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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was caught on M6 at about 11.30pm in 3/3/2015 by roadworks

Customer Question

Hello I was caught on M6 at about 11.30pm in 3/3/2015 by roadworks Average Speed camera at the end of the section. I was careful to keep to 50 for previous 2 miles but this camera was not seen plus the key point as from Sandbach services- there were NO signs saying the speed limit continues-many drivers were speeding up from here. so did I a little being unsure whether the limit was enforced still or not. I wanted to contest but didnt as I was working in London and could afford to take time off to attend court in Chester. I got £100 fine and 3 points. Key point- on that stretch they have aded new high vis electronic signs every 2-300 yards to tell drivers the speed limit continues. These were not there when I was caught. I have now 6 points and cant afford the extra risk and fines as the car is essential to my freelance job. Can I still appear? Should I- if so is there a strong chance to win? Thanks for your help.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you speeding?
Customer: replied 2 years ago.

As I said-- I observed the 50mph limit all through the roadworks section up to the Sandbach services, at that point it was not clear whether the speed limit was in force or not- so like others a started to increase speed but remained hesitant in case it may have been still 50mph. Others were speeding up rapidly. This uncertainty caught me in the camera at the very end of the section. I suspect many many motorists have also been caught by this --hence the change of signage later.

Expert:  Jo C. replied 2 years ago.
So you were?
I need to know what we are dealing with?
Customer: replied 2 years ago.

Yes the penalty notice said 59mph in 50mph zone

Expert:  Jo C. replied 2 years ago.
Are you asking if you should appeal?
What was the date of sentence?
Customer: replied 2 years ago.

Yes that is my question-is it worth appealing under the circumstances.

The date of sentence?? Matter did not go to court. The date of offence was 3/3/2015

Expert:  Jo C. replied 2 years ago.
It did go to court.
What was the date of the appearance?
Expert:  Jo C. replied 2 years ago.
Unless you accepted the fixed penalty?
Customer: replied 2 years ago.

You are not reading very well!! Maybe it's Friday evening!

I said the matter DID NOT go to court. Yes I did accept the fixed penalty for the reasons I have already explained.

Customer: replied 2 years ago.

This is taking too long...plus there is a long delay in your replies reaching me.

Expert:  Jo C. replied 2 years ago.
You said that you pleaded guilty which you would have to go to court to do either in person or by post.
I am afraid I am not going to be able to continue.
Opting out.
Customer: replied 2 years ago.

Pleading guilty = i meant I accepted that I was the driver at the time..hence accepted the penalty point and £100 fine. Sorry if I mislead you

Customer: replied 2 years ago.
Relist: Other.
Jo wasn't reading my extensive information enough to formulate an answer. Plus she misread my words of "pleading guilty" to the speeding offence as meaning I went to court- when I didnt and repeated that I didnt. It was merely my words to say I admitted to being the driver at the time of the offence. She then decided to opt out of the session! Typical arrogance of lawyers I am sorry to say, Please refer this matter to someone who knows how to communicate with ordinary citizens without the typical condescending attitude. I am not happy at having wasted 2 hours of my very valuable time here.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Just to be clear, do you accept you were doing over 50mph?
Customer: replied 2 years ago.

Hi Alex

I didnt think i was doing over 50 at the time as i was still careful throughout that zone. It was a surprise to be alleged tobe doing 59mph. I did challenge the police on this...asked for evidence..which they provided only a photo of my car in the dark. I did write to the police suggesting another car alongside mine may have triggered the camera.

Expert:  Ash replied 2 years ago.
Then you can plead not guilty if you did not do it. Then the Police have to prove that it was your car and you alone that triggered it.
But if you are convicted you will get a fine, points and prosecution costs of about £750 for a trial. But you can plead not guilty and put them to proof.
They need to prove it was your car and you driving. Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

The police have my reg number...but what are the chances they Can prove it was/not my car that triggered it. That is the question u need to clarify for me given the circumstances. Plus remember..the cheshire council later added more hi viz electronic signs saying "Speeding Enforcement still in progress" along all of this stretch of motorway. Why do this if there was no confusion on signeage at night?

So would i win the case given the circumstances.???

Expert:  Ash replied 2 years ago.
Unless it said national speed limit sign you should take it the speed limit was in force. But the Court may consider what they have done is wrong.
In fact the reason its says 50mph still in force means they are wrong.
So yes you should win on that basis. Its disgraceful that you are being prosecuted when it was not clear you were still in a 50mph zone. I would be minded to sue them if I were you.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex

Finally on this matter:-

1. Am I still within time limits to appeal/ask for a court hearing on this case?

2. so you suggest I have good grounds to win my appeal? (Cant afford to pay over £800 in costs!!).

3. How do I sue the Police? on what grounds and evidence?

Thanks for your good advice.

Rauf

Customer: replied 2 years ago.

Hi Alex


Finally on this matter:-


1. Am I still within time limits to appeal/ask for a court hearing on this case?


2. so you suggest I have good grounds to win my appeal? (Cant afford to pay over £800 in costs!!).


3. How do I sue the Police? on what grounds and evidence?


Thanks for your good advice.


Rauf

Expert:  Ash replied 2 years ago.
1) Yes
2) Well I think you may have an argument
3) You could sue for misleading, but I would see how your trial went.
Alex