Speeding

[123everton]

I got caught on a mobile camera doing 50 in a 40 M.P.H zone, I've just recieved the charge (damned post office) and it says I was in a 30 M.P.H zone which I can prove to be plainly wrong.
Long shot I know, will this invalidate the whole offence or will they just rewrite it?

[dothawkes31]

Do they name the street correctly? Would you not be summoned for being 20mph over the speed limit rather than just a postal fine?

[123everton]

At best I'm 10 M.P.H over the limit, the road is spelt correctly.
I feel the confusion has arisen because where the van was parked it is 30 M.P.H, whereas the dual carriageway, north bound on Ormskirk Road (the van was on the slip road just after Callows) is 40 M.P.H and clearly sign posted as such on the approach.
I am guilty of speeding, but, if there's a chance I can wriggle out of it, then wuffo.

[New Judge]

You will not be able to avoid a penalty.

The speed limit in the place you were observed is not a material fact to the offence and would not avoid a conviction in court as you were speeding in any case. Only if you go to court should the limit be an issue (magistrates sentencing varies according to the amount by which the limit was exceeded). If you are offered a fixed penalty (as you should be for 50mph even in a 30mph limit) the penalty is the same.

[kinell]

generally speaking with a mobile camera they will take a pic with your car and the relevant speed limit sign showing

otherwise they would require some other reference point to identify the location

if they were on the slip road and managed to take a picture of you on the main carriageway but have the lower speed limit sign for the sliproad showing in the pic then that is potentially 'attempting to obtain money by deception'

unfortunately the police make loads of errors re spelling, road names etc and the magistrates are well and truly in their pockets unless you hire someone like nick freeman to fight your case

[tamborine]

photograph your evidence & challenge in Court. Make sure you have a journalist with you.

[New Judge]

Good idea.

And, instead of a£60 fixed penalty, pay a fine of half a week's income, plus costs (up to about £350 if you plead not guilty) and a victim surcharge of £15.

Well worth it.