Help Forum

Help requested posted on 15th June 2018:

Speeding fine - speed sensor fault

I'm after some help. I have been sent a speeding fine caught on camera. Around the time recorded my car showed a speed sensor fault. Can you advise how I deal with this? I phoned the West Safety Camera Unit and they said if don't take the conditional offer it will go to court and I should get legal advice - which will of course cost me money and time. I would prefer to send the evidence in and have it sorted rather than linger on and get solicitors involved. I'm surprised there is no mechanism to help the public before court. Thanking you in advance fro your help. G Pall

Gurman Pall

Reply to this request


Response posted on 15th June 2018 by:
Martin Evans

E: martin@verodrive.co.uk
T:

Speeding fine - speed sensor fault

I think you need to be careful. If you admit having a faulty speedo then you could be prosecuted for driving an unroadworthy vehicle and the penalty may be worse than speeding!

If you've been offered a speed awareness course, I'd suggest you take it - most attendees find them informative and worthwhile.


Response posted on 17th June 2018 by:
Kate Carpenter

E: kate.carpenter@jacobs.com
T:

Speeding fine - speed sensor fault

I second Martin's good advice; you would be on dodgy ground defending yourself against one offence (which you almost certainly committed, - the NIP is very strong evidentially) by admitting another offence (having a vehicle without a working speed sensor). I'd definitely pay the money and do the course - it's always a better option financially (insurance can be loaded with convictions, plus legal costs). Good luck!


Response posted on 18th June 2018 by:
Paul Murphy

E: paul.murphy@hartlepool.gov.uk
T: 01429523581

Speeding fine - speed sensor fault

Hi Gurman,
Firstly, Excess Speed is an absolute offence. That means that you do not need to be aware you are committing it for it to be complete. It is irrelevant that your vehicle had a speed sensor fault.
You can dispute the fact that you were speeding. For that, you need evidence. You can dispute the camera evidence, the fact that the speed limit signs did not conform to regulations or the Traffic Regulation Order was not in place, or that the NIP was incorrect and there was an abuse of process.
All I will say is that it is highly unlikely that any of that occurred as the police learn from mistakes and ensure they don't happen. The police know that, hence the conditional offer.
You have three options, accept the offer and pay the fine, accept the offer and any diversionary course, or plead not guilty and go to court.


Response posted on 19th June 2018 by:
Rod King

E: rod.k@20splenty.org
T: +447973639781

Speeding fine - speed sensor fault

I never realised that this knowledge centre was for personal legal advice after being caught committing offences.

Hence I am surprised that this help request was ever allowed to be posted in the first place.


Response posted on 25th June 2018 by:
Andrew Fraser

E: andmarg@hotmail.co.uk
T:

Speeding fine - speed sensor fault

Well, thank goodness RSGB is in favour of free speech. Long may that be the case.

I do hope that Mr Pall will take the advice of Evans, Carpenter and Murphy, as that will save him an awful lot of trouble. It is a complete waste of time trying to fight "strict liability", as I have discovered - to my cost in terms of time.

However, perhaps Mr Pall might add his voice to those of us who abhor the punishment centred approach to top speed control, and advocate an approach which ensures that we are all kept out of trouble and embarrassment by vehicles that cannot exceed the speed limit on public roads in the first place.

London's buses are now all subject to ISA, so why not all vehicles?

Government has been told repeatedly how to go about implementing it, so what is it waiting for?

After all, there's something mendacious(?) about allowing vehicles capable of speeds far in excess of our highest limit on our public roads, and then expecting drivers to limit themselves. We're only human, after all ... why should we punished for our weaknesses?


Response posted on 28th June 2018 by:
Gareth Zimmerman

E: Gareth.zimmerman@btinternet.com
T:

Speeding fine - speed sensor fault

As a presenter of National Speed Awareness Courses (NSAC), I heartily endorse the advice already given. Several attendees over the years have remarked to us afterwards that anyone should be allowed to attend these courses as they had learnt so much, so take this opportunity to further your knowledge!


Response posted on 28th June 2018 by:
Mark Foweraker

E: m.foweraker@cardiff.gov.uk
T:

Speeding fine - speed sensor fault

andmarg, I wonder if you were being sarcastic with your comment "We're only human, after all ... why should we punished for our weaknesses? ".

The rule of law is in large part, if not totally, about punishing those who are to weak to respect others life, dignity and property, whether directly, indirectly or potentially.

I have not commented before, but the original post seemed to misunderstand the legal hierachy. As soon as the sensor failed the vehicle was unfit for use on the road and should have been taken, (at low speed to towed) to a garage for repair.

Driver's have no right to drive a vehicle when there are 'defects' in their vehicle or themselves.
Conversely, a pedestrian can (as long as they don't commit a nusicence) legally use the road (footway and carriageway) whilst being over the drink drive limit, with a hole in their shoe and having lost their glasses.


Post a response to the above help request by completing the form below:

Your name
Your email
Your telephone (optional)
Subject
My response is:
Captcha: