Was I flashed?

TNGL · 2 Dec 2017 at 00:02

Driving down the M1, variable limit of what I believed to be 60mph and had the cruise control at 62mph (probably 60mph in reality). Saw a flash on my side of the motorway but it came from the far right (imagine a flash coming from over the right hand lane). Was probably going marginally faster than some of the other cars, I was in the middle lane.

The flash was also head on (i.e. it flashed in my face).

Is this flash likely to have been for me? I'm beginning to wonder if the variable limit was 50 and not 60 but I am usually quite astute with this, so I may just be thinking into it. Or could it have been for a car on the opposite side of the motorway?

MissChief · 2 Dec 2017 at 00:04

Doubt it.

Vita · 2 Dec 2017 at 00:06

Doubt it

TNGL · 2 Dec 2017 at 00:08

Say the limit was 50mph and I went full retard and misread it to be 60, is there still any chance that flash could have been for me given where it came from, facing me etc?

grudas · 2 Dec 2017 at 00:21

Doubt anyone will know, wait and see.

Scania · 2 Dec 2017 at 04:15

It was a gantry camera on the opposite carriageway nabbing somebody else, I see this very frequently.

I sometimes (rarely) forget to knock off my cruise control in 50mph roadwork sections, I’m yet (touch wood) to get a ticket despite doing a calibrated 55mph, when I do remember I still find myself overtaken by umpteen trucks still doing 55/56mph....

You’ve nothing to worry about!

Conscript · 2 Dec 2017 at 08:48

Pretty sure all motorway camera gantries take photos from behind, so as above, if you saw it ahead of you it was probably on the other carriageway.

TNGL · 2 Dec 2017 at 12:11

Fingers crossed, it wasnt't for me then. I'll update this in around 2 weeks time.

Evo8 · 2 Dec 2017 at 19:36

If it flashed and you were going towards it then you're fine. I know people who deliberately go through them too fast to set it off to noise up the cars going the other way. There's lines on both lanes so people don't go in the opposite lane to avoid it.

Semple · 4 Dec 2017 at 12:47

I'm still yet to see these flash anyone - although i only see the stretch on the M6 between J8 and J11?

I tend to pass through the gantries within 1-2mph of the advertised limit (i.e. 61/62 with a 60), and i see cars tanking it past me and not getting flashed.

Glanza · 4 Dec 2017 at 13:25

Doubt it with you seeing the flash all the ones on stretch of M1 I travel on would take the picture from behind, More likely someone on the other side of the carriageway.

TNGL · 28 Dec 2017 at 12:53

Yep, no ticket came through in the end. Thanks all.

wedrum · 28 Dec 2017 at 13:00

still time yet

flipface · 28 Dec 2017 at 18:53

wedrum said:
still time yet

U sure? A nip has to be served within 14 days it's now 26 days in!

Hilly · 28 Dec 2017 at 23:49

flipface said:
U sure? A nip has to be served within 14 days it's now 26 days in!

has to be posted within the 14 days, but can allow for longer times due to postal disruptions and time of the year. Pretty sure OP is safe either way

Rainmaker · 29 Dec 2017 at 20:37

hilly said:
has to be posted within the 14 days, but can allow for longer times due to postal disruptions and time of the year. Pretty sure OP is safe either way

That's not true, it has to be received by day 14. AGTLaw on PH posted the case law recently, and the case revolved around a postal strike iirc. Tough titty, it was outside the 14 days, case dismissed. No UK speed camera has a visible flash when forward facing, so you were always going to be safe, OP.

Hyburnate · 29 Dec 2017 at 20:39

Rainmaker said:
That's not true, it has to be received by day 14. AGTLaw on PH posted the case law recently, and the case revolved around a postal strike iirc. Tough titty, it was outside the 14 days, case dismissed. No UK speed camera has a visible flash when forward facing, so you were always going to be safe, OP.

This is what I thought too.

The defence is that 14 days is a fair period to not recall who was driving

Rybo89 · 29 Dec 2017 at 20:41

I got flashed doing 60ish in a 40 not long back on the M1. Didnt hear anything though thank god.

Was a tard moment. Was taking the car to be mapped after having a new bigger turbo and couldnt drive over 2.2k revs which was giving me 60mph in 6th. Too busy making sure i was dead on 60 rather than looking at the varible speed limit. Got flashed then seen the next gantry say 40 so i presume i went through the 40 at 60. Wups.

Hilly · 29 Dec 2017 at 23:33

Rainmaker said:
That's not true, it has to be received by day 14. AGTLaw on PH posted the case law recently, and the case revolved around a postal strike iirc. Tough titty, it was outside the 14 days, case dismissed. No UK speed camera has a visible flash when forward facing, so you were always going to be safe, OP.

http://www.nopenaltypoints.co.uk/does-nip-have-be-served-within-14-days.html

Rainmaker · 30 Dec 2017 at 10:08

hilly said:
http://www.nopenaltypoints.co.uk/does-nip-have-be-served-within-14-days.html

According to that website it was written by people who have 'an interest in the area'... I think I'll stick to a barrister's interpretation for this one.

For example:

The Interpretation Act 1978, Section 7.
7.-[References to service by post.]
Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Road Traffic offenders Act 1988, Section 1.
1.(3) The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.

So, if you can prove the NIP was received outwith the 14 days - for example you spot the envelope and have your friendly local postman witness you open it and he's willing to confirm the day he delivered it - then the NIP is invalid. Someone on PH actually used this defence following a postal strike, and won. The High Court confirmed that it's a valid defence. See the BBC news article about it.