Speeding ticket advice please.....

[Chris Akabusi]

got a speeding ticket the other week and i haven't got a ******g clue whats going on...

I was pulled over by a traffic officer for going over the limit. Given the circumstances, as to why i went over 40mph for about 5 seconds i thought it was incredibly harsh. Anyway.....

I was told by said officer that i needed to go and surrender my licence at my local police station within 7 days and call up a number on the slip to pay the £60 fine, or i had the choice to contest.

I went to my local station to give in my drivers licence and the man behind the counter said do i want to surrender my licence, or would i like to go to court? i said yes i will surrender my license and i also expressed a desire to contest the ticket.

The bloke disappeared for a couple of mins. then came back and gave me a hand written note as to where i need to write to, to contest the ticket and handed me my licence back and i was on my way.

I duly wrote to South Yorkshire Police to contest and a few days later received a response saying that this was not where i needed to write to (it didn't tell me where i needed to write to) and that as i had not surrendered my licence within 7 days, it would now be forwarded to the magistrates court.

As this is not what i was expecting and went back down to the police station to show them the letter and told them i had already said i didn't want to go to court and i had been in the weekend before to hand in my licence, which the officer gave me back . He checked the records and noted i had been in and given my licence details.

He then said that because i expressed a desire to contest, that constitutes to not surrendering my licence and thus it is now in the hand of the courts. At no point when i first visited to police station did the officer tell me this, so i left fuming to say the least.

This was now 3 weeks ago and i haven't heard i thing and I'm not sure who to contact or what to do.

 

[camerafodder]

If you're going to contest the ticket then this will have to be done in court. I would suggest you talk to a solicitor. Out of interest, what exactly are you contesting?

 

[C240Sport97]

if you were given a fixed penalty notice, you have 2 choices:

1. accept the fixed penalty, in which case you have to surrender your driving licence at a police station -- make sure you get a receipt

OR

2. you request a court hearing -- in which case you fill in the appropriate slip and send off. You retain your driving licence.

If you in addition have a 'producer', you need to show the driving licence at the nominated police station.

 

[Chris Akabusi]

If you're going to contest the ticket then this will have to be done in court. I would suggest you talk to a solicitor. Out of interest, what exactly are you contesting?

Thanks, i wish the officer at the station would have explained this at the time, as i probably would not have decided to contest, however he categorically did not.

I'm contesting as the fact that where i got 'caught' the road, so i was told goes from a 40mph zone to a 30mph zone, however whilst there are signs that state 40mph, there are none that state 30mph.

In addition, the reason why i sped up briefly was that i was pulling out of a junction, it was wheelie bin collection day and the bin lorry was obscuring my view.

I pulled out at the car coming down the road was coming down at some speed (couldnt see as the lorry was in the way), as i didn't want to make the guy coming down the road have to slow down, i put my foot down to get up to speed, but sadly went over the limit for a few brief seconds.

if you were given a fixed penalty notice, you have 2 choices:

1. accept the fixed penalty, in which case you have to surrender your driving licence at a police station -- make sure you get a receipt

OR

2. you request a court hearing -- in which case you fill in the appropriate slip and send off. You retain your driving licence.

If you in addition have a 'producer', you need to show the driving licence at the nominated police station.

again as said, i stated in the station i didn't want it to go to court when i was asked, but the officer on duty did not say that by contesting the ticket it would mean i have to go to court.

I think it's very poor communication on behalf of the police. If i did the same in my line of work, the financial service authority would come down on me like a ton of bricks.

 

[Chris Akabusi]

P.S thanks for the response..

 

[st13phil]

There is lots of good advice over at PePiPoo (there's also some less good advice too, but I'm sure you'll be able to sift the good from the bad).

As you have found out, the only way to contest the ticket is in court and, by failing to surrender your licence within 7 days - even if inadvertantly - you would appear to have got yourself a court appearance coming up. You have already said in your original post that you had, indeed, exceeded the limit "for about 5 seconds" so the offence would seem to be complete. As such, unless there's some sort of procedural c*ck-up, then it's doubtful you have a defence but you really must check that with a specialist motoring solicitor.

