Defective Speed Limit Sign

Question:

I have received a NIP letter from x Police advising that I have been pictured by a mobile police camera exceeding a speed limit.

I was hoping to be able to challenge this, as I don’t think that the 30mph speed limit sign is of the required ‘quality’ (pictures attached). I understand that a full red circle is necessary around the 30 sign, which clearly it is not. I would have pursued this immediately but I am a bit hesitant due to the other speed limit sign (on the right hand side of the slip road, pictured) is intact.

I don’t want to aggravate the police by questioning this with them, as if it is not a valid defence then I am hoping to be considered for the speed awareness course rather than taking the penalty points.

I would really appreciate it if you could examine the attached photos and let me know if it is worth the risk.

Louise Says:

The basic principle at court and in the case law is would the driver have been aware of the limit. Lots of cases have tested the issue of signs being obscured by foliage etc and that’s the way the courts seem to decide the issue. I think you would waste you time and money taking this to court. They will feel your argument is pedantic and will probably dismiss it as being de minimis (trivial).

The question will be were you/should you have been aware it was a 30 limit and I think the court will take the view the signs were adequate.

Have you got any points already? What’s the speed alleged?



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