79mph).

If they are after you for speeding at 74mph it is likely that the limit was 60mph (variable speed signs?) so any evidence that you were travelling at 72mph will only prove the offence.

And in any case, tracker information from your vehicle won't be admissible as evidence as nobody knows how reliable it is - or isn't...

No variable speed limits on the stretch of road I was on, at least not at the time I was driving, and if it was quite a few people must have got fines the same time as me for overtaking lol. 

As I said paperwork I was exceeding 70 mph limit and was clocked at 74mph.

Unfortunately I had a speed awareness about 2 months shy of 3 years

Can you post up an image of the paperwork showing that they are pursuing you for doing 74 in a 70?  (Obviously redact your name and any other information that will identify you)

StevenB12

400ixl said:

Your tracker is unlikely to be taken as evidence as it is not in anyway a regulated and calibrated device. They are not that accurate either.

What motorway was this and was is it one with a variable speed limit and therefore you were clocked doing more than you think over the speed limit?

It was a section of A1 near Doncaster. I don't recall any variable speed signs on that section that were displayed when I was driving and it was quite a long stretch before I did get to a variable sign which went down to 40mph at the time