# M42/M6 Variable Speed Limit Cameras Under Investigation



## rayc (Jun 3, 2008)

The Crown Prosecution Service have announced that all speeding prosecutions in the West Midlands and Warwickshire relating to these variable speed limit(M42/M6 Toll) cameras are to be suspended pending further investigation.

It is strongly rumored that drivers have been prosecuted for exceeding the variable 40/50/60 limits when they have been set by the automatic system but the signs on the overhead gantries have not shown the lowered limit. There is also the possibility that different lanes were showing different limits at the same location.

http://www.motordefencelawyers.co.u...able-speed-limit-cameras-under-investigation/

http://forums.pepipoo.com/index.php?showtopic=74614


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## SilverF1 (Feb 27, 2009)

rayc said:


> It is strongly rumored that drivers have been prosecuted for exceeding the variable 40/50/60 limits when they have been set by the automatic system but the signs on the overhead gantries have not shown the lowered limit. There is also the possibility that different lanes were showing different limits at the same location.


I travel on the M42 fairly regularly and I have seen 3 lanes set to 50mph and one set at 60mph. Fairly often there will be consecutive gantries set to 50mph and the next gantry all at 60mph, then back to consecutive 50 limits - no difference in prevailing traffic conditions and not at a junction.

Not surprised at the investigation.


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## Mrplodd (Mar 4, 2008)

Oops that was careless :roll: :roll: :roll:


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## rayc (Jun 3, 2008)

Mrplodd said:


> Oops that was careless :roll: :roll: :roll:


Not to worry, if you do nothing wrong you have nothing to worry about. Well that is the mantra put out by the automatic speed detection authorities.


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## Pudsey_Bear (Sep 25, 2008)

They're just putting them in near junctions 26/27/29 on the M62, and using the hard shoulder as a new lane, what fun.


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## tidzaboy (Nov 2, 2007)

thanks for posting those links, I received a ticket for that stretch of motorway, on the date shown on the second link, for that strectch of M/way. 
Will be watching carefully to see what the result is, would like my 3 pts off and money refunded! if the system is proven to be unreliable.
I definitely didn't think I was speeding, but how can you prove it at the time.........
joe


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## rayc (Jun 3, 2008)

tidzaboy said:


> thanks for posting those links, I received a ticket for that stretch of motorway, on the date shown on the second link, for that strectch of M/way.
> Will be watching carefully to see what the result is, would like my 3 pts off and money refunded! if the system is proven to be unreliable.
> I definitely didn't think I was speeding, but how can you prove it at the time.........
> joe


As you admitted to the offence and accepted the FPN it will depend on whether the authorities decide to refund the penalty and deduct the points. In any event they are a long way from doing that.
The system is loaded against people, such as yourself, who believe they were innocent but accept the FPN rather than defending themselves in court. The dice are stacked against you as the court have accepted that the speed limit was correctly signed at the time that the authorities say it was set. It appears there have been a significant number of drivers willing to test the evidence and the court has finally listened. It may all come to nothing of course as the authorities have a vested interest in their system being accepted as foolproof. Remember it was not the Chief Constable or CPS who have doubt about the variable speed setting signage but drivers and the court.


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## Geriatricbackpacker (Aug 21, 2012)

You defence would be that you are accepting the ticket based upon the evidence provided by the relevant authority and if that is flawed then you have the right to appeal. If you are one of those who have the points removed and the fine refunded don't forget to inform your insurance company as they may have loaded your policy. 
I wonder if there is scope to charge the FPN issuing authority an admin fee for all the work you have had to undertake to correct their mistake...or am I asking to much??


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## rayc (Jun 3, 2008)

Geriatricbackpacker said:


> You defence would be that you are accepting the ticket based upon the evidence provided by the relevant authority and if that is flawed then you have the right to appeal. If you are one of those who have the points removed and the fine refunded don't forget to inform your insurance company as they may have loaded your policy.
> I wonder if there is scope to charge the FPN issuing authority an admin fee for all the work you have had to undertake to correct their mistake...or am I asking to much??


Is it possible to mount an appeal after you have accepted a FPN? 
It would be interesting to know the process for doing so and what happens if the Police just say that the offence stands.
I realise that the Police could initiate a process of pardoning offenders who had accepted a FPN but what can you do if they don't?


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## goldi (Feb 4, 2009)

Afternoon all,



This is what you get with policing by technology.


norm


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## Mrplodd (Mar 4, 2008)

There was a similar debacle in dorset on the A35 through Chideock a few years ago.

T o the best of my knowledge EVERYONE got a refund, the camera partnership went back over many many years to identify as many as possible. Not sure about the points though as the vast majority of the refunds were for more than 3 years previously.

My view would be that if you have the fine refunded then clearly someone in authority has accepted you did NOT commit an offence. Therefore any points should automatically be espunged !!


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## ChaseTracker (Aug 22, 2012)

This sort of thing happened with parking fines in the Wiral area when it was found out that the mobile camera was not approved and the people who had paid got their money paid back to them.


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## motornut (Mar 24, 2013)

*M6/M42 Variable Speed Limit Challenge*

I hear that there have been developments on this and that anyone prosecuted before 27th November 2013 might be able to challenge their prosecution if this happened before 27th November 2013.

This is all to do with the signage used on the variable speed limits on the M6/M42 and i think that it could affect other places..

Anyway looks like its one nil to the motorist for a change 

http://www.motordefencelawyers.co.u...-cameras-an-opportunity-to-re-open-your-case/


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