Lots Of ACPO Issues And No System Of Street Lights

Question:

Hi, I was given a speeding ticket 21 March, 42 in a 30 (main road), I overtook a very erratically driven vehicle which I stated at the time, it braked heavily for seemingly no reason on uninterrupted straight road. Officer showed me a recording from a hand held device LR.

The section of road was pitch black, no officers were visible and their patrol vehicles were hidden behind hedges, all contravening APCO to my knowledge. Officer who flagged me in was not wearing HV vest.

I was instructed to park my car in a position which contravenes highway code regulations, right by a junction, and blocking someones driveway behind another vehicle.

Police vehicles were on grass verge and also blocking pavement in the slip road, with no barriers for pedestrians. Officer asked me speed limit, I said 40 as no signs or lamps visible, he replied its 30 due to lampposts. I informed him that it was pitch black at the point he alleged my speed was calibrated.

I asked him if he had checked they were all working, he very arrogantly replied yes. He was wrong. At around the point of the recording 194.5m TWO lampposts were out, one of them was mangled and bent like a banana from a severe impact. I have photographic evidence of this obtained half an hour later.

Two more lights out within another 300-400 yards. Officer refused to note any of this on the form when I instructed him to include it, saying “It does not concern me.” He failed to write the correct road name on the ticket even though I stated I wanted the precise location stated.

He entered x Road x which does not exist ! There is a x Road two miles away in a different town where the speed limits are 40 and 50.

Where we were stood there were no road markings whatsoever leading from a slip road onto a main road. They had spotters 350 metres away hiding not wearing HV vests which I now assume the driver I overtook suddenly braked for resulting in me overtaking.

A few days later I witnessed police carrying out a trap in daylight, I filmed them. They had vehicles parked on pavements including police vans completely blocking footpath, instructing motorists to drive on the pavements to park, which was still blocking entrance from the main road itself.

Spotters with no HVs as well. It was pathetic. I presented my docs at Reigate Police Station in a few days and opted not to pay the fine but challenge it. Can you please offer me some further advice, I have a clean licence by the way.

Should I write to the police and state faulty road conditions, wrong address etc, send photos of broken lampposts, road marking missing, not complying with ACPO etc. or is this sort of thing best left to a court appearance ? I would prefer to not appear at court so hopefully a letter would cancel the ticket. Look forward to your advice, thanks

Louise Says:

I’m afraid that you are not allowed to speed even if it was in order to overtake an erratically driven vehicle.

ACPO suggests that officers should be visible – but this is only a guideline. The magistrates will only be interested in deciding whether or not your speed exceeded the limit if the matter goes to trial.

The issues again regarding where you were asked to park is irrelevant in relation to the question as to whether or not you were speeding and that’s all the court will be interested in.

The issue regarding a system of street lighting is a good argument and if they were not working then you may have a point that the road was not restricted.

The location of the alleged offence is important too and you may have an argument that the officer’s evidence is generally unreliable as a result.

You need to wait for the court summons to arrive and then plead not guilty – but remember the only question is whether or not the prosecution can prove beyond reasonable doubt whether or not you were speeding and that the limit for the road was 30. If you lose at court you will face higher fines and court costs.