Got flashed this morning - what is the likely fine/points?
28 December 2003, 07:52 PM
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I got flashed this morning at 4.30am ish on the M42 doing 70 in a 50 zone. It was a clear 3 lane carriagway with the 50 limit in place becuase of ongoing roadworks and cones. Not a soul on the road.
The car is not registered in my name although I am insured to drive it.
Tell it to me straight. What are the possible scenarios?
The car is not registered in my name although I am insured to drive it.
Tell it to me straight. What are the possible scenarios?
28 December 2003, 07:56 PM
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You may get done if the camera is a live one. If so you'll recieve the NIP through the post.
Have a look at www.5ive-o.com in the FAQ section for details of what to do if they have got you.
Steve
Have a look at www.5ive-o.com in the FAQ section for details of what to do if they have got you.
Steve
28 December 2003, 08:35 PM
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If the car is not in your name then you will not get the NIP. What should happen is the person, or company, to whom the car is registered will get an NIP. They will be required to fill in that they believe it was you driving. After that process has been completed then you will be sent an NIP, probably after some considerable time, which will infringe all your civil and human rights by asking you to confess to a crime that there is no evidence to link you with.
If you chose to confess then you will probably be made the offer of a fixed penalty of 3 points and a £60 donation to the Scam£ra Partnership.
As the car is not in your name this whole process can take some considerable time. In that time you might care to spend some time reviewing possible defences as many people are successfully defending similar cases. In the first instance it might be worthwhile to revisit the site to determine if the temporary speed limit signs are legal. Take photos, if safe to do so, and make measurements. The law is very strict on signs and, for example, the contractors name which is often written on the back is limited to characters 25mm high. If any of the laws relating to the speed signs have been broken then you should not have a case to answer.
If you are in contact with the person who is the registered keeper of the vehicle then you should ensure that they keep all the documents relating to the NIP, including the envelope. Some areas have been sending the NIP 2nd class post and this means that it hasn't been legally served.
Should you find a weakness in their case against you, and most cases currently seem to have a few, then don't communicate with police or the partnership under any circumstances. Get a solicitor and let them do that bit. Any communications will put your defence at risk.
Idris Francis also has a very important appeal due early in 2004 relating to the legal requirement to sign the NIP. You should keep a close eye on this situation as if Idris wins then you don't need to sign and they have absolutely no evidence at all against you.
By and large I would say that even if there was film in the camera etc. you probably still hold the upper hand and can give them a good fight for their £60. Good luck.
If you chose to confess then you will probably be made the offer of a fixed penalty of 3 points and a £60 donation to the Scam£ra Partnership.
As the car is not in your name this whole process can take some considerable time. In that time you might care to spend some time reviewing possible defences as many people are successfully defending similar cases. In the first instance it might be worthwhile to revisit the site to determine if the temporary speed limit signs are legal. Take photos, if safe to do so, and make measurements. The law is very strict on signs and, for example, the contractors name which is often written on the back is limited to characters 25mm high. If any of the laws relating to the speed signs have been broken then you should not have a case to answer.
If you are in contact with the person who is the registered keeper of the vehicle then you should ensure that they keep all the documents relating to the NIP, including the envelope. Some areas have been sending the NIP 2nd class post and this means that it hasn't been legally served.
Should you find a weakness in their case against you, and most cases currently seem to have a few, then don't communicate with police or the partnership under any circumstances. Get a solicitor and let them do that bit. Any communications will put your defence at risk.
Idris Francis also has a very important appeal due early in 2004 relating to the legal requirement to sign the NIP. You should keep a close eye on this situation as if Idris wins then you don't need to sign and they have absolutely no evidence at all against you.
By and large I would say that even if there was film in the camera etc. you probably still hold the upper hand and can give them a good fight for their £60. Good luck.
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