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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70413
Experience:  Over 5 years in practice
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Dear Sir or Madam I have been caught speeding twice in the

Customer Question

Dear Sir or Madam I have been caught speeding twice in the past 7 Weeks, both are SP30.
I have been informed that the Police cars should be out in the open when undertaking this
operation. On both occasions the police car was hidden. Have I got any chance in your opinion of contesting these summons. Yours Faithfully XXXXX XXXXXe.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Why do you believe you should be able to see the police presence?
Customer: replied 4 years ago.

FOR JOMO1972 I thought this was a Law and asked when I went to the police station and they said "their officers were trained so that you should be able to see the car" and suggested I contact a solicitor for advice.



Expert:  Jo C. replied 4 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.
All that is a complete myth I’m afraid.
There is no obligation to highlight the presence of a speed detection device at all. They are perfectly free to high them behind overgrown trees and catch motorists by stealth in law. Speeding is a crime like any other. The police are under no obligation to warn people of their crime detection methods. In fairness, if test purchase officers had to warn people of their presence they would never catch any dealers and the different here is just one of degree unfortunately.
The ACPO guidelines do say that they should be highlighted. They are just guidelines and not law. Many of the Constabularies ignore them and there has been case law that weakens any need to enforce them.
What they cannot do in law is obscure the speed limit signs in any way. Then the motorist would have a challenge. There are only three automatic speed limits in the UK. The first is 30 mph in a restricted zone signed by street lights, the second is 60 mph in a single carriageway without street lights and the third is 70 mph on a motorway. If they want to vary those limits then they need authority from the Department of Transport and they need to erect signs that amount to ‘adequate guidance’ under S85 Road Traffic Act.
Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.
Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.