Legal advice needed! Speeding in a converted N1

I’m guessing that’s it’s a single carriageway with a National speed limit. So plod are assuming 12mph over the 50 limit for a van, rather than just 2mph over the speed limit for a car or Motorhome. Could be wrong.
 
Was speaking for my own part there. I wouldn't claim costs for me, because I'm retired and live a mile from the court.

As for our hero, he can advise the court that on such and such date and time time informed Mr Xyz at TaffPlod prosecutions unit of his position and they still proceeded to court. Having disclosed his defence argument already he's on solid ground if he did decide to go for costs, but thats a big can of very uncertain fishing bait in its own right.

That being the case there's no need to risk undermining himself by mentioning it again and again and forewarning the prosecutor.

@Lubrown modern speedos are generally so accurate now that most forces will go for 2mph over the limit. The old 10%+2 was an ACPO guideline, not an HO one, and being a non binding piece of guidance wasn't universally adhered to anyway.
This ^^^^^ I successfully defended a speeding ticket in Gt Yarmouth, 240miles from my home. A month before the hearing, I submitted a complete bundle to the CPS containing my entire defence. I phoned the CPS the day before the hearing asking if they were still intending to prosecute, bearing in mind the defence I had submitted, they said yes. I rocked up in Gt Yarmouth & duly entered the court. The CPS opened my bundle, read it, and told the magistrates that they were withdrawing the case & offering no further evidence. This was the first time that anyone had looked at my defence case. I was awarded £320 in costs.
 
Am I missing something?

If they are intending to prosecute because you were doing 2mph over the speed limit (which would seem harsh) is the V5 thing going to make any difference one way or another?
I get that commercial vehicles and Motor Caravans might have different allowances on certain road but the way I read what you wrote is that they have a problem with you being 2mph over the limit, not that you were doing 60 instead of 50 or whatever they thought was appropriate based on your V5 rather than the signed speed limit?
Sorry might not have explained it well! I’m being prosecuted for being 12mph over as they say I’m restricted to 50mph. I firmly believe my van should be upper speed limits as per duel purpose vehicle guidance but they won’t except it and say I’d have to go to court to prove it.
 
I’m guessing that’s it’s a single carriageway with a National speed limit. So plod are assuming 12mph over the 50 limit for a van, rather than just 2mph over the speed limit for a car or Motorhome. Could be wrong.
Ah OK. It was just the 62mph in a 60mph zone that got me.
If the wording of the NIP was ‘you were doing over 50mph and that is not legal for your vehicle’ then yes, I can see the argument.

My worry in taking it to court would still be the judge saying ‘but you were over the limit either way’.
Even if you prove you’re allowed to travel at 60mph they can still say you were 2mph over (technically there is no grace on speed limits).
 
From experience, the problem with this is that, if acquitted or discontinued by the Criminal Protection Service at Court , the Beaks may take a very dim view to your application for costs on the basis that, had you disclosed your defence earlier, the case may have been discontinued earlier. Court time is precious and Magistrates are very protective of it....
I’ve sent them bucket loads of evidence hoping they’d cancel it but they just state the offence stands as the V5 says lgv panel van.
 
Sorry might not have explained it well! I’m being prosecuted for being 12mph over as they say I’m restricted to 50mph. I firmly believe my van should be upper speed limits as per duel purpose vehicle guidance but they won’t except it and say I’d have to go to court to prove it.
I see. And thanks for clarifying.
Hopefully you get it sorted easily. Sounds like a real ball ache atm.
 
Was speaking for my own part there. I wouldn't claim costs for me, because I'm retired and live a mile from the court.

As for our hero, he can advise the court that on such and such date and time time informed Mr Xyz at TaffPlod prosecutions unit of his position and they still proceeded to court. Having disclosed his defence argument already he's on solid ground if he did decide to go for costs, but thats a big can of very uncertain fishing bait in its own right.

That being the case there's no need to risk undermining himself by mentioning it again and again and forewarning the prosecutor.