If, after taking professional advice, you decide that a guilty plea is more appropriate then you should make an early plea and ask the court to use their discretion to apply the same penalty as you would have received had you accepted the FPN as your initial visit to the Police Station mislead you as to the process to contest the ticket.

 

[Chris Akabusi]

There is lots of good advice over at PePiPoo (there's also some less good advice too, but I'm sure you'll be able to sift the good from the bad).

As you have found out, the only way to contest the ticket is in court and, by failing to surrender your licence within 7 days - even if inadvertantly - you would appear to have got yourself a court appearance coming up. You have already said in your original post that you had, indeed, exceeded the limit "for about 5 seconds" so the offence would seem to be complete. As such, unless there's some sort of procedural c*ck-up, then it's doubtful you have a defence but you really must check that with a specialist motoring solicitor.

If, after taking professional advice, you decide that a guilty plea is more appropriate then you should make an early plea and ask the court to use their discretion to apply the same penalty as you would have received had you accepted the FPN as your initial visit to the Police Station mislead you as to the process to contest the ticket.

Thanks, i'll take a look at the site.

I am really frustrated with the very poor communication from the police. It's the first offence of any kind that I've ever had and thus i have never encountered our legal system, so i know literally nothing.

I guess i should receive a letter from the courts in due course then? over 3 weeks have now passed and i've heard nothing yet.

 

[camerafodder]

I'm contesting as the fact that where i got 'caught' the road, so i was told goes from a 40mph zone to a 30mph zone, however whilst there are signs that state 40mph, there are none that state 30mph.

If there are no signs on the transition from the 40 to the 30 then I'd say you have the basis for a case, assuming it was the 30 you were exceeding and not the 40.

I've been had a couple of times in circumstances that I considered reasonable so you have my sympathies.

 

[Chris Akabusi]

If there are no signs on the transition from the 40 to the 30 then I'd say you have the basis for a case, assuming it was the 30 you were exceeding and not the 40.

I've been had a couple of times in circumstances that I considered reasonable so you have my sympathies.

Sorry yes, it's not clear in my original post.

The fine was for doing 42mph in a 30mph zone. I drive the road most days and there is not a 30mph sign anywhere, not that i can see anyway!

Also the road is a duel carriage way that merges into a single carriage way, it would make sense for the 30mph to come in on the single carriage way, but there are no signs there at all.

 

[Burger]

I would suggest, before anyone from the council arrives and cuts back some trees or moves something else that you get to the stretch of road in question and take some photos to prove there is no 30mph speed limit sign. Or, if there is one, that it can't be seen.

Regards,

 

[camerafodder]

I would suggest, before anyone from the council arrives and cuts back some trees or moves something else that you get to the stretch of road in question and take some photos to prove there is no 30mph speed limit sign. Or, if there is one, that it can't be seen.

Regards,

This is sound advice!

 

[C240Sport97]

if there are lamp posts a certain distance apart and no speed limit signs, the speed limit is 30mph .. I think

 

[Rovinghawk]

Read the highway code about speed limits being 30mph even without signs where the lampposts are less than 300 yards (I think) apart.

RH

 

[OneCarefulOwner]

Sorry yes, it's not clear in my original post.

The fine was for doing 42mph in a 30mph zone. I drive the road most days and there is not a 30mph sign anywhere, not that i can see anyway!

Also the road is a duel carriage way that merges into a single carriage way, it would make sense for the 30mph to come in on the single carriage way, but there are no signs there at all.

If there are no signs, but there are street lights, then the speed limit is 30mph. You don't need signs for a default speed limit. It's all in your Highway Code.

 

[crockers]

I would suggest, before anyone from the council arrives and cuts back some trees or moves something else that you get to the stretch of road in question and take some photos to prove there is no 30mph speed limit sign. Or, if there is one, that it can't be seen.

Regards,

Agree with this - infact I would take a passenger and shoot a video of the road coming from the 40 to the 30... keep the video trained on the kerb side so that any (or lack of) 30 mph signs is indicated (or not).

