Alleged Speeding

Has any one experience this, where you getting a speeding summons when you where not speeding

I were at a Traffic Island and took the second exit (it was like you were turning right) when I got to the keep left bollards I were clocked by a mobile unit doing 38mph.

This is impossible to do if I had done I would have tipped the car over, I don't even think the Stig off Top Gear could have done it.

This was last year, as this were a false speed reading on there part I ask for it to go to court. I have just got a letter back from the court at Northallerton for a case management hearing.

I would also like know if any-one can help on:

1/ What is a Case Management Hearing.

2/ As Northallerton is a long way to go there and back in one day as I suffer from Angina after having a Heart Attack, I can't do it in one day with-out a rest like a lay down, can I have it moved to Sheffield.

3/ Can I charge the date of the hearing

Thanks Bob.

Get a solicitor. You are going to need expert help in trying to overturn the camera these days as they are quite accurate.

To answer your questions...

1. It's an initial hearing basically - you have to attend. There are similar hearings called plea and case management hearings (PCMH's), but general case management is exactly that. It allows the Court to manage how the case should be run, to set dates etc.

2. Yes, in theory, but don't forget, you were able to drive there to allegedly commit the offence in the place, so clearly you can get there. As a result, they may be difficult if you try to use that argument. That said, the theory is that you can apply to have the case heard in the Defendant home Court.

3. You can ask, but you need a good reason. It's just a case management hearing, not a trial or plea hearing, but you should still attend.

I think if you plan on arguing this, you should get representation, but you may need to consider the issues surrounding funding of course.

What I'm surprised by is the fact that this wasn't dealt with as a fixed penalty? 38 in a 30 would usually be a FPN, three points, small fine, off you go. How has this got to Court?

To answer your questions...

 

1. It's an initial hearing basically - you have to attend. There are similar hearings called plea and case management hearings (PCMH's), but general case management is exactly that. It allows the Court to manage how the case should be run, to set dates etc.

 

2. Yes, in theory, but don't forget, you were able to drive there to allegedly commit the offence in the place, so clearly you can get there. As a result, they may be difficult if you try to use that argument. That said, the theory is that you can apply to have the case heard in the Defendant home Court.

3. You can ask, but you need a good reason. It's just a case management hearing, not a trial or plea hearing, but you should still attend.

 

I think if you plan on arguing this, you should get representation, but you may need to consider the issues surrounding funding of course.

 

What I'm surprised by is the fact that this wasn't dealt with as a fixed penalty? 38 in a 30 would usually be a FPN, three points, small fine, off you go. How has this got to Court?

Looking at the first post the OP asked for it to be heard as he disputes the allegation..

Looking at the first post the OP asked for it to be heard as he disputes the allegation..

Oops good spot!

Thanks every one ....As you said your right yes I got there but were on holiday so stopping at a B&B.

As for the speed I had only just turn onto the road from the Traffic Island.

https://www.google.co.uk/maps/@54.3214154,-0.4436611,3a,75y,290.96h,60.67t/data=!3m6!1e1!3m4!1sXxleTU8ttw-n-OCJw6K_Nw!2e0!7i13312!8i6656

I had just come off Coastal Road ...The bollards you see are the bollards where I got clocked doing 38mph, weird is just as under-statement why it shown me doing that speed when I know I were not ????????

Running the numbers and looking at the map I make it 28 metres from the roundabout to the bollards.[1] Assuming you set off from a standing start to get to 38mph needs an acceleration of just 3.5 mss. That's about what most average cars do.

Since you would have some carried speed onto the roundabout perhaps as much as 10mph it's easily possible to get up to or beyond that speed, even allowing for a hill.. I really think you are on a hiding to nothing and engaging counsel to fight your corner would be strongly recommended.

[1] What do you mean my bollards? The row of white things on the pavement at the right or the light pedastals with the keep left blue arrows on?

OK you call them by the right name I call them by what I know them as .... As for the speed don't forget I was at a stand still and were turning right

I have never seen a camera van at a junction, or on a roundabout. They are nearly always placed on straight bits of road. Were you definitely clocked on the r/a and not a good say 200m up the road by the similar looking bollards on the pedestrian island? It seems likely they'd have parked the van in the layby.

If you follow High St up, on the right past the pub "Jolly Sailor" top side of the bus stop on the right it was a hand held laser device. According to the photo he was 0119.4m away. It were there on the photo you can see the give-way lines, the back of a round sign for the island and you can see the edge of the kerb turning to the left this is the road called South View

In that case I think you are sunk - theres ample space for the car to have accelerated up to that speed and there would be no real way of contesting it. I'd seriously give up now and cut my losses before you end up with a much larger penalty than you need to.

There's not much to go wrong with radar doppler velocimeter. Uncertainty is 1 mph at most. If anything they read under because of trigonometry.