@Lubrown modern speedos are generally so accurate now that most forces will go for 2mph over the limit. The old 10%+2 was an ACPO guideline, not an HO one, and being a non binding piece of guidance wasn't universally adhered to anyway.
They still haven’t sent me the camera calibration cert but the 2mph over is another argument
 
This ^^^^^ I successfully defended a speeding ticket in Gt Yarmouth, 240miles from my home. A month before the hearing, I submitted a complete bundle to the CPS containing my entire defence. I phoned the CPS the day before the hearing asking if they were still intending to prosecute, bearing in mind the defence I had submitted, they said yes. I rocked up in Gt Yarmouth & duly entered the court. The CPS opened my bundle, read it, and told the magistrates that they were withdrawing the case & offering no further evidence. This was the first time that anyone had looked at my defence case. I was awarded £320 in costs.
Result I am starting to think that no one is actually really reading anything I’m sending them and they’re probably hoping I’ll just do the speed awareness course.
 
Ah OK. It was just the 62mph in a 60mph zone that got me.
If the wording of the NIP was ‘you were doing over 50mph and that is not legal for your vehicle’ then yes, I can see the argument.

My worry in taking it to court would still be the judge saying ‘but you were over the limit either way’.
Even if you prove you’re allowed to travel at 60mph they can still say you were 2mph over (technically there is no grace on speed limits).
This is true but at least I’ll know what speed limits apply I also think they’d have a job with the 2mph for other reasons but hey ho we will see I guess.
 
DPV speed limits.
You need to prove that your vehicle meets the definition of a Dual Purpose Vehicle. If you can do that, job done.


DPV definition
It 100% does but I’m baffled as to why nwp won’t listen, keep thinking I’m missing something!
 
I did the speed awareness course. I am now far more mindful of my speed and the required speed for the class of my vehicle. Been there done it got the t-shirt. As frustrating as it is no matter how much evidence or counter arguement I produced was not good enough for Northern Ireland Speed Awareness Vans :thumbsdown:
Out of interest did your van meet all the requirements of a DPV?
 
Out of interest did your van meet all the requirements of a DPV?
Hi @GHind I think when I actually checked the V5 the unladen weight was over 2040kg but would need to check... There are other threads on here.... Pages and pages and a standard type letter pro forma which I used as well! Good luck!
 
I’m guessing that’s it’s a single carriageway with a National speed limit. So plod are assuming 12mph over the 50 limit for a van, rather than just 2mph over the speed limit for a car or Motorhome. Could be wrong.
Exactly that and they won’t accept my van is DPV just keep quoting the V5 says LGV panel van.
 
Hi @GHind I think when I actually checked the V5 the unladen weight was over 2040kg but would need to check... There are other threads on here.... Pages and pages and a standard type letter pro forma which I used as well! Good luck!
Yeah mines under 2040 windows all around etc class 4 mot certs but they won’t have it they just refer back to the V5.
 
As a relative newbie to the world of DPVs, I find this stuff scary and interesting in equal parts.

The one thing I think I need to do is get windows in my barn doors, I have a second row of seats and side windows and am otherwise compliant with the definition of DPV.

One other win... I won't need a licence to visit my local tip.
 
I’m going for the magistrates option! A speed awareness course won’t be of any use and I’ll just be £100 lighter in the pocket. NWP have stated the prosecution is based on speed for LGV N1 but everything I’ve read indicates that shouldn’t be used so I’ll see if the magistrate can clarify.

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Make sure that you write to the police before hand, explaining your case, quote the relevant sections of the act(s) re. Speed limits & type approval. Also make sure that you make them aware that you’re going to claim costs should you win the case. If it goes to court, make sure you claim costs AND that they are awarded BEFORE you leave the court room. It’s easy to get caught up in the relief of winning & forget to lodge your claim. Generally the magistrate is on your side & the onus is on the police to prove their case. If you read this DVLA you will see that the body type & taxation class has absolutely no relevance when it comes to speed limits, & the DVLA have issued a statement to that effect. Make sure you include the DVLA statement in your defence bundle.
Good luck
 
Slightly off-topic... But I seek the advice of all of you clever people.

My van has been converted from a panel van and now is almost compliant as a DPV - I think I will get rear windows fitted to make me fully compliant with the definition. It isn't, and never will be a camper or even a day van, the back is full of dog crates to get our show crew to Dog Shows.

I am also going to send in my V5 updating the number of seats and I would like to try and get the Body Type changed to MPV. I have read an old thread on here that seems to indicate that this is unlikely to be successful?

Thoughts?
 
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