Free Traffic Legal Advice

Live cases legal advice => Speeding and other criminal offences => Topic started by: neutrino on May 27, 2024, 05:45:23 pm

Title: Re: 57 in 40 :( Aspley Way, A406
Post by: The Rookie on June 20, 2024, 09:08:32 am
I think it could have been worse given the alleged speed

Speeding cases are handled very much 'by the book' it was all but inevitable you would be offered a fixed penalty for that speed (or even up to 65mph) in a 40.
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: neutrino on June 19, 2024, 03:48:54 pm
Thank you, I understand the point now.

I think I will take this one on the chin, I think it could have been worse given the alleged speed

I will take one last look at the signage and send the doc back

Thanks all
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: The Rookie on June 19, 2024, 08:58:10 am
a material document came through my door with the offer of 3 points and a fine
While I think AF could have explained it better, it's immaterial in effect, if you take the matter to court any defects in it are a nullity (may surprise you, but that is the legal position) with respect to your guilt or innocence, so either you accept it as is or you prepare for the Police to take you to court.
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: neutrino on June 18, 2024, 05:52:22 pm
The first post was the NIP after which I responded with identifying the driver. At that point I had no idea what the offer was, just the nature of contravention

Today's post was after receiving the COFP, so a material document came through my door with the offer of 3 points and a fine

I understand if you feel there is nothing to be gained from this but updating the details of a new document having arrived... I disagree that is bumping the thread

Thanks for your time though

Title: Re: 57 in 40 :( Aspley Way, A406
Post by: andy_foster on June 18, 2024, 05:44:33 pm
So, basically you're bumping the thread.
Nothing material has changed, and you're basically asking the same question again.
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: neutrino on June 18, 2024, 05:40:53 pm
Hi Andy

Are you asking why I have attached the COFP? If that is the case, it is simply a checkpoint for the eyes of those who know more than me. I cannot pre empt what I dont know

Also I have no intention of getting anywhere close to the deadline of furnishing the details, but also I see no harm in getting more eyes on it

regards
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: andy_foster on June 18, 2024, 04:49:05 pm
I have received the attached Conditional Offer

Why?

You either accept the COFP (and make sure you comply with the requirement to provide identification details), or you don't. Absent a viable defence, the latter would seem foolhardy.

N.B. If there was some technical defect in the COFP, that would not invalidate subsequent proceedings after the expiration of the suspended enforcement period.
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: neutrino on June 18, 2024, 04:26:55 pm
All

I have received the attached Conditional Offer

Redacted and attached, will hold off responding for a couple of days in case any of you have any inputs

https://ibb.co/P6B4snN (https://ibb.co/P6B4snN)

Thanks in advance
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: neutrino on June 09, 2024, 07:03:18 pm
Thank you for both inputs. I will wait for the response from the MET and report back here

regards
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: Logician on May 28, 2024, 07:43:21 pm
The photo shows you passing a repeater sign, the relevant terminal sign depends on where you joined Western Avenue, but if it was at the Chiswick Roundabout it is HERE (https://www.google.com/maps/@51.5708906,-0.2320399,3a,75y,257.94h,79.59t/data=!3m6!1e1!3m4!1s0GlP7A8OdNNniCDlTQA5XA!2e0!7i16384!8i8192?entry=ttu)
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: The Rookie on May 28, 2024, 06:32:40 pm
The limit has to be adequately conveyed, that’s somewhat subjective but broadly you are looking for a pair of large terminal signs when you left whatever previous limit you were in and then regular smaller repeater signs. An exemption would be left a lower limit at a junction turning on to a more major road where terminal signs are not required and you are notified of the higher limit by repeaters.
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: neutrino on May 28, 2024, 05:42:25 pm
Thanks for your response.

I have sent the response to name the driver. I will also have a look at Google Maps and try to plot my route to see if theer are signage issues

Are there any known discrepancies or key things to look for?

regards
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: The Rookie on May 28, 2024, 08:27:41 am
To check 'everything', you need to check the Traffic Regulation Order' that sets the limit with the relevant highways authority, you also need to check the signage (though you can use Google Streetview to get an idea if it's OK).
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: neutrino on May 27, 2024, 06:00:28 pm
You have to name the driver (which I'm taking is yourself) regardless of any other matter, or you commit a six-point offence that comes with a large fine.

If you accept the speed measurement is correct, then unless you take issue with the signage a fixed penalty and 3 points is the best you can hope for. Pleading not guilty and losing at trial could cost the better part of £1,000 if not more.

Thank you, yes I will be naming the driver and sending it back tomorrow - no question there. I guess I was checking if everything is in order here as I would not be doing anywhere near that much over the limit knowingly over that much distance. But as mentioned it is possible I misread the whole thing. It was a 250+ mile day so I don't recall the instance
Title: Re: 57 in 40 :( Aspley Way, A406
Post by: cp8759 on May 27, 2024, 05:50:02 pm
You have to name the driver (which I'm taking is yourself) regardless of any other matter, or you commit a six-point offence that comes with a large fine.

If you accept the speed measurement is correct, then unless you take issue with the signage a fixed penalty and 3 points is the best you can hope for. Pleading not guilty and losing at trial could cost the better part of £1,000 if not more.
Title: 57 in 40 :( Aspley Way, A406
Post by: neutrino on May 27, 2024, 05:45:23 pm
Hi All

So after many years of 0 points I seem to have screwed up badly. I think I had the wrong speed limit in mind, looking at the numbers - but it was a complicated day and my mind was distracted to say the least

Not much more to say except please if you could have a look and advise that would be very very much appreciated

PDF of redacted document: Attached
Google Map: https://maps.app.goo.gl/VrQtxYCDW3jNWjvZA (https://maps.app.goo.gl/VrQtxYCDW3jNWjvZA)

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