Author Topic: Alleged speeding A30 Plusha jct with B3257  (Read 3255 times)

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Alleged speeding A30 Plusha jct with B3257
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I have been sent a NIP of an alleged offence of 59 in a 50mph temporary roadworks with a picture taken by a camera van parked at the side of the road. I don't doubt or dispute that I was travelling at 59mph, but I'd like to see some evidence that the 50mph limit was correctly put in place. Where do I find this information or do I have to challenge the prosecution and put them to strict proof that the 50mph limit was correctly and legally instituted?

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Re: Alleged speeding A30 Plusha jct with B3257
« Reply #1 on: »
You almost certainly would have to refuse any offer of a course or fixed penalty and take the matter to court and plead not guilty. However if you then discover you were indeed within the 50 MPH limit after all, it is going to cost you a lot more than the course or fixed penalty.

What you need to do is confirm the name of the driver. However if before you do that, you could ask for photographs to "Aid in the identification of the driver".


Re: Alleged speeding A30 Plusha jct with B3257
« Reply #2 on: »
Thank you, @FuzzyDuck, for your swift reply. I have all those. If you use their online portal, you are given only the option of accepting guilt online or challenging - by post. I don't want to do either of those just yet; simply confirm it was me. I have waited for the traditional paper S172 form so I'm happy to complete that and agree it was me driving. However, I remember comments made on the original Pepipoo site that it was extremely rare for roadwork speed limits to be set up in compliance with the legislation and, having won a case against a council after proving their road signage was incorrect, I know it can happen. I am quite happy to do some legwork but don't know where to start looking.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #3 on: »
Contact the council or highways authority responsible and ask for the TRO that implements the temporary speed limit.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #4 on: »
Bear in mind ha you must respond o the request for driver's details within the 28 days allowed and you must respond to it even if you establish that the limit was not lawful.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #5 on: »
Many thanks. I do indeed, @NewJudge; you have to be careful as if you respond online it's all rolled up into one response. You only get three options; guilty, it wasn't me or I'm going to challenge this so won't respond online. I have completed the paper S172 reply as I need time to explore this a bit more. Christmas doesn't help! Thank you @Irksome as well; I am guessing that on the A30 it will be National Highways?

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #6 on: »
Yes Highways England put the limit in place with support from the police, council and local councillor after the recent fatality there. I think the temporary order may  have been published in the Cornishman newspaper, or whichever one covers that area.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #7 on: »
If you are replying by post make sure you keep a copy of yor reply (you'd be surprised how many people don't...) and get a certficate of posting from a Post Office counter.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #8 on: »
I have been unable to locate the TTRO online, although I have now found that the roadworks are listed as NOMS-406547. Having checked that no previous FOI request has been made for this information, I have therefore today submitted an FOI request to Cornwall Council.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #9 on: »
Don't forget to heed the advice given by NewJudge to make sure that you respond to the S172 request as this may well time out before you receive any response to your FOI request. (The council are allowed to take up to 20 working days for this which could mean that you may not hear anything until the end of January.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #10 on: »
Thank you; that was posted yesterday.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #11 on: »
The TRO is a public document: you shouldn't need a FOI request. Try a quick phone call to the council.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #12 on: »
Thanks, 666; the request was couched as a request for supply of the document in the first instance and FoI if it wasn't otherwise available. As the holding reply has come from their FoI department, different from that I sent it to, I surmise that it is going to be handled as an FoI.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #13 on: »
I surmise that it is going to be handled as an FoI.

It can’t be, as it’s exempt information under s 21 of FOIA because it’s available to you by other means.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Alleged speeding A30 Plusha jct with B3257
« Reply #14 on: »
I've found this public notice online.