Ford Focus ST Forum banner
1 - 20 of 21 Posts

·
Registered
Joined
·
2,044 Posts
Discussion Starter · #1 ·
No i haven't been done for speeding,


I was wondering if anyone would know if a camera van is parked illegally would this make there actions illegal also .
 

·
FocusSTOC Nut!
Joined
·
17,448 Posts
No i haven't been done for speeding,


I was wondering if anyone would know if a camera van is parked illegally would this make there actions illegal also .
doubt it mate. would be up to you to prove it was illegally parked!
by the time you get your fine in the post it will be long gone!
 

·
Registered
Joined
·
5,516 Posts
I dont think they can mate but I am sure they do need permission if it's on a private road.

It's sods law though as one parks on the cross hatchings before a hard shoulder of a dual carriage way by me and surely shouln't be allowed.
 

·
Registered
Joined
·
2,044 Posts
Discussion Starter · #4 ·
doubt it mate. would be up to you to prove it was illegally parked!
by the time you get your fine in the post it will be long gone!
I haven't been caught out by the van myself it was just a general question of legality, i will take a pic of it next week and you can judge for yourselves if you think it has a right to park there. but back to my original question, if the van is parked illegally then would it make its actions illegal too
 

·
Registered
Joined
·
2,044 Posts
Discussion Starter · #5 ·
I dont think they can mate but I am sure they do need permission if it's on a private road.

It's sods law though as one parks on the cross hatchings before a hard shoulder of a dual carriage way by me and surely shouln't be allowed.
This is similar to what i mean, the one in question parks on an island between two roads, across the path which is lowered both sides for disabled access therefore stopping access to the crossing .
 

·
FocusSTOC Nut!
Joined
·
17,448 Posts
it should make their actions illegal, i agree. but i have never heard of anyone getting off a ticket on such a technicality.
it would probably require a good solicitor to argue the fact in court & most people are'nt prepared to go to that exspense.
but im no expert mate.
 

·
Registered
Joined
·
5,516 Posts
This is similar to what i mean, the one in question parks on an island between two roads, across the path which is lowered both sides for disabled access therefore stopping access to the crossing .
You could phone the police and report a vehicle obstructing a foot path


I doubt anything would be done once they find out it's a camera van though.
 

·
Registered
Joined
·
4,264 Posts
2 separate offenses that do not influence one another.

The fact that the vehicle may be parked unlawfully has no effect on the offense of speeding unless you could prove that by the vehicle being so parked it caused the offense of speeding to take place.
 

·
Registered
Joined
·
11,382 Posts
2 separate offenses that do not influence one another.

The fact that the vehicle may be parked unlawfully has no effect on the offense of speeding unless you could prove that by the vehicle being so parked it caused the offense of speeding to take place.
Agree but you can report an illegally parked van that is causing a hazzard, the fact it is a police vehicle shoudl not make any difference
 

·
Registered
Joined
·
2,044 Posts
Discussion Starter · #11 ·
2 separate offenses that do not influence one another.

The fact that the vehicle may be parked unlawfully has no effect on the offense of speeding unless you could prove that by the vehicle being so parked it caused the offense of speeding to take place.
So say for argument sake, if you had been caught speeding by this van and you are aware of it being illegally parked. could you choose the court option on the suggestion that the evidence in the case was illegally gained and not submissible in court .
 

·
Registered
Joined
·
11,382 Posts
So say for argument sake, if you had been caught speeding by this van and you are aware of it being illegally parked. could you choose the court option on the suggestion that the evidence in the case was illegally gained and not submissible in court .
No the speeding is an abo****e offence, i.e. you were either doing or not, where thye wer eparked has no relivance to the charge against you, this is a bit like the old one that a ticket issued by a copper withis a hat on doens't count
 

·
Registered
Joined
·
4,264 Posts
So say for argument sake, if you had been caught speeding by this van and you are aware of it being illegally parked. could you choose the court option on the suggestion that the evidence in the case was illegally gained and not submissible in court .
I am afraid not, defence to prosecution on the basis that the evidence was gained illegally is very difficult and would not apply in this situation. As I said the only real defence would be that by the vehicle being there it caused the offence to take place. So say a Police vehicle was parked in such a position that caused you to have no option but to pass the wrong side of a traffic island contrary to the road markings, or have to travel the wrong way up a one way street, then if prosecuted for either offence you would have a good defence. But as Dennis said the offence of Speeding is absolute, you either were or were not doing so.
 

·
Registered
Joined
·
1,484 Posts
I dont think they can mate but I am sure they do need permission if it's on a private road.

It's sods law though as one parks on the cross hatchings before a hard shoulder of a dual carriage way by me and surely shouln't be allowed.
There is always one on the A556 near Sandiway Golf Club that parks on the hatched area
and one that hides in the gap near the Blue Cap Hotel
 

·
Regular Member
Joined
·
1,285 Posts
It makes no difference where the van is parked... if you are speeding, then you can't blame the position of the camera van for your right foot.

The only objection there could be, is if the position of the camera van could be blamed for your excess speed, but I doubt that's ever going to happen!!!
 

·
Registered
Joined
·
123 Posts
But say you dispute the fact that you were speeding? I think the original questions still stands does the fact the van was parked illegally mean the evidence against you was obtained illegally and therefore inadmissable in court? It may be an absolute offence but there still needs to be evidence to support the prosecution.
 

·
Regular Member
Joined
·
1,285 Posts
The evidence isn't obtained illegally as the systems used to measure your speed are installed in the vehicle and will be in full working order.

It makes no difference where it's parked... it's not the van that captures your speed, it the systems installed within.

If the van is parked illegally or not, it makes no difference on the evidence captured.
 

·
Registered
Joined
·
123 Posts
The evidence isn't obtained illegally as the systems used to measure your speed are installed in the vehicle and will be in full working order.

It makes no difference where it's parked... it's not the van that captures your speed, it the systems installed within.
Yeah I can see how that makes sense.
 

·
Registered
Joined
·
2,044 Posts
Discussion Starter · #20 ·
The evidence isn't obtained illegally as the systems used to measure your speed are installed in the vehicle and will be in full working order.

It makes no difference where it's parked... it's not the van that captures your speed, it the systems installed within.

If the van is parked illegally or not, it makes no difference on the evidence captured.
So this means i can park anywhere i like as-long as i have a camera in the car i cant get a ticket ?. Rules are rules in my book and i think it is wrong to break one to make one imo.
 
1 - 20 of 21 Posts
Top