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Old 03 August 2006, 08:31 AM
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Rioja
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Ok, so I've got an NIP; no probs there, I was a bit over the limit.

However, I think the scamera van was illegally parked, ie on a public footpath. I can't find any info on Pepipoo, can anyone point me in the write direction to find out if this constitutes 'mitigating circumstances'??

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Old 03 August 2006, 09:12 AM
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555-Shaggy
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I was in similar situation mate, I don't think I ever found anything - or at least anything useful which said this was definitely wrong. Basically, all the rumours about mobile vans have to have signs warning of them etc are all just that, rumours - I think this'll be the same unfortunately
Old 03 August 2006, 09:15 AM
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ChrisB
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Makes no difference IMHO. Scammers can park where they like...
Old 03 August 2006, 09:27 AM
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Bottomfeeder
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They can park where they want.
I had a chat with some 'guys' parked halfway up Marlow Hill in Wycombe.
They had chosen a very intersting place, the hill has a school on it, they park in the entrance, the hill is also in 'two parts' the entrance is on a small flat space between the two gradients and just inside the 30mph zone. You can't see them from the bottom of the hill and by the time they are in your sight it's too late. I asked them if they were really ok to position themselves there and apparently they can, it's perfectly legal for scammeras to park wherever they want, even in the entrance to a school.
Old 03 August 2006, 09:39 AM
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stilover
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Originally Posted by ChrisB
Makes no difference IMHO. Scammers can park where they like...
Don't think they can. They have to obey the highway code ie. Not park on double yellows etc. Was something on TV or in the paper awhile ago about it. If you can prove they parked illegally then the NIP is illegal.

Although proving it will be very hard as you'll need photographic evidence as it's you word against a coppers !!!!! Although the NIP picture might just prove how he was parked, if you see footpath or double yellows.
Old 03 August 2006, 10:03 AM
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Rioja
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Originally Posted by Bottomfeeder
They can park where they want.
I had a chat with some 'guys' parked halfway up Marlow Hill in Wycombe.
They had chosen a very intersting place, the hill has a school on it, they park in the entrance, the hill is also in 'two parts' the entrance is on a small flat space between the two gradients and just inside the 30mph zone. You can't see them from the bottom of the hill and by the time they are in your sight it's too late. I asked them if they were really ok to position themselves there and apparently they can, it's perfectly legal for scammeras to park wherever they want, even in the entrance to a school.
Ha, Ha! the very place I got done, going up the hill; wasn't about the 12th July was it? Did you take any phone pictures pictures or anything you could PM me?

Was hoping to wangle a way out, but it's been about 6 years since I've had one so I suppose I'm due!

Regards
Old 03 August 2006, 12:53 PM
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kingofturds
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Has to be camera signs within 1.5km of the site if it is used more than once in a 6 month period I used this in my "alleged" speeding charge and got off
Old 03 August 2006, 08:27 PM
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Most law contains a get out clause along the lines of "this applies to everyone except a police officer in the course of his duties" and so it has been assumed that they can park their vans where they like.

However, I saw an outline of a recent defence where the camera van was shown to be parked on the footpath and one element of the defence case was that no order for the closing of the footpath had been obtained. I didn't see any more details of the defence than that and wasn't really paying attention but I would guess that the basis may be that the camera van operator was not a police officer etc.

To be honest I'd say that to win on this alone you would need a good solicitor but I am given to believe that the above defence was successful though am not sure if there were other aspects which contributed to, or were the major factor in, the success.
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