Author Topic: Any grounds to Appeal an NIP on M1 temporary/variable speed limit?  (Read 1571 times)

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Any grounds to Appeal an NIP on M1 temporary/variable speed limit?
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Hello there,

I was driving south from Leicester towards London on the M1 at 23:11 on 1st Sept. There had been roadworks and a lowered temporary speed limit of both 40 and 50. I had passed these (or so I thought) some time before. Rather importantly (I suspect) I had not seen a National Speed Limit Sign, but as the roadworks were some way behind me and the four lanes were completely free of anything but tarmac and other cars, I assumed we were back to 70 mph. I knew I was approaching a camera, (bewteen J15 & J 14,) but kept on going at 70, so was rather surprised when the camera flashed. A good couple of miles further on, more temporary speed limits appeared on the gantries for 50 mph.

I was (understandably, I hope) annoyed, especially as it wasn't a lack of concentration, but clearly an honest mistake, but I am fully aware that has no bearing in law. I suspected I didn't really have any excuse and that I was going to be done for 70 in a 50, or even worse, a 40. A couple of miles later, temporary speeding limit signs for 50 mph reappeared, and some minor roadworks, so I assumed that was that.

However, the NIP came through today, and I was caught doing 70 in a 60 (Exceed a variable speed limit'.) Whilst I realise my case may not have got any stronger, I am certain I saw no 60 mph signs before the camera - and there was certainly nothing on the gantry the camera was on. Hence my surprise at being flashed, and my subsequent surprise at the limit being 60.

I was wondering if anyone thought I had any chance of appealing a ticket for a lack of signage around the 60 mph limit and if there was any law for how close a sign must be to a camera to make it valid?

I could complain about an unnecessary speed limit on a completely clear stretch of four lane motorway but I know that is pointless and would rightly get short shrift here. But I wondered if anyone thought I had any right to ask for further information or appeal?


Many thanks
Alistair

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Re: Any grounds to Appeal an NIP on M1 temporary/variable speed limit?
« Reply #1 on: »
You can ask for any photos "to help identify the driver" (do not ask for "evidence"). They will normally supply photos, including one showing your car passing the gantry with the limit displayed.

You can not "appeal" a NIP: it is merely a notice. After you've named the driver, you should get the offer of a course (if you qualify) or a Fixed Penalty. If you want to fight it, you have to ignore those offers, and eventually you will have your day in court. Probably a very expensive one.


Re: Any grounds to Appeal an NIP on M1 temporary/variable speed limit?
« Reply #2 on: »
Thank you. I have gone to the Northants site and checked the photos. I'm (still!) slighty annoyed as I'm convinced I looked up, I knew there was a speed camera, and even I'm not stupid enough to fly through a camera ten miles over the limit and think that would be ok.

Unfortunately it would appear I am. There is a photo of the 60 limit, and the only conclusion is I somehow did not see it. On the plus side, I just worked out it is more than two years since my last speed awareness course, so hopefully I can avoid the points. But whichever way, I shall have to wear it.

Thanks for your help and saving me an over-confident and, as you say, rather expensive day in court.

Regards
Alistair

Re: Any grounds to Appeal an NIP on M1 temporary/variable speed limit?
« Reply #3 on: »
I just worked out it is more than two years since my last speed awareness course, so hopefully I can avoid the points.
Which is no good unless it is more than 3 years since the last offence for which an awareness course was done.

Re: Any grounds to Appeal an NIP on M1 temporary/variable speed limit?
« Reply #4 on: »
Ah. Bugger.