But as mentioned above - also check for streetlights etc.....

Just copied this from Manchester City website

The national speed limit of 30mph is applied by law to any road with a system of street lighting in which street lights are no further than 200 yards (183 metres) apart. Signs are required to show the start and finish of the limit, but repeater signs are not permitted on these roads. At first sight this may appear a rather odd way of indicating a speed limit, but in practice it has the merit of simplicity. If there are street lights and no speed limit signs to the contrary, then the speed limit is 30mph.

 

[roadiesean]

42 in a 30 zone, you're nicked.

42 in a 40 zone, you're still nicked.

My wife, the first week after we'd moved house up the road from a 40mph and a 30 mph speed camera got done TWICE in 2 DAYS in the 30 zone, once for 34 and once for 32. Contest it at your peril, you haven't got a snowballs.

BUT, if it is your first offence, they may offer you the option of a higher fine, but no penalty points if you do a SPEED AWARENESS course. My missus did one, she thought it was the best thing she had ever done.

BTW she is not a speedy chick, first speeding fine in 30 years of driving, just bad luck.

Speeding to get out past a lorry won't cut much mustard with the Magistrates I'm afraid. Grin and bear it is the only option and as a couple of guys have said, speed advisory signs are just that, you need to know your Highway Code.

 

[crockers]

42 in a 30 zone, you're nicked.

42 in a 40 zone, you're still nicked.

My wife, the first week after we'd moved house up the road from a 40mph and a 30 mph speed camera got done TWICE in 2 DAYS in the 30 zone, once for 34 and once for 32. Contest it at your peril, you haven't got a snowballs.

BUT, if it is your first offence, they may offer you the option of a higher fine, but no penalty points if you do a SPEED AWARENESS course. My missus did one, she thought it was the best thing she had ever done.

BTW she is not a speedy chick, first speeding fine in 30 years of driving, just bad luck.

Speeding to get out past a lorry won't cut much mustard with the Magistrates I'm afraid. Grin and bear it is the only option and as a couple of guys have said, speed advisory signs are just that, you need to know your Highway Code.

Amazed she was done for 32.... that is really mean . where do you live North Wales ??

 

[Sp!ke]

42 in a 30 zone, you're nicked.

42 in a 40 zone, you're still nicked.

Actually no, you're wrong.

There is normally a small margin of error allowed seeing as speedo's arent calibrated.

I understand it is 10%+2mph so 46mph would normally be the minimum figure for a speeding ticket in a 40mph zone.

I take it your missus wasnt 'done' for those speeds in a court?

 

[Rory]

Thanks, i wish the officer at the station would have explained this at the time, as i probably would not have decided to contest, ....

The idea of Fixed Penalty notices is that people will just pay them. If everybody contested them then the system would collapse. The courts don't usually take kindly to challanges, hence the fines are bigger than the fixed penalty.

Why are you saying you wanted to contest, but then would have changed your mind when you realised it was a bit complicated?

There's no need for there to be 30 repeaters but there will probably be signs where the 30MPH starts (really they're at the end of whatever the previous limit was - you're in a 40 and see 30 signs, they're indicating the end of the 40 as the default speed limit is always 30 if there is a system of street lights).

How did you get to 42 pulling out a junction and going around a truck? I know it's easy to exceed the limit (I've been done twice) but you're not when going to get anwhere saying you thought it was 40 and then agreeing that you exceeded that anyway!

They have 6mths to summons you for this offence and it seems that they often cut it pretty fine so you may not hear anything for a week.

I can only suggest that when you go to court, plead guilty, apologise, say the procedure was mis-communicated to you and ask if you can pay the fixed penalty amount.

 

[st13phil]

I can only suggest that when you go to court, plead guilty, apologise, say the procedure was mis-communicated to you and ask if you can pay the fixed penalty amount.

The bit in bold is very important. Take a look here to see why

However, if the signage is defective (hope and pray it is!) then you probably have a viable defence.