tmo

Why do they not have to provide evidence of my alleged speeding ?

Is it not within my legal rights to demand and receive this ?

These might help for people living in Humberside as well

http://www.eastriding.gov.uk/safetyc..._locations.pdf

Site of alleged offence
http://www.eastriding.gov.uk/az/face...PEC33&pRef=233

Diesel

Basic cornerstone of justice is backing up and proving what you allege, so yes, of course, they have to prove what they allege. In our screwed up system however you have to plead not guilty first in order to see the proof [although it is unlikely that they will want to divulge the proof... >idea<]. If you are up for a fight I suggest you switch forums to a more appropriate one...

pslewis

Were you speeding?

If yes, pay up and smile

If you weren't then go to court and pay up there

Too many people get hung up on this - pay the poxy £60 - take the points - learn your lesson - move on in life - stop speeding

I can understand your anger, but - trust me - just pay and move on

Pete

tmo

no anger Pete just want the evidence.

Do you believe everything the police tell you ????

Diesel

PS jumps a step here - a common pleb mistake... Maybe call it 'option 1 - just reach for the wallet'.

However a more intelligent 'option 2' is to ask to see the proof and, if you were speeding THEN pay up and smile.

If you were speeding in town or were causing increased risk or danger to anyone via your speed I hope they nail you hard. If however they are again abusing processes of justice and disclosure of basic proof then that could be the end of it.

D

druddle

Write back to them and ask to see the evidence. You are totally within your rights to do this. I did. Dont worry they wont prosecute you if you dont admit it within 21 days. Once they send the evidence you will get another 21 days to respond.

If you feel like you want to fight it then be prepared to go all the way. My case lasted nearly a year. To cut a long story short, there was more than one fatal flaw in their summons bundle of evidence sent to me and to be used in court. 2 court appearances later, and once i had pointed this out to the magistrate, the case was dropped.

Dave

Tiggs

lol....whats the point? they will send you a photo of your car speeding..what then?

you think you might get lucky and find then send a photo of your car at a standstill?

druddle

But if they cant produce it for some reason......

davyboy

The reason it is not sent is to avoid any "problems"

Imagine opening the letter on a Saturday morning, next to the wife, and in the proof picture there is another woman

tmo

Seems to be a little confusion here !!

All I wanted was an opinion on requesting the evidence as I have no recollection of the alleged offence. No ‘ how do I get off this !!’

I do not have a problem with 3 points and £60 if it is correct.

What I do have a problem with is receiving a letter from the police claiming an alleged offence took place when I have
a- no recollection of the offence
b- they have not provided evidence of the offence.

Without option B do you think I should just accept the fine ….. Don’t think so.

hedgehog

A chap driving a tractor was recently done for 85mph, needless to say he didn't just pay up and take what was coming to him but he had to fight the case.

There are cases every day now of camera evidence being shown to be unsound so if you have no recollection of speeding then it is a distinct possibility that you weren't speeding. My favourite from some time back was a Rover Metro which, it was claimed, was doing 420mph at the time of the offence. As i recall the partnership didn't just laugh and drop the charges either, at least not until the press got the story.

Those who say that if you've done nothing wrong then you've nothing to fear are idiots, the innocent are the people with most to fear.

They have to provide the photographic evidence to you 7 days before any trial, if they don't do this, and often they don't, then you can argue in court that they have no evidence of an offence and a very many people win using this defence. There are also a wide range of other defences and www.pepipoo.com is currently leading the charge when it comes to defending speeding allegations.

One way to get the photographic evidence is to write to them and ask for it to help identify the driver however be very, very careful in any communication you have with them. Say nothing at all except what you need to say. There is probably a sample letter for the job on pepipoo and i imagine the total substance is "in order to help identification of the driver please supply photographic evidence."

Even before you contact them in any way it might be worthwhile to consider the other defence options presented on pepipoo. Because the police and partnerships now admit to monitoring the site a lot of the very good work has gone slightly underground, but it is still there and you will get help.

