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#Post#: 51266--------------------------------------------------
Alleged speeding A30 Plusha jct with B3257
DIR By: coffee pot
Date: December 29, 2024, 8:41 am
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I have been sent a NIP of an alleged offence of 59 in a 50mph
temporary roadworks with a picture taken by a camera van parked
at the side of the road. I don't doubt or dispute that I was
travelling at 59mph, but I'd like to see some evidence that the
50mph limit was correctly put in place. Where do I find this
information or do I have to challenge the prosecution and put
them to strict proof that the 50mph limit was correctly and
legally instituted?
#Post#: 51267--------------------------------------------------
Re: Alleged speeding A30 Plusha jct with B3257
DIR By: FuzzyDuck
Date: December 29, 2024, 8:52 am
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You almost certainly would have to refuse any offer of a course
or fixed penalty and take the matter to court and plead not
guilty. However if you then discover you were indeed within the
50 MPH limit after all, it is going to cost you a lot more than
the course or fixed penalty.
What you need to do is confirm the name of the driver. However
if before you do that, you could ask for photographs to "Aid in
the identification of the driver".
#Post#: 51270--------------------------------------------------
Re: Alleged speeding A30 Plusha jct with B3257
DIR By: coffee pot
Date: December 29, 2024, 9:07 am
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Thank you, [member=1345]FuzzyDuck[/member], for your swift
reply. I have all those. If you use their online portal, you are
given only the option of accepting guilt online or challenging -
by post. I don't want to do either of those just yet; simply
confirm it was me. I have waited for the traditional paper S172
form so I'm happy to complete that and agree it was me driving.
However, I remember comments made on the original Pepipoo site
that it was extremely rare for roadwork speed limits to be set
up in compliance with the legislation and, having won a case
against a council after proving their road signage was
incorrect, I know it can happen. I am quite happy to do some
legwork but don't know where to start looking.
#Post#: 51304--------------------------------------------------
Re: Alleged speeding A30 Plusha jct with B3257
DIR By: Irksome
Date: December 29, 2024, 12:24 pm
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Contact the council or highways authority responsible and ask
for the TRO that implements the temporary speed limit.
#Post#: 51310--------------------------------------------------
Re: Alleged speeding A30 Plusha jct with B3257
DIR By: NewJudge
Date: December 29, 2024, 1:37 pm
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Bear in mind ha you must respond o the request for driver's
details within the 28 days allowed and you must respond to it
even if you establish that the limit was not lawful.
#Post#: 51338--------------------------------------------------
Re: Alleged speeding A30 Plusha jct with B3257
DIR By: coffee pot
Date: December 30, 2024, 2:08 am
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Many thanks. I do indeed, [member=97]NewJudge[/member]; you have
to be careful as if you respond online it's all rolled up into
one response. You only get three options; guilty, it wasn't me
or I'm going to challenge this so won't respond online. I have
completed the paper S172 reply as I need time to explore this a
bit more. Christmas doesn't help! Thank you
[member=298]Irksome[/member] as well; I am guessing that on the
A30 it will be National Highways?
#Post#: 51339--------------------------------------------------
Re: Alleged speeding A30 Plusha jct with B3257
DIR By: CharlieVictor33
Date: December 30, 2024, 2:27 am
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Yes Highways England put the limit in place with support from
the police, council and local councillor after the recent
fatality there. I think the temporary order may have been
published in the Cornishman newspaper, or whichever one covers
that area.
#Post#: 51370--------------------------------------------------
Re: Alleged speeding A30 Plusha jct with B3257
DIR By: ManxTom
Date: December 30, 2024, 9:24 am
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If you are replying by post make sure you keep a copy of yor
reply (you'd be surprised how many people don't...) and get a
certficate of posting from a Post Office counter.
#Post#: 51463--------------------------------------------------
Re: Alleged speeding A30 Plusha jct with B3257
DIR By: coffee pot
Date: December 31, 2024, 6:03 am
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I have been unable to locate the TTRO online, although I have
now found that the roadworks are listed as NOMS-406547. Having
checked that no previous FOI request has been made for this
information, I have therefore today submitted an FOI request to
Cornwall Council.
#Post#: 51466--------------------------------------------------
Re: Alleged speeding A30 Plusha jct with B3257
DIR By: Dave Green
Date: December 31, 2024, 6:13 am
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Don't forget to heed the advice given by NewJudge to make sure
that you respond to the S172 request as this may well time out
before you receive any response to your FOI request. (The
council are allowed to take up to 20 working days for this which
could mean that you may not hear anything until the end of
January.
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