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

StevenB12

Manxman_in_exile said:

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)

I can post an attachment tonight as I'm at work at the moment, but will pop back on tonight 

TadleyBaggie

Brie said:
Lots of tickets get issued for less than your suggested 10%+2.  

No they don't, over at Pepipoo there has never been a documented case.

ontheroad1970

Was it a dual or single carriageway (dual is divided by a central reservation) NSL are different for both.  If a single carriageway the speed limit will have been 60, not 70

TooManyPoints

Lots of tickets get issued for less than your suggested 10%+2.

Do they? I'm with Manxman. I always ask the same question whenever this is claimed and it is always asked on Pepipoo. As far as I am aware nobody has ever produced evidence that they have seen action below Limit + 10% +2mph.

I've been charged with fine and 3 points, 

Do you mean you've had a conditional offer of a fixed penalty? 

No variable speed limits on the stretch of road I was on, at least not at the time I was driving

But then:

I don't recall any variable speed signs on that section that were displayed

You not recalling them and them not being in place are two very different things. Before you named yourself as the driver (which I assume you have to have been offered the fixed penalty) you could have asked for "photographs to help identify the driver." When a variable speed limit is involved, most of the cameras in place take a photo of the vehicle and one of the illuminated speed limit sign at the same time.

Your only choice with this is to decline (or ignore) the FP offer and you will then see court action. You will have to plead Not Guilty. The prosecution will produce evidence showing the prevailing limit and of your speed being measured by an approved device. The burden will fall on you to show it cannot be relied upon to prove you were exceeding the limit. Simply turning up and saying "my tracker said I was only doing 72mph" will not do if, for no other reason, that speed is also above the limit. 

 

rigolith

TadleyBaggie said:

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?

On the other hand, the manned ones are often little more than random number generators. The hand held ones are a joke and the vehicle mounted ones are rarely operated correctly.

Theoretically the tracker data should cast reasonable doubt on any evidence the police have, but in practice the system is set up to railroad victims.

To the OP: you probably can't win. You might get lucky and convince the magistrate, but more likely it won't work. You could pay for someone to represent you, but it will cost you more than just taking the conviction will.

There is no justice for plebs I'm afraid.

Petriix

StevenB12 said:

Manxman_in_exile said:

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)

I can post an attachment tonight as I'm at work at the moment, but will pop back on tonight 

As usual we don't see the evidence. I'd be incredibly surprised if you really were charged so close to the limit. 

ontheroad1970

Petriix said:

StevenB12 said:

Manxman_in_exile said:

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)

I can post an attachment tonight as I'm at work at the moment, but will pop back on tonight 

As usual we don't see the evidence. I'd be incredibly surprised if you really were charged so close to the limit. 

Unless it is a single carriageway section with a 60mph NSL limit,

Car_54

ontheroad1970 said:

Petriix said:

StevenB12 said:

Manxman_in_exile said:

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)

I can post an attachment tonight as I'm at work at the moment, but will pop back on tonight 

As usual we don't see the evidence. I'd be incredibly surprised if you really were charged so close to the limit. 

Unless it is a single carriageway section with a 60mph NSL limit,

Of a motorway?

uknick

Have I missed the letter mentioning 74 in a 70?

I assume not, as they never are.

ontheroad1970

Car_54 said:

ontheroad1970 said:

Petriix said:

StevenB12 said:

Manxman_in_exile said:

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)

I can post an attachment tonight as I'm at work at the moment, but will pop back on tonight 

As usual we don't see the evidence. I'd be incredibly surprised if you really were charged so close to the limit. 

Unless it is a single carriageway section with a 60mph NSL limit,

Of a motorway?

OP says it was A1