TRAP Speeding ticket appeal driving down m25 to leatherhead.

TRAP Speeding ticket appeal driving down m25 to leatherhead.
Posted by Authority on 09 Jan, 2025 11:42
This is clearly designed to be a speed trap as there werent even any roadworks on road, speed was already dropped from 70 to 60. Then only on barricade where camera was, was it dropped to 50. Digusting especially due to how similar a 6 and a 5 are when on the board of overhang barricade

I was sent the ticket well over 14 days after the alleged offence (although they say they had wrong address initially) so can’t be charged from a legal perspective anyway, i was asked if i was the driver on 29th of November for an alleged offence on the 19th of September at 1:35am. I admitted i was the driver but not that i should be charged of anything. I then received an offer of fixed penalty/ speed awareness course on the 13th December nearly 3 months after the alleged
Offence.

I actually remember the day of the alleged offence well as often highway maintenance put cones on the road even when there is no work being done, or for miles before the work, to create a speed trap by reducing the speed limit on clear/empty roads.

The speed on the barricades was changed from 70 down to 60 NOT 50, which is the speed i was doing (the camera would not have flashed at my speed, which takes into account circa 10% leeway) i think a jury would also agree eyesight on a speedometer needle is not the clearest

ALSO, As i was going/ approaching the last Bridge/barricade it then signalled a 50 speed limit (on the very last barricade)

I remember the camera flashing and being extremely surprised, i assumed a mistake and thought nothing of it and that i wouldn’t receive anything as it must have been a malfunction.

Bearing in mind this is an average speed camera too, it would be nearly impossible to change an average speed of previous barricades (a few miles long) down to 50…

A 60 sign is also very similar to a 50, i am curious to see how many other people were flashed that day.

I have never been flashed and charged by a speed camera before, this is my first alleged offence and appeal ever as i know i didnt nothing wrong, especially looking back at nearly a decade of driving and no offences like this

I had the option of a speed awareness course (no points or fine) but have chosen this route as i know i did nothing wrong

I have a history of paying fines that are legitimate even if i don’t agree/like them, I paid two congestion charges for (£90x2) paid recently even though i was never notified i was in a congestion zone and was asked by a colleague to travel to the location.

See there attached response. I dont blame police, this is the council and highway maintenance trying to get every penny they can

I still plan on going to court and represent myself, if i lose i also plan on not paying, presumably i cant go to prison for such a minor offence. I hate people who basically steal money from the public. I would rather pay a lawyer more and have morals than pay even the smallest amount to such bogus

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#1 Reply
Posted by Southpaw82 on 09 Jan, 2025 12:38
If you’re fined and refuse to pay then you can very much go to prison, yes.

#2 Reply
Posted by mickR on 09 Jan, 2025 13:56
you say they had the wrong address, is/was your V5 not up to date?

#3 Reply
Posted by 666 on 09 Jan, 2025 15:22
Quote from: Authority on 09 Jan, 2025 11:42

See there attached response. I dont blame police, this is the council and highway maintenance trying to get every penny they can

Any fine or fixed penalty goes to the Treasury. Neither the council nor Highways England have any financial incentive.

#4 Reply
Posted by NewJudge on 09 Jan, 2025 15:44
From your description I assume you passed a number of overhead gantries which displayed "60" and finally one which displayed "50" and it was this final one which flashed and resulted in enforcement.

This is not an average speed stretch. It is a variable speed limit motorway, and the variable speed is displayed on each gantry. You must not pass a gantry in excess of the speed displayed, regardless of what speed was displayed on the previous gantries.

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I still plan on going to court and represent myself,

If my assumption above is correct, how do you intend to defend this charge in court? The police will probably produce a photograph of your car together with one of the speed displayed on the gantry, taken at the same time.

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i think a jury would also agree eyesight on a speedometer needle is not the clearest

There will be no jury involved. Your trial will be judged either by a District Judge sitting alone or more probably by a Bench of three magistrates. If you cannot read your speed using your speedometer you should consider either getting your eyesight checked or having a replacement speedometer installed. Whatever is the cause of the problem, it will not provide a defence to the charge.

If you are convicted (and your speed was 65mph or less) you will pay a fine of half a week's net income, a surcharge of 40% of that fine and prosecution costs of around £650. You will also have three points imposed on your driving record. The court will make a "collection order" and if you do not pay as directed measures will be taken by the fines enforcement office to recover the sum from you. This may mean bailiffs visiting your address. If that is unsuccessful the matter will be returned to court and the court may make an order to have monies deducted from your earnings or benefits, as appropriate. If that is also unsuccessful, ultimately you can be sent to prison for non-payment.

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I dont blame police, this is the council and highway maintenance trying to get every penny they can

Neither the council nor the highways authority have anything to do with this. Whilst the reduced limit is imposed by National Highways, they receive no benefit from it. Course fees are split between the course providers and the police; sums paid in fines, fixed penalties and surcharges go to the government's funds; prosecution costs go to the prosecuting authority.

Do let us know how it goes.

#5 Reply
Posted by andy_foster on 09 Jan, 2025 16:59
This thread was moved to the Flame Pit from the active cases forum, because the OP was clearly not seeking advice, but to have a rant, and to inform those who might be interested how he was intending to stick it to the man.

#6 Reply
Posted by Freecall on 09 Jan, 2025 17:15
Quote from: Authority on 09 Jan, 2025 11:42

I still plan on going to court and represent myself, if i lose i also plan on not paying, presumably i cant go to prison for such a minor offence.

If offence you mean is simply a minor sppeding offence then you are correct but if the offence to which you refer is the non-payment of a court fine then you most certainly can and under the circumstances you describe probably would.

#7 Reply
Posted by The Slithy Tove on 09 Jan, 2025 17:24
I suggest the OP gets over the denial and anger phases of the Kubler Ross Change Curve, and moves on towards the acceptance phase before the offer of the speed awareness course expires.

#8 Reply
Posted by mickR on 09 Jan, 2025 17:45
do they do a course called, reality awareness ?

#9 Reply
Posted by BertB on 10 Jan, 2025 10:32
Loved that OP, it was nearly a full house! I just need to know the posters views on the Covid vaccination and Bill Gates.

#10 Reply
Posted by roythebus on 10 Jan, 2025 17:22
Bulls hit bingo?

#11 Reply
Posted by Lodesman on 14 Jan, 2025 19:54
Quote from: Freecall on 09 Jan, 2025 17:15
Quote from: Authority on 09 Jan, 2025 11:42

I still plan on going to court and represent myself, if i lose i also plan on not paying, presumably i cant go to prison for such a minor offence.

If offence you mean is simply a minor sppeding offence then you are correct but if the offence to which you refer is the non-payment of a court fine then you most certainly can and under the circumstances you describe probably would.
It's been a while my case but IIRC a finding by the court of "wilful refusal" or "culpable neglect" by the defendant in paying a fine would certainly result in a sentence of imprisonment (initially suspended with a condition of payment), then activated if found in breach of the condition.