Free Traffic Legal Advice

Hi all,

First time posting so be gentle.

I was driving back from Weston on the M5 yesterday, staying between 60/70 and I noticed that on 3 separate occasions there was a flash behind me. Im pretty sure the stretch of the M5 is variable and no gantries were lit.

My question is, do speed cameras usually go off for no reason? I don't usually drive on motorways and not sure if it's something to do with calibration or a random trigger to remind people that they are actually there?

Just found it really weird that they went off for no apparent reason.

From Cribbs Causeway (jn17) to Almondsbury (jn16) is covered by variable speed limits and Hadecs cameras. It doesn't look that far on the map but seems to go on for ages when driving. I've found the gantry signs can be easy to miss due to concentrating on the sheer weight of traffic especially going south. I've seen camera activations along there, not sure of the outcome, it's just a waiting game I'm afraid, 14 days of watching the post ...

When in 2022 was the offence for which you got 3 points?

snipI drive a van and the officer claimed he saw me using it in my hand above the steering wheel (the undercover police car was much lower than my van so he said that's the only way he could see me using it). I have only been driving ~15 months so as far as I can tell from what I've seen online, my licence will be taken off me.

Would I have any chance of a successful appeal after admitting to touching my phone to get the screen back on?

Thanks

I think 666 is agreeing with you, in that it's not hand held but that police may have seen it differently.

Absolutely, as the OP actually says the police claim to have seen him holding the phone, the debate around on the seat and being touched vs handheld is pretty academic. It needs some means of refuting the police claim to provide any glimmer of hope for the OP and, so far, I've not seen any.

Hi i am wondering if the last sentence invalidates the caution of speeding, this is due to the speed limit not being stated at the bottom - last sentence- ‘the speed limit at the time was mph’ or do i have to still accept the points

That isn't the full sentence - that part of the letter only applies to variable speed limits.

When I got caught a few years ago it was by a police motorcyclist. He was all in black with his bike parked behind him facing away from oncoming traffic so no hi-vis could be seen.

AFAIA Community Speedwatch rules can vary between forces but there are some common themes, some forces seem to add some more criteria:-

    1. Volunteers must follow laid down rules of conduct. The safety of the volunteers and all road users is paramount, volunteers must not stand in the road at any time.
    2. Approved high-visibility jackets must be worn at all times.
    3. Volunteers will only use approved equipment and will only use the equipment following final approval by the Police.
    4. Monitoring will only take place at locations approved by the Police.
    5. Volunteers must not attempt to conceal their speed monitoring activities from passing motorists.
    6. Monitoring is to be undertaken by a minimum of three volunteers at any one time.
    7. It is strongly recommended that at least one volunteer be in possession of a mobile phone.
    8. Monitoring only should take place. NO signals or gestures are to be made to drivers. Volunteers MUST NOT attempt to stop any vehicle.
    9. Checks should be carried out in daylight hours and in 20mph, 30mph and 40mph speed limit areas only.

Do you not have supply of a Courtesy Car as part of your normal policy?

There is one possibility here.

The offence wording of "Stop a Vehicle Within Pelican Crossing Limits" corresponds to the ZP97001 offence code. This then continues:

Contrary to regulation 18 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations 1997, section 25(5) of the Road Traffic Regulation Act 1984 and Schedule 2 of the Road Traffic Offenders Act 1988.

Now... The Zebra, Pelican and Puffin Pedestrian Crossings Regulations 1997 have been repealed, so they cannot prosecute you under that act. Legislation.gov likes to pretend it hasn't, but it has.

They should have given you a CoFP you with "Failing to Comply with a S36 Traffic Sign (endorsable) (manned equipment)" instead.

So if you are feeling lucky, you can ignore the CoFP, wait for the police to go to court, and hope they attempt to charge you under the incorrect act.

What about the Pelican Pedestrian Crossings Regulations and General Directions 1987.

All of the old mainstream banks will let you pay in a cheque via their mobile apps - that being Barclays, Lloyds, Natwest and HSBC. No idea about the others.

You can add TSB to that list.