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Messages - ukdriver1981

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"Yes, smart motorway speed limits can be changed manually by staff in the Regional Control Centres (RCCs), as well as being set automatically by computer systems."

"Manual Intervention: Operators in the Regional Control Centres also monitor the motorways via CCTV and data from the sensors. They can manually intervene to set speed limits and display warning messages or "Red X" lane closures in response to real-time events like accidents, breakdowns, or roadworks, overriding the automatic system when necessary."

This is what has happened I feel because someone has panicked that three lanes ahead are closed and all traffic has bottlenecked into the slip road.  However even at 50 it wasn't an issue as there was plenty of distance in which to slow down and react. 

If it was not due to an imperfect automated system than this is the only explanation left.  Someone switches it and the automatic grace period doesn't apply for the obvious reason that there is an imminent danger.  Don't forget a car behind us was also flashed - why would he be doing over 40 when it was likely the change came into his view - it's because he either did not have time to react and the grace period was not afforded to him either.

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their second photo shows the roundels being on 40 long after we passed them - not before, or just as we went under.  Why not?
The first photo of the car is timed 19:54:26 and the photo of the gantry is timed 19:54:27, so I'm not sure "long after" is accurate. These cameras have a minimum 10 second delay in enforcement after a speed limit change, and if challenged the police will turn up with expert evidence to show how the equipment works. The record also shows the 40 mph limit had been in force for over an hour at the time when you went past the camera.

Are you basically saying that the sign said 50 mph at 19:54:25 or 19:54:26 when you went past it, and it changed in the split second between 19:54:26 and 19:54:27, and the system that is meant to pause enforcement for 10 seconds was faulty, and the record showing when the limit last changes was also faulty?

You can advance that as a defence if you wish, but you will probably want to instruct an expert who can provide expert evidence about how the system could have malfunctioned, because the Crown Prosecution Service will undoubtedly instruct an expert of their own if challenged.

This can be an expensive approach though, see this case: https://www.bbc.co.uk/news/uk-england-hereford-worcester-49641063

Thank you for your reply.

Whilst it may seem implausible yes I am talking about finite moments here, as there is no alternative.  Their photo of the roundels is at 19:54:27.  Of course they will show my vehicle at the exact same time in support of that.  Why isn't there a photo of my vehicle passing underneath is the question and answer to all of this.  Yes it did happen in seconds and I would say a couple because we have travelled about 40 metres in that time. 

There is either an issue with the grace period not being implemented on the particular roundel/ gantry camera, or and I have read that the speed limits can be switched manually by an actual person yes a person - remember there was a far worse incident (of the two we had come through) up ahead and I think someone has panicked and grace period has not operated (perhaps this does not happen when a manual override occurs).  The entire motorway was closed off ahead and everyone was forced to slip off. A serious incident had taken place ahead and yes the speed ought to have been 40, but it wasn't.  None of what had happened ahead could be observed until passing under the gantry as you can see yourself from the bend in the motorway.

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No the only thing that is bull about this entire thing is that their second photo shows the roundels being on 40 long after we passed them - not before, or just as we went under.

Except that all all the photos you have posted here - those of your car and of the gantry - were taken at the same site within a second of each other. That is the evidence the police will use to convict your partner.

By all means persuade your partner to plead Not Guilty. You can both give your evidence that you saw the gantry sign displaying "50". The court will have to decide whether to accept your testimony (your recollections of the event) or that of the police (consisting of timed photographs). If convicted your partner is unlikely to see any change from £1,000.

The photographic evidence does not showing us prior to or passing under the gantry.  That evidence they have in their possesion - it is a full defence to this.

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So what are you actually telling all three of us - that we made it up? 

Your observation skills are quite poor it seems because I never said that. It appears that the 40 mph limit had been in place for about an hour before you activated the camera.

The real point you ought to think of is what can be proven in court.

You said our 'collective' observation skills are poor.

I appreciate what you are saying about speed limit duration not changing.  I have been aware of this from the off.  It is not correct.  I would not write to the Highways Agency, the Ticketing Office and on forums if I had any doubt whatsoever that we even might have been slightly wrong about what we saw.  We discussed it immediately and kept discussing it.  I predicted that something had gone wrong with the roundel/gantry and we would get an invalid NIP.  When we got it there was no shock, no oooh what the hell is this? or surprise - I just knew it was coming and it would be wrong.  That is why I am here.

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It was neither poor memory or observation.  We have 20+ year licences.  We are both professionals we have no points and never had them.  We both saw the limit and it was 50.  Our child even saw 50.  So what are you actually telling all three of us - that we made it up?  No the only thing that is bull about this entire thing is that their second photo shows the roundels being on 40 long after we passed them - not before, or just as we went under.  Why not? 

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I hope this works!

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The gantry shows 40. It's just not right. Our vehicle is not in the image.  There were hardly any cars around - no distractions no noise just us looking forward.

The only plausible explanation is that it has changed incredibly quickly underneath us and reacted in split seconds instead of allowing a grace period of 10 or more seconds to move away from it.  Another car was also flashed moments after - I kept saying we need his details as he must have seen the same thing!  Incredibly frustrating.

I will try to post the photo.

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Sorry yes and to your further point of course no issue with identifying and responding to the NIP- we intend to do so, it was just that I wrote to the ticket office first to try and have it  cancelled and see what evidence they had.  They sent the photos and what seems a generic response to everyone who contests anything.

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Yes I have the photos.  Saved as a photo on my computer and phone.  I cannot post it on here it seems.

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Hello all,

Please can anyone help with suggestions for this as it is extremely frustrating.

Basically we were on the M60 (a stretch of motorway and journey we do a lot) and for a sunday evening had already passed what was very unusually two incidents with speed changes on the overhead gantries (smart motorway in operation).

We then proceeded on the motorway and ahead was another speed limit which my partner (who was driving) and I observed to clearly be 50mph in a red circle ahead in the distance. It remained as this limit until we passed it.  Prior to this due to the previous incident we were only doing mid fifty so it was a case of slowing a little.

Nevertheless after we passed we saw a flash much to our astonishment.  My immediate reaction was that it was the motorway below (as this part after is a bridge).  There were no cars there and very few ahead or around us and so I realised we must have been flashed and the limit must have changed to 40 while we passed underneath without any knowledge.  I could not accept this and immediately checked with partner and she said she saw 50 all the way, and I even asked our child in the back who also repeatedly said "it was 50!"   My child looked behind and saw another flash so another car must have also been incorrectly flashed.  I said I bet we receive a NIP saying it was 40 when it clearly was not.  Lo and behold we did. This shows we were doing 51, which shows sticking to the 50 as observed, which the NIP however says we did this through a 40 limit which was simply not the case.

This is simply not right and unfair. We complied with the limit we saw (albeit 1mph above which within fair discretion does not lead to a NIP) yet the NIP received says falsely we did this through a 40 limit.  Now if we were breaking the 40 limit it would be more like 47-49, not 51, and even I would hold my hand up and tell my partner it felt too fast.  This was not the case.

If it helps after this gantry there was an incident ahead in the distance, which was not observable before the gantry.  In any event at no point did the limit change down from 50 to 40.  Even if it did it we should have been given time beyond the gantry to not be flashed as we had no knowledge of it changing.  What can we do about this?  The photo sent to us of the gantry whilst showing 40mph does not show us prior to it or after.  I think we were flashed around 10 seconds after passing it.

Please can someone advise how I can upload a photo of their evidence (redacted)?

Many thanks


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