Another speeding thread...
Originally Posted by GarethB,Sep 23 2009, 12:18 PM
The fact that the speed limit sign was obscured - especially as it's a 30 limit - could well be no defence at all.
They will point to things like the white lines in the middle of the road and the distance between the street lights. This, in particular, is an indicator of a 30 limit.
They will point to things like the white lines in the middle of the road and the distance between the street lights. This, in particular, is an indicator of a 30 limit.
if the evidence of speeding comes from the camera
then surely the camera (siting/testing/marking etc) must be fully compliant with the legislation, regardless of road markings - which only confirm what the limit is?
I vaguely recall that the back of Gatsos must be painted yellow
well if that was obscured, it would seem to me that there might be a failure to comply
what do the lawyers have to say?
I have an opinion, but I don't think it's as good as a lawyer's...........
Originally Posted by gaddafi,Sep 23 2009, 01:26 PM
I vaguely recall that the back of Gatsos must be painted yellow
Couple of interesting links here which may be good news
http://www.dailymail.co.uk/news/article-42...ured-hedge.html
And an official dft document here see page 2 http://www.dft.gov.uk/adobepdf/16438...04/aidememoire
and from the ABD, it's clear enough you haev a good case http://www.abd.org.uk/speed_limit_signs.htm#legal
http://www.dailymail.co.uk/news/article-42...ured-hedge.html
And an official dft document here see page 2 http://www.dft.gov.uk/adobepdf/16438...04/aidememoire
and from the ABD, it's clear enough you haev a good case http://www.abd.org.uk/speed_limit_signs.htm#legal
Originally Posted by gaddafi,Sep 23 2009, 05:26 AM
I have an opinion, but I don't think it's as good as a lawyer's...........
Originally Posted by gaddafi,Sep 23 2009, 02:26 PM
not sure about that Gareth
if the evidence of speeding comes from the camera
then surely the camera (siting/testing/marking etc) must be fully compliant with the legislation, regardless of road markings - which only confirm what the limit is?
I vaguely recall that the back of Gatsos must be painted yellow
well if that was obscured, it would seem to me that there might be a failure to comply
what do the lawyers have to say?
I have an opinion, but I don't think it's as good as a lawyer's...........
if the evidence of speeding comes from the camera
then surely the camera (siting/testing/marking etc) must be fully compliant with the legislation, regardless of road markings - which only confirm what the limit is?
I vaguely recall that the back of Gatsos must be painted yellow
well if that was obscured, it would seem to me that there might be a failure to comply
what do the lawyers have to say?
I have an opinion, but I don't think it's as good as a lawyer's...........
My thinking being that the defence of not being aware of the speed limit may not be applicable just because the sign isn't visible.
If it was the camera that was hidden then that's a different story.
Originally Posted by lovegroova,Sep 23 2009, 05:45 AM
Couple of interesting links here which may be good news
http://www.dailymail.co.uk/news/article-42...ured-hedge.html
And an official dft document here see page 2 http://www.dft.gov.uk/adobepdf/16438...04/aidememoire
and from the ABD, it's clear enough you haev a good case http://www.abd.org.uk/speed_limit_signs.htm#legal
http://www.dailymail.co.uk/news/article-42...ured-hedge.html
And an official dft document here see page 2 http://www.dft.gov.uk/adobepdf/16438...04/aidememoire
and from the ABD, it's clear enough you haev a good case http://www.abd.org.uk/speed_limit_signs.htm#legal
I am prepared to challenge it but not to the point where legal costs will start rising. If the magistrate doesnt favour me then i'll pay up and take it no further but i genuinely believe that I have a case and since the council came back after my letter/pics and removed the offending branch, then I think that favours my claim all the more.
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