OK, here's the situation with the car. It's my dad's, and for two weeks at the end of June I was insured to drive it, as my own car was oop north. At the time it was registered to his company, which he owned. Shortly after, he changed it to personal ownership as he wound the company up. He signed both parts of the V5 declaration.
Problem - today we received a slip of paper from the Plymouth police, noting that the V5 ownership had changed, and asking us for further details, reply c/o speed camera partership etc. The old address no longer had post forwarded, so anything before that would have been lost.
No date is given on the slip, and as on the last trip into Plymouth (we go there less than once a month) we were both driving, we have no idea who was snapped. Is this a justifiable excuse?
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Second thought - the only other time I drove my dad's car was to Exeter - I did 60MPH along a dual carriageway which had no speed limit signs whatsoever, but did have speed camera signs. Don't remember seeing any cameras though.
There was a barrier between me and the oncoming traffic, and also street lamps. I remember noticing most cars were doing about 40MPH and slowed down to match them... good thing too, as there was an unpleasantly sharp corner ahead.
On a dual carriageway with no signs, surely the national limit applies?
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Where did you go in Plymouth, there are quite a few cameras here including nicely hidden mobile ones :(
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Will try again David ...timed out on the long first one, so shortened....
Presume speed offence involved against somebody.
Speed offence requires NOIP to be served on offender within 14 days (not including day of offence).
Has to be sent to Registered keeper by Reg Post, Rec Delivery or First Class post. Deemed served if sent out in time, not delivered or returned or for any other reason not received.
Failure to serve then proceedings for speed cannot be taken.
But if Authorities can show due diligence in their attempt to serve and service came outside 14 days then NOIP deemed to be served. Up to Magistrates to decide if NOIP served. Mentioned is a change of ownership from Company to individual about time of offence which may have caused problems when request made to DVLA for Keeper details. Up to them to prove to Magistrates.
With NOIP to RK will be a request by or on behalf of Chief of Police under Section 172 RTA 88 to name driver . Failure to do so in 28 days - offence. Likewise a request outside 14 days can be made to any person who may have information as to driver. But no offence if it can be shown that he did not know and could not without reasonable diligence have ascertained who the driver of the vehicle was. Generally termed the "Hamilton Defence" and to be proved to the satisfaction of the Mags. To build up evidence, in addition to enquiries made of likely persons, then copy of photo requested to see if it can be proved who the driver was. Often red faces as driver clearly shown. Also confirms vehicle involved and not one that has been cloned.
Simple rule to establish speed limit on a road. If streetlighting present less than 200 yards apart then 30 mph as a restricted road. Higher limit will apply if NSL repeaters or 40, 50 limit signs are present. So dual with street lighting and no repeaters - 30mph, which it seems the other drivers were aware of.
DVD
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Drat - I knew that a single carriageway road with streetlighting is 30mph unless signed otherwise, but this was a bit juicy stretch of dual-carriageway. Thanks for the advice - at present, the only thing we have is a slip of paper asking for more details, dated last week. I'm assuming the NIP was all sent out OK when it happened, but returned to the police.
I was in the opposite situation on my way to Bristol airport the other week, as I was on a stretch of road that had no speed limit posted, speed camera warnings, and streetlighting. I did 30mph, and upset a lot of other drivers, many of which attempted dangerous overtakes.
Will go out this afternoon and buy one of those GPS things that tells you what the limit is where you're driving.
And one other thing - isn't relying on the distance street lights are apart a kind of archaic way of setting the speed limit? "I'm sorry, your honour, I didn't see him pull out because I was counting lamp posts..."
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"I was busy working out if the street lamps were 195 or 205 yards apart"
It's no reason for not having repeater discs. Surely the lovely lolly these cameras are generating could pay for a few little reflective signs.
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I thought it was 'any system of street lights' now - the distance isn't an issue? Although I suppose this leads to arguments about what consitutes a 'system'!
On the original point, why not just reply that the vehicle was previously owned by such & such company, and leave it at that?
There is a similar thread to this on PistonHeads at the moment which suggests that the Company Secretary is ultimately responsible, but many small companies contract out that position.
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Highway code rule 103 states any urban road with street lights is 30mph unless there are repeaters. What constitutes an urban road though?
Joe
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..... a city or town road. Generally referred to as a a built up area.....
dvd
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Update: my dad's had the details back from the police. It was him, driving through Chudleigh back in May. Neither he nor I can remember there ever being a speed camera there, and none of the online sites show a camera on that particular road.
It was for 41 in a 30, so I don't know whether just means the fixed penalty or a court appearance.
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Fixed penalty.
I'm guessing it was a camera van then?
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Adam
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I don't know where they'd put it, to be honest, unless they hid it in a driveway or under a tree or something.
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Bearing in mind that cameras don't always appear on "these sites". It could really have been anything. DVD's your man for this but I think it could have been any of the following (don't know the force in question though);
1) Camera - be it Gatso or Truvelo
2) Mini camera - chances are you wouldn't have seen this but then again, it does flash
3) Speed trap but not pulled at the time (I doubt that one but it happens)
4) Camera van. Bearing in mind then can "get you" from 1000 metres away, could they not have done a good job of hiding it?
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Adam
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