Speeding Tickets and the Law
#1
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Speeding Tickets and the Law
I received some interesting information from a Taxi Driver
Thought I would share
If you read this site it will tell you if you ticket was legal or not? Yes, the police do issue illegal tickets, knowing the speeder doesn’t know the rules the police have to abide to…!
The problem is, 99% of people who receive a ticket admit guilt, and just pay the fine. Not like us taxi drivers. If only they knew…!
http://www.ukspeedtraps.co.uk/acpo.htm
Ok now that you have read the rules the police have to abide to, and before you admit guilt, you could send the police a copy of this: -
Dear Sir,
In response to your recent issue of a conditional offer of fixed penalty regarding an alleged motoring offence on……….dated, I would be obliged if you could supply me with the answers to my questions so I can correctly respond to your accusation:
1) Please provide details relating to the officer who loaded and activated the camera pertinent to this alleged offence.
2) I would like to see all the current training and procedure certificates for the said officer.
3) Please provide identification of actual equipment used to record the alleged offence.
4) I would like to see all maintenance and calibration records for the identified equipment.
5) I would like proper documentation that states that all calibration procedures for the actual site have been actioned accordingly and noted by the activating officer.
6) Please identify the exact location of the equipment used to record the alleged offence.
7) Please show that the vehicle named i.e.., MR5 5OUL was isolated in the field of view and not ‘shadowed’ by any other vehicle.
8) Please provide copies of actual photos of the alleged offence.
9) Please provide documentation that the site was totally suitable for this type of equipment and free from any type of contamination.
10) That the site fulfils any guidelines set down in legislation, i.e.., length of site, eight or more injury accidents in preceding three years ect.
11) That the visibility of the camera complies with all ACPO guidelines ect.
12) I would like a copy of the force’s procedures for the use of said equipment.
I would like this information as soon as possible in order for me to react correctly to your offer. I await your reply.
Yours faithfully.
I know 6 people who have got off with there tickets with this letter.
Good Luck…!
The problem is, 99% of people who receive a ticket admit guilt, and just pay the fine. Not like us taxi drivers. If only they knew…!
http://www.ukspeedtraps.co.uk/acpo.htm
Ok now that you have read the rules the police have to abide to, and before you admit guilt, you could send the police a copy of this: -
Dear Sir,
In response to your recent issue of a conditional offer of fixed penalty regarding an alleged motoring offence on……….dated, I would be obliged if you could supply me with the answers to my questions so I can correctly respond to your accusation:
1) Please provide details relating to the officer who loaded and activated the camera pertinent to this alleged offence.
2) I would like to see all the current training and procedure certificates for the said officer.
3) Please provide identification of actual equipment used to record the alleged offence.
4) I would like to see all maintenance and calibration records for the identified equipment.
5) I would like proper documentation that states that all calibration procedures for the actual site have been actioned accordingly and noted by the activating officer.
6) Please identify the exact location of the equipment used to record the alleged offence.
7) Please show that the vehicle named i.e.., MR5 5OUL was isolated in the field of view and not ‘shadowed’ by any other vehicle.
8) Please provide copies of actual photos of the alleged offence.
9) Please provide documentation that the site was totally suitable for this type of equipment and free from any type of contamination.
10) That the site fulfils any guidelines set down in legislation, i.e.., length of site, eight or more injury accidents in preceding three years ect.
11) That the visibility of the camera complies with all ACPO guidelines ect.
12) I would like a copy of the force’s procedures for the use of said equipment.
I would like this information as soon as possible in order for me to react correctly to your offer. I await your reply.
Yours faithfully.
I know 6 people who have got off with there tickets with this letter.
Good Luck…!
#6
To which they reply
"Dear Sir
Please show us which law says that we have to follow the ACPO guidelines. They provide guidelines in the use of speed measurement equipment and are not law.
For your reference the Safety Camera Partnership "rules" are exactly the same - guidelines and not legally enforceable.
In both cases the guidelines are made public and called "rules" to full the guilable public with more new labia spin
YS
Chief Constable
PS - You have 28 days to pay me my money or I send the boys around"
"Dear Sir
Please show us which law says that we have to follow the ACPO guidelines. They provide guidelines in the use of speed measurement equipment and are not law.
