TheInsanity1234 wrote:1: The law states that speed cameras must be clearly visible,
Not it doesn't. There used to be guidlines to that effect but guidlines are not law, and in any event they only applied to safety camera partnerships not the police.
so presumably a policeman holding a radar gun in an unmarked car could be an infringement of our rights?
No more that a policeman hiding behind a hedge to catch a housebreaker is infringing their rights.
The police have a duty to catch people committing criminal offences, and covert activity is an accepted part of policework.
As far as the law is concerned speeding is a criminal offence no different from any.
there are absolutely no speed limit repeater signs whatsoever, despite the whole road seeming that of a 50/NSL road. For short stretches, there are street lights, and you do go through a cluster of small houses with frontages on the road, so that is reasonable, and my dad actually slowed down through that, but after that point, there is no clue that the speed limit is 30.
If
at the point the alleged speeding was detected there were no street lights and no repeaters then the statutory defense and bar to conviction for speeding set out in Section 85 of the Road Traffic Regulation Act 1984 as amended may apply. He may wish to speak to a solicitor who specialises in road traffic law on this point.
If there were streetlights at that point then he is unlikely to have defense.
Can you post a GSV of the section where he was detected?
The other point that has to be mentioned is that when my dad went along the road, apparently he did not catch up to any cars on the road, and there were none in sight, so he couldn't have realised his mistake because there wasn't anyone else around to copy from.
Irrelevant. The responsibility for the vehicle rests with the driver and the driver alone, to suggest that he was not exercising that responsibility is to admit to driving without due care and attention. He does not want to take an argument like this in front of a court.
I've found on the internet that
The police must serve an NIP within 14 days of the alleged speeding offence, but there are some circumstances in which the notice will still stand even if it's served later than this, for example:
if extra time is needed for the police to act with 'reasonable diligence' to find out who the registered keeper is and how to contact them; or
if the delay was the driver’s fault, for example because they have not told the DVLA of a recent change of address.
This advice is only applicable where the driver is not stopped and identified at the time of the incident. As he was stopped at the time it does not apply to his case as he will have been administered a verbal NOIP at the roadside.
(So far, we have not received a NoIP even though it's been at least 3 weeks since my dad was caught speeding.)
No NoIP will be sent. Next steps will be to receive a Conditional Offer of Fixed Penalty or a summons. A summons can take many months to arrive (they have 6 months to submit it to court and not unheard of for it to be several weeks after than for it to be served), COFP normally arrive within a few weeks.
Based on the speed the most likely outcome is a COFP unless he already has 9 or more point in his license in which case he can expect a summons.
