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PostPosted: Sat Apr 22, 2006 09:56 
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Hi all,
This is my first time posting as I seem unable to find the answers I need.

1. The name of the Constabulary: Avon and Somerset
2. Date of the offence: 07/10/2006 01:34am
3. Date of the NIP: 14/10/2005
4. Date you received the NIP: 16/10/2005
5. Location of offence (exact location as it appears on the NIP: important): M4 Eastbound Junction 19-18
6. Was the NIP addressed to you?: Yes
7. Was the NIP sent by first class post, second class or recorded delivery?: Unsure
8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? If not then what is your relationship with the vehicle?: Yes
9. How many current points do you have? : none, but had previous drink driving which has timed out
10. Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons.:

On 07/10/2005 at 01:34 a Gatso camera flashed me on the M4 heading towards London doing 66mph when there was a Temporary 40mph speed limit. The NIP was issued on 14/10/2005 and I received it by 16/10/2005. I sent the NIP back stating I was the driver which was dated 17/10/2005.

I have now just received a summons for court where the date of information/complaint is 06/04/2006 and printed on 10/04/2006.

The picture provided with the summons confirms my memory of the night, where the roads appeared to be clear of any roadworks as all cones were on the side of the road which was why I didn't realise there was a speed restriction. At that time of night with minimal road lighting I was just concentrating on the road, I saw the speed camera and thought I was doing under the speed limit. It was only when I got flashed I realised something was wrong, and yet I had to travel a further 3-4 mile to find out what the speed limit should be.
Although the picture does show a speed limit of 40mph sign right in the middle of the speed trap which to be honest isn't much use there.

Can anyone let me know what I can expect to happen and what I should do. As yet I have not completed the for to declare my plea and whether I will attend or not.

Many thanks for any help you may be able to give.


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PostPosted: Sat Apr 22, 2006 10:53 
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66 in a 40 is indeed the threshold for a court summons. From what you’ve said, I don’t think you could argue any potential technical infringement; a speed limit sign at a speed trap is sneaky (and dangerous) but technically not wrong. You can expect 4-6 points and some level of fine, I very much doubt you will be banned. I reckon you should attend court to try to minimise the damage. Dress smartly, plead stupidity and say you honestly thought you were within the limit (you knew the cam was there so wasn’t worried); you should say you know that speeding is as bad as your DD offence and would certainly result with the death of many innocent babies.


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PostPosted: Sat Apr 22, 2006 11:31 
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Didn't I read somewhere that roadworks temp limits are only valid while the works are ongoing?

I'd get a copy of the traffic order showing the restriction. You might be able to prove that the 40 they are charging you with is invalid. (and this discussion would be better on Pepipoo. I'm assuming you've been there already)

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PostPosted: Sat Apr 22, 2006 12:27 
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The date on the form I received from Avon & somerset constabulary shows the date the summons was served as 21st April 2006, which o my mind is after the 6 limit from the date of offence.

Can anyone confirm?


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PostPosted: Sat Apr 22, 2006 12:30 
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What is the charge - word for word - on the summons (leaving out personal detail if applicable).


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PostPosted: Sat Apr 22, 2006 13:05 
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kaytliz wrote:
The date on the form I received from Avon & somerset constabulary shows the date the summons was served as 21st April 2006, which o my mind is after the 6 limit from the date of offence.

Can anyone confirm?

They have 6 months to lay the papers before the courts, after that they have years to chase you up.


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PostPosted: Sun Apr 23, 2006 14:50 
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Does anyone have any advice as to what I should say on the form with regards to my plea. Obviously I'm guilty of speeding even though I don't agree with the speed limit being in force at that time, but does it make any difference whether I plead guilty by post or at court?

Also, does anyone have any idea of what the fine maybe? do they take into account the time of day, conditions of road etc?

Thanks for all your help so far :? :?


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 Post subject: must pay attention
PostPosted: Sun Apr 23, 2006 15:14 
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66mph in a 40mph zone, where you not paying attention to the speed limit.
Not paying attention to the speed limit is the number one cause of speeding fines.

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PostPosted: Sun Apr 23, 2006 15:19 
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s m: do you even read the thread, or just read the title?

I pray for the day YOU misinterpret the signage and a "nip" falls on your doormat. I would cut my right arm off to see the smug leer wiped off your face.


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PostPosted: Sun Apr 23, 2006 16:44 
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i read the whole thread including the advice from some-one to plead ignorance or was it just stupidity.

sounds like undue care and attention to me, as for your waiting for my nip, i have had one but didnt cry like a baby.

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PostPosted: Sun Apr 23, 2006 16:58 
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the sensible majority wrote:
as for your waiting for my nip, i have had one but didnt cry like a baby.


You should watch your speed.


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PostPosted: Sun Apr 23, 2006 17:35 
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the sensible majority wrote:
nip, i have had one but didnt cry like a baby.


You're nothing but a menace on the roads, by your own standards!


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PostPosted: Sun Apr 23, 2006 20:36 
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I admit that you could take it as 'driving without due care and attention' for the fact that I must have missed the speed signs. But please note that at that time of night without any form of lighting on that stretch of motorway other than my headlights I was concentrating solely on the road. There appeared to be no road works active that would hint there would be any other speed limit as all cones were on the side of the road, confirmed by the picture sent with my summons.

I am very gratefull for all the help I have so far received, but would it be possible for someone to answer my question in regards to potential fine and whether pleading by post or at court makes any difference.

Many Thanks


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PostPosted: Sun Apr 23, 2006 21:01 
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you'll have to learn to look at the signs as well as just the road in front, in town look out for pedestrians, I know its difficult is'nt it this driving lark.

On second thoughts do us a favor and catch the bus.

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PostPosted: Sun Apr 23, 2006 21:18 
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the sensible majority wrote:

On second thoughts do us a favor and catch the bus.


I gather that's something you'll be doing in future?


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PostPosted: Mon Apr 24, 2006 05:21 
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kaytliz wrote:
I admit that you could take it as 'driving without due care and attention' for the fact that I must have missed the speed signs.

Maybe, but I've been on the M4 roadworks and the 40 limit is...... For the most part quite pointless.

Weren't these the cameras which were powered by a generator?
I don't know where to check this...
It would be worth checking.
If they were powered by a generator then, I believe, they were not type approved. (= no evidence of speeding)

the sensible majority wrote:
undue care and attention

Care and attention where none was due? :lol:

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PostPosted: Mon Apr 24, 2006 12:44 
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Ziltro
If they were powered by a generator then, I believe, they were not type approved. (= no evidence of speeding)


any idea how we can find out if true - as all the roadworks i'v seen on the M6 in the midlands have had either Specs or generator powered Gatso's --believe Warks made quite a lot of money a couple of years ago on Gatso's with generators and certain that i saw some recently in Northamptonshire (M1) .

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PostPosted: Mon Apr 24, 2006 20:32 
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care and attention when none was due, i thought the only time non is due is when you are a passenger!!!

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 Post subject: Re: must pay attention
PostPosted: Mon Apr 24, 2006 20:45 
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the sensible majority wrote:
66mph in a 40mph zone, where you not paying attention to the speed limit.


Have you ever heard of the phrase "innocent until proven guilty"?


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PostPosted: Fri Apr 28, 2006 23:17 
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I've heard the expression, but of course if you read through the whole thread you will see that the origonal poster hs alrad stated to this forum that she was guilty so your point is??

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