Safe Speed Forums

I was caught a few weeks ago by the plain white van parked in the layby on the A36 Warminster bypass doing 78 in a 60 limit travelling on a Saturday, early evening, home to Sussex after visiting my Mother near Bristol. I must admit I thought the long straight 3 lane road was a 70 zone. On the day in question it was Sunny, dry, and the road was empty other than me (I've looked at the photo on the Wiltshire police site).
Anyway, the notice arrived addressed to my wife as the keeper. She filled it in naming me, and I rightly or wrongly enclosed a letter admitting I was driving and asking, probably with little hope of success, for leniency in view of the road layout, condition and my 30 year plus clean licence. I await the NIP addressed to me.

The point of this ramble is to ask about the PACE letter that I've seen via links from this site. How reliable is it to claim this lack of a caution - has anyone tried it, did it work?

I would also like to know if anyone has any info on the markings/signs that a mobile unit should display. Fixed cameras have to be clearly signed etc, do mobile units have similar requirements, as I don't recall seeing any signs on the A36. Is this an area for objection to the fine/points?

I need to be sure that any action will be successful, as the last thing I want to do is fight the case and end up with more than the 3 points 'on offer'.

Thanks,
Rod

http://www.pepipoo.com/ is where you'll find out about the PACE letter (including drafts you can use).

HTH,

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Will

My understanding is that the number of points you get will not depend on whether you take the case to court, or not, but the fine and costs could be affected and are likely to be significantly more if you lose. Also consider the cost of taking time of work, which you can't claim back if you win.

Of course if you win you will not get any points, fine or cost against you and you can claim costs, but don't expect too much from that.

If you admit to being the driver you can ask for a copy of video evidence under the Data Protection Act (DPA) prior to expiry of the Fixed Penalty Offer, see my other postings on this. Don't let the police tell you they are exempt from the DPA as I had a ruling from the Information Commissioners Office (ICO) to say they are not. The video, if there is one, may provide some help with determining the conditions, such as whether there were other close vehicles which may have affected the laser speed gun, if that is what they used.

Take a look at the ABD site, http://www.abd.org.uk/ , as they have quite a lot on signs and markings, particularly for the road.

They don't care about road conditions. Signage (or lack thereof) doesn't affect the fact that you were speedin' (and therefore murder children don't you know).

If you reply to their NIP you will get points and a fine. If you reply with PACE you may get points and a file or you may get nothing. I have not heard of anyone getting more than 3 points for losing after using PACE. I believe it's usually £60 fine + £35 to £60 court costs.

Here is a list of people who have fought and won. Not all used PACE, but a fair few did.

PePiPoo Success Stories! (only 13 pages long so far )

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Andrew.

it is interesting that you admit to doing 78 in what you THOUGHT was a 70 (actually 60) - GUILTY ON ALL COUNTS I THINK

THERE IS NO 80 MPH LIMIT ANYWHERE IN THE UK

He's only 'guilty' if the crown can prove its case. We have a presumption of innocence that should never be ignored.

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

If only that were true. In speeding cases, pragmatically, the defendent is judged guilty unless they can prove their innocence. Even the effects are pre-emptive. For example, you must declare impending cases to your insurers, who will then adjust your premium accordingly.

Unfortunately, the law is changing evermore towards a "guilty until proven innocent" ethos. Other examples, are S172 and RIP (where you have to prove that you do not possess the required information rather than the prosecution prove that you did have it but refused to divulge it).

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Will

Hi &
I've only seen a couple of your postings, but you seem rather antagonistic. Are you in the right forum? This forum is about safe driving and all that that entails...

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Pecunia Prius Equitas et Salus

But I did say should never be ignored.

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety