Speeding ticket with hidden camera and speed limit sign not visible

[uashraf]

I recently received a "Notice of intended prosecution" for Speeding- exceed 30 mph on restricted road in England- manned equipment

This is my regular school drop-off which does not have a camera normally. This was a manned equipment that caught my car speeding.

1. Can they charge you for speeding if they dont have sufficient signage that there is a speeding camera/ enforcement in place.
2. The speed sign is hardly visible as it is covered by tree branches (see image)
3. The speed sign says 30 mph on one side and 40 mph on the other side. I was clocked doing 53 mph which is higher than both those limits but surely there should be grounds to say this notice is void as the speed sign is not visible and says 2 different speed limits on either side of the sign. Do I have a solid ground to contest?

[uashraf]

Image of hidden sign

[HandyAndy]

1. No. There is no requirement for any warnings.

2. The limit must be "adequately signed." It would be for a court to decide whether or not that was so.

3. If I have this right, you mean the sign has "30" facing you and "40" facing traffic in the opposite direction. This indicates you are entering a 30mph zone and coming from a 40mph zone (which I assume you were aware of). So even if the sign was not there at all, you should not have been exceeding 40mph.

Your case will be going to court anyway. 53 in a 30 limit is too fast for a fixed penalty. I believe you have no alternative but to plead guilty. However, whether the court considers you believed you were in a 40 limit or 30 is very significant. 53 in a 40 when sentenced in court sees three points. It actually qualifies for a fixed penalty and would not normally be dealt with in court. The guidelines for 53 in a 30 suggest a ban of up to 56 days or six points (though the overwhelming likelihood is six points. As well as that the fine for the more serious offence is three times that of the lesser one.

Believe it or not, your case going to court does you a favour - it saves you having to make the decision whether or not to go there. Once you have responded to the "request for driver's details" identifying yourself as the driver, the next you will hear is by way of a "Single justice Procedure Notice". The police have six months to issue this and in many areas they take most of this. You will have three choices:

1. Plead guilty and do not attend court.
2. Plead guilty and attend court.
3. Plead Not Guilty.

If you want to challenge this, in my view the only issue is whether the court considers the 30 limit was adequately conveyed. To mount this challenge you will have to opt for (2). When entering your guilty plea you must make it clear that it is "on a basis" and that basis is that the 30 limit was not adequately displayed and you believed it to be 40, The court must then decide whether their sentence would be significantly different depending on which version of events is accepted. If they believe it would (which they almost certainly will) they must order a "Newton Hearing". If they do not order one then your version of events must be used for sentencing. At that hearing you will need to present evidence to support your claim that the limit was not adequately conveyed.

Let me know if you need any other information.