Remember even if you go not guilty now you can change your plea at any time before you actually step into the court and in general the fines imposed in court are in keeping with the £60 that you will get anyhow with costs usually coming in around £40ish. The points tend to remain at 3 and none of the cash taken from you in a court fine goes to the camera partnership.

tmo

Not happy with this at all, think it may be a day out in court.
just does not sit right.

paul-s

I received exactly the same thing this morning on my doormat, nip stating they are 'contemplating' prosectution for speeding yet again i do not have any recollection of the incident. If theres evidence ill pay up an stump up my license.

Need to provide details of the driver at time first, but at which point do you request the evidence and why does their letter (met) only state they are contemplating the charge ?

hedgehog

They are only contemplating it because the car can't have carried out the crime and so, until you confess, they currently have no suspects to blame. Once you confess then they have someone to blame and they can then go ahead.

pslewis

YES

Pete

pslewis

Look, you ALL know you are speeding day in, day out - pay up and slow down, make the roads safer for the rest of us who have to put our lives at risk so that you can have your thrills!!

I say, £100 minimum fine and 7 points each time - ban for 6 months at 12 points(carry over 2 when licence is returned).

Caught speeding a 3rd time and there is a 5 year ban and your car is sold - the price realised is the fine, subject to a minimum £3000.

Soon have you driving as wisely and skillfully and safely as me

Pete

andy97

iTrader: (1)

Request photos as Hedgehog as suggested. This might help in identifying the driver, if it does and the alleged speed isnt much over the limit, then use the Pace witness statement from Pepipoo. If the photos are inconclusive, use reasonable diligence to help in identifying the driver, if you are still unable to identify the driver then the legal defence of SS4 of section 172 of the Road traffic act. Again all this information is available from Pepipoo and is perfectly legal.

Andy

ChrisB

Does that apply when you're caught driving at or below the speed limit with equipment that is claimed to work but doesn't Pete?

Spoon

When I last asked for photographic evidence, they sent it by return!!


I'll fight it!!

pslewis

If you are driving at, or below the limit, then you have nothing to fear .... can't see the point of your post?

If you are caught speeding then you should be done, yes!?

Pete

cw42

iTrader: (1)

It's a sad day when a moderator on here is baited by pslewis We've all seen him say the same old same old countless times on here. Just ignore it, and it will go away one day.

pslewis

So, let me get this straight ....... YOU want to speed without getting caught, I - on the other hand - want to stop the deaths of the innocent families because of selfish driving.

And you have the bloody cheek to question me???? You selfish ****!

Pete

hedgehog

I don't think Chris was "baited" but it is important to outline the truth of the matter so that those who may read posts by the likes of Pete get to see the whole picture.

The whole picture is that there are an increasing number of cases coming before the courts where the speed measuring gear is shown to be at fault. One recent BBC documentary used a police laser device to show a stationary brick wall moving at 58mph. Needless to say the "safety" partnerships are not keen to keep you informed about such events and so it is down to others to do it.

With this in mind Pete provides a useful conduit for the discussion of such problems with the speed revenue generation system as there is no possibility of anyone giving any credibility to his remarks while the 58mph brick wall, for example, can be supported just by watching the footage and seeing proof of just how wildly inaccurate the speed measuring devices can be.

pslewis

If you are innocent of speeding then I support you going to court and proving that you were not actually speeding!! The magistrates will make a judgement.

If you are guilty then you are placing innocent lives at risk and the penalties should be MASSIVE!!

ChrisB didn't get baited by me as I wasn't even fishing and he knows me too well.

Pete

tmo

Are you either too young to drive or too old and pysically unable to drive ? or does your total weeks driving amount to nipping down the offy for your bottle of meths ?

scoob_babe

He does have points on his licence for speeding so doesn't practice what he preaches

pslewis

No he doesn't!!

Pete

pslewis

It's a funny thing, but I drive around at the speed limit ........ strange concept for you clearly!

Pete

tmo

what a funny little thing you are, most amusing

scoob_babe

I'd still contest the NIP if you don't have any recollection of when / where etc.

PSL - ok, pedantic git, yo udid have points as you posted on here about them!