For your reference the Safety Camera Partnership "rules" are exactly the same - guidelines and not legally enforceable.
In both cases the guidelines are made public and called "rules" to full the guilable public with more new labia spin
YS
Chief Constable
PS - You have 28 days to pay me my money or I send the boys around"
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#10
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unfortunately the ACPO guidelines are just that, guidelines.
as has been proven in magistrates court many times over the past few years.
guidelines suggest that a tolerance of 10% + 2mph should be applied before seeking prosecution.
again, proven to be rubbish in the magistrates court.
sorry, nice try though
as has been proven in magistrates court many times over the past few years.
guidelines suggest that a tolerance of 10% + 2mph should be applied before seeking prosecution.
again, proven to be rubbish in the magistrates court.
sorry, nice try though
#15
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no, doubt it will tbh, what might be of more interest to you at the moment is the 14 day rule.
if/when the CTO adhere to this then your next best bet is the paragraph 4 defence.
note: if applying the para.4 defence you better NOT be lying because purgery carries a much harsher penalty.
if/when the CTO adhere to this then your next best bet is the paragraph 4 defence.
note: if applying the para.4 defence you better NOT be lying because purgery carries a much harsher penalty.
#16
As others say guidelines have no standing in law and are frequently ignored. Another point which is perhaps not made clear is that the police are under no obligation to provide you with any of this information until 14 days before your trial. What this means, of course, is that you have to plead not guilty and go to court before you have any right to see any information pertaining to your case. If you plead not guilty on the strength of the NIP the truth may be that they have no evidence at all against you but may have picked your number at random in a lucky dip. As pointed out it is not uncommon for cases to be withdrawn once the motorist pleads not guilty and this is leading people to question just how many people are paying out when there is no case against them.
Last week the police in Wales started sending letters to motorists to say that the police statements upon which their convictions were based had no standing in law as they were automatically generated by a computer, so the random lucky dip concept is not too far fetched. This only came to light when one motorist went to court and said that the signature on the statement he was given looked like it was computer generated. It was, and so was the statement.
In saying all this the principle here is correct: you should demand to see all the evidence against you and you should fight it all the way. Did you know that if you go to court the camera partnerships don't actually get the cash? Well, it's true. If everyone went to court then they would be bankrupt in a matter of a few months. All those nice offices and easy jobs and motorists losing their jobs because they had the misfortune to stray over the limit would stop. At least until our Stalinist administration came up with another way to try and control our lives.
Last week the police in Wales started sending letters to motorists to say that the police statements upon which their convictions were based had no standing in law as they were automatically generated by a computer, so the random lucky dip concept is not too far fetched. This only came to light when one motorist went to court and said that the signature on the statement he was given looked like it was computer generated. It was, and so was the statement.
In saying all this the principle here is correct: you should demand to see all the evidence against you and you should fight it all the way. Did you know that if you go to court the camera partnerships don't actually get the cash? Well, it's true. If everyone went to court then they would be bankrupt in a matter of a few months. All those nice offices and easy jobs and motorists losing their jobs because they had the misfortune to stray over the limit would stop. At least until our Stalinist administration came up with another way to try and control our lives.
#19
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No it didn't Tiggs.. and I never said it were true or that it would work - just thought I would share. So, you being the expert, what is your advice then?
#20
if you show me a pig and call it a horse i will point out its a pig. that doesnt make me an expert on horses.
T
ps- i have posted before how i got off my ticket with a very simple letter that didnt try and "out red-tape" the police
T
ps- i have posted before how i got off my ticket with a very simple letter that didnt try and "out red-tape" the police
#22
For a start, as most police forces will gladly tell you, you are only entitled to the items in that letter if you intend to plead not guilty, which means you must first reject the offer of a fixed penalty, but if you really want to go to court over it, that's up to you
#23
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nobody is saying that you shouldnt go to court over it, after all, as a British citizen its your right to be tried in a court of law.
the days of trying to out weasel the rozzers wrt s.172 offences is long gone
the days of trying to out weasel the rozzers wrt s.172 offences is long gone
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