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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70181
Experience:  Over 5 years in practice.
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Trial by declaration in the uk?i believe that entrapment, lack of information to an impen

Customer Question

trial by declaration in the uk?i believe that entrapment, lack of information to an impendinding speed restriction caused myself to break the law by speeding.i went from a 50 mile speed restriction on a dual carriageway into a tunnel which on entering said end, there being no further signage of what was at the other end of the tunnel.obviously being a dual carriageway I went through at 60 mph only to leave the tunnel into a 40mph limit and being clicked by a safety enforcement van on my left hand side. I have been driving for 40 years with a complete clean licence so am no fool on the road . I believe because of lack of info , and through unawareness of traffic system requirents should not suffer a conditional offer of a fixed penalty.
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your question about this?
Customer: replied 2 years ago.
Do I accept liability for alleged offence or contest the matter
Expert:  Jo C. replied 2 years ago.
Is this the Dartford toll tunnel by any chance?
Customer: replied 2 years ago.
No, The RoundellTunnel. on A20 near Folkestone, Kent. 180 drivers were caught out in first week
Expert:  Jo C. replied 2 years ago.
Ok. I know that area fairly well and the signs do comply with the requirements.
It is a defence to say that the signing of the change in speed limit did not provide 'adequate guidance' in accordance with S85 RTA 1988.
However, 'adequate guidance' does not mean perfection and the signs at the location are sufficient to alert the reasonably observant motorist which is all that is required. I understand why people don't see these signs and it is essentially because long stretches of motorways and A roads can send drivers into a zone that makes them oblivious but that is not a defence.
If you are intent then you can always defend it. It is always possible that the signing has changed since I was last there.
The risk that you run is that if you lose at court you will have to pay costs. You wouldn't get any more points but costs and the fine could be a nasty shock.
There is always the possibility that they will forget to summons although Kent Constabulary are pretty efficient about things like that.
Can I clarify anything for you?
Customer: replied 2 years ago.
No, thank you for you help
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile