Author Topic: 50mph in 30 zone but police officer thinks there was only 2 entrances to zone, there is 3  (Read 4629 times)

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The issue you have is that you passed a repeater before you were snapped.

Another issue is that will a judge believe you didn’t know the local area but knew it well enough to travel down what appears to be a farm track which conveniently just happens not to have a terminal sign on it?

If you do take it to court refer to the by way by its name rather than referring to it as a byway

Is there any reason you keep writing “BYWAY” all in caps? It makes my teeth itch.

Do some googling for the “envelope defence” - IIRC, the defence doesn’t work if there is an “entrance” that isn’t properly signed but that wasn’t the one you used. It stands to reason that if you did use an “unsigned” entrance then the defence ought to be available to you.
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.
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Here is Lincolnshire Council TRO map of the BYWAY joining the highway

https://ibb.co/vvhqGmTn

Linwood village clearly shows the 30mph limit

BYWAY Willingham lane is blank, so assume no TRO

Therefore, as there is no street lighting, doesn't the law say national speed limit of 60mph unless signs state otherwise?

This link is the live TRO map for Lincolnshire - https://lincolnshire.statmap.co.uk/tro/map.html?login=tro_public

Market Rasen is at approx 20 degree up right when scrolling out from Lincoln

Again thanks for the help


Is there any reason you keep writing “BYWAY” all in caps? It makes my teeth itch.

Do some googling for the “envelope defence” - IIRC, the defence doesn’t work if there is an “entrance” that isn’t properly signed but that wasn’t the one you used. It stands to reason that if you did use an “unsigned” entrance then the defence ought to be available to you.

Apologies, It's just a habit as the sites always seem to mention byways in capitals

And thank you Southpaw82 for the 'envelope defence' advice, going to google it now

The issue you have is that you passed a repeater before you were snapped.

Another issue is that will a judge believe you didn’t know the local area but knew it well enough to travel down what appears to be a farm track which conveniently just happens not to have a terminal sign on it?

If you do take it to court refer to the by way by its name rather than referring to it as a byway

Apologies for not acknowledging this disgruntchelt

I hadn't passed a repeater when his blue lights came on.

I think the second I became visible to the officer in his car with his 'Unipar laser' he blue lighted. At that moment I was thinking he was going to speed off to an emergency, until he started following me so I pulled over.

I would 100% bring this up in court as I feel this is also an important factor that plays in my favour

The issue you have is that you passed a repeater before you were snapped.

Another issue is that will a judge believe you didn’t know the local area but knew it well enough to travel down what appears to be a farm track which conveniently just happens not to have a terminal sign on it?

If you do take it to court refer to the by way by its name rather than referring to it as a byway

Apologies for not acknowledging this disgruntchelt

I hadn't passed a repeater when his blue lights came on.

I think the second I became visible to the officer in his car with his 'Unipar laser' he blue lighted. At that moment I was thinking he was going to speed off to an emergency, until he started following me so I pulled over.

I would 100% bring this up in court as I feel this is also an important factor that plays in my favour

Fair enough about the repeater, I missed that you hadn’t passed it.

If you mean you’ll call it by way in court rather than Willingham Lane I think it would hurt your defence.  Saying I came along Willingham Lane and didn’t pass any 30 sign and the TRO fails to mention Willingham Lane at all in terms of where the limit starts or any signs it plays better imho.

Thanks for that disgruntchelt

I cant see how it can't stand in my favour and this is what I'm getting concerned about when standing up in court

In my eyes its a no brainer that the ticket should be dropped.

I can't see how they can even enforce this area as it simply isn't signed adequately

What I'm concerned about is whether they can say: 'We don't believe you came from Willingham Lane as you have no proof so this ticket stands'

 


Absent any evidence that would tend to contradict your version of events, I would suggest that your evidence would have to come across as particularly unconvincing for the bench to find beyond any reasonable doubt that you did not enter from the BOAT.

I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Do you have the timeline activated in Google maps?