Mr P. Scott-Lee,
Dear Mr Scott-Lee,
I was convicted of an offence of exceeding a 30mph speed limit [details of the date and location] and I believe that my conviction may have been unsafe. The road in question did not have street lamps, [or had street lamps more than 200 yards apart, as applicable] and I understand that Suffolk County Council may have incorrectly used Section 82(2)(b) of the Road Traffic Regulation Act 1984 when introducing the speed limit, falsely believing that by doing so it could make the road a 'restricted road'.
Section 82(1) of the Act states: "Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this Act if there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart." Section 82(2)(b) cannot be used to overrule this definition by applying restricted road status to a road which does not meet the street lamps criterion, so the 30mph speed limit I was convicted of exceeding may not legally have existed.
I should be grateful if you will arrange for my penalty points and fine to be refunded [and any further costs such as higher car insurance premiums subsequently paid].
Thank you for your attention in this matter and I look forward to your reply.