BLU

iTrader: (27)

My wife has just received in the post this morning a 'notice of intended prosecution' for a speeding offence that was alleged to have happened on Mon 6/7 at 08.57.

The road that the alleged offence took place has no fixed cameras on it in the direction my wife was travelling. My wife saw no mobile speed traps/cameras and was quite taken back today after receiving the notice.

I assumed that mobile speed traps had to be visible??? If it had have been visible and she'd realised she'd possibly been caught speeding then I'd have got a panicked text almost straight away!!!!

Are we entitled to more details, ie position of speed camera, direction of travel, photo/video?? as we are really in the dark as to where this alleged offence took place!!

If my wife admits to being the driver at the time (which she was) is this then automatically admitting to the speeding offence? If she was speeding then she'll happily hold her hands up, however we don't know when/if she was, so don't want to admit to it ATM

radboy69

u need to check with the council about certain things involving speed camera location such as if it is an accident black spot ect,im sure some one one here can explain better than i can, ....
(but its pretty aparent ur wife was doing 150 past a school whilst on the phone)
ask for photograpic evidence of who was driving and good look

scunnered

iTrader: (1)

You'll find all the info you need on the PePiPoo: Helping the motorist to get justice website

tanyatriangles

iTrader: (2)

AFAIK, mobile cameras can be set up anywhere, any time and don't have to be visible, nor does their presence have to be advertised with signage.

You can ask for a photo, but I'd just take it on the chin.

Fighting it often results in a court appearance, and since the magistrates are part of the same "safety camera partnership", guess who they side with 99.999% of the time?

And when they do, you get FOUR points instead of three, £100 fine instead of £60 and court costs of around£150, PLUS a victim surcharge of £15. Not worth it, IMHO

Miniman

iTrader: (2)

Which they will be very reluctant to provide - even if you get it at all.

If you genuinely don't think it was you then I would fight to get the photo before signing any thing about who the driver was (ie not incriminating yourself before you have seen the evidence). If it could have been you wife then I think you run a very close line between not incriminating yourself (which is allowed) and lying - which would only make matters worse IMO.

My personal opinion is that points are no big deal now, no need to get too stressed about the odd infringement.

zeuss

iTrader: (2)

i recieved letter like this cpl weeks ago i sent email to address provided and evidence arrived cpl days later. same story here really the rd i was caught on had no cameras on it i also saw no one else on the road it was a long straight B road, only thing i can think of is it goes under a motorway bridge therefore must have had something on the bridge that caught me doing 42 in a 30

myblackwrx

iTrader: (1)

I was recently caught at 6.57am on my way to work (a small stretch of dual carriageway speed limit 40mph) and i know they do put mobile units there BUT normally there are the van with blacked out rear window this time i saw **** ,no van ,no tripod mounted camera etc all so i was quite surprised when a NIP came through the post.

http://www.dft.gov.uk/pgr/roadsafety...ftcirc0107.pdf page 7 paragraph 41 it looks like mobile sites should still have signs but i've only glanced at it.

andy97

iTrader: (1)

He already knows who was driving, by stating his wife didnt see anything. To request the photo. Write the following " Please supply photographs of the alleged offence to help in identifying the driver"

Quote your reference on the NIP.

Dont put any words like photographic evidence. Keep it very simple.

Lastly go to PePiPoo: Helping the motorist to get justice, sign up and post your details after filling out the NIP wizard.

Andy

hodgy0_2

not my experience, btw, both times I have had a NIP they have provided photographic evidence


depending on the area you might be offered a driver training course

Miniman

iTrader: (2)

And that's my point, if you know who was driving then all you are doing is frustrating/delaying the system and possibly risk lying if you push it too far. Hence no point trying to get the photo to prove you weren't there. Unless you really are trying to prove that they weren't on that road at all and the NIP is entirely fabricated :-)

As I understand it they are reluctant to supply the evidence because they don't have to until the case goes to court. Because it's a notice of intended prosecution, not an actual prosecution hence no requirement for them to tell you any of the evidence they have. I think it's a bit of a grey area, but you might as well ask for the photo. The costs involved in reading your response and replying, even if to say no, all adds costs to the Scamera partnership and make make them seem less of a money earner.

PaulC72

the only question to think about is was she speeding? If she was take the points and consider her unlucky that time but lucky for all the other times she may get away with it, if she wasn't speeding challenge it.

It is just one of those things.

pacenote

As has been said already get over to Pepipoo for advice. Sounds like a case for a PACE statement to me.

BLU

iTrader: (27)

She is genuinely not sure, its not the sort of road you can get speed up on as its quite built up and lots of parked cars etc. Thats why we want some evidence, and if she was caught then thats fine, she'll take the points and fine.

It was 40 in a 30 BTW!!

Leslie

Telling them that she was driving the car is not the same thing as admitting she was speeding at the time.

Les

Timwinner

iTrader: (3)

Get a photo on the grounds of identifying the driver, If it was her you can challenge the calibration of the equipment used in court.
Speed traps do not have to be visible, If it was her and the speed looks like it was a realistic speed and an honest mistake take the points.
Its hard and annoying but the only advice that holds any water is if you dont want to get done for speeding.....Dont speed.

BLU

iTrader: (27)

Does anybody know how accurate the location on the ticket needs to be?? We are still unsure of the exact location as all the ticket says is the A road number which is a bit vague. (its approx 3 miles long and has 3-4 different road names!!)

FLD_WILLIS

As already said, ask to see the photo's but word it carefully. Do not ask for ''evidence''. Best of luck to you if you decide to fight it, but as already said again, she will get an extra point and a bumped up fine if it goes to court and she loses. Been there, got the t-shirt.

When I contested mine, the information on the statement from the PC was less than accurate but because I couldn't proove I wasn't speeding, I lost. Even though there was no recorded or photographic proof of my ''offence''. I'd say just let your missus accept the points, saves a lot of stress and messing around.

N.I.P's are still so flawed, but there is less you can do about it nowadays thanks to rich footballers with lots of lawyers making the flaws so obvious. A Notice Of Intended Prosecution... Nobody has been read their rights, one of which is the right to remain silent and not incriminate oneself. A lot of people have written very clever letters admitting to the offence but exercising their right to remain silent, I'm not sure how succesful they have been... Bascially saying ''Yes, it was me, I was doing 150MPH past a school at 3PM in reverse pissed as a fart... But you don't have my permission to use this statement in court''... By doing this they've identified the driver as asked to by the N.I.P as failure to identify is also an offence.

Timwinner

iTrader: (3)

In court that would considered a significant statement and would be used against you, Not heard of it before but it sounds like it could be an urban myth.
Having said that I dont represent footballers.... Normally just drunk idiots that have kicked in a shop window for me.

FLD_WILLIS

Haha, yeah it was exagerrated but you get the jist of it!!!

As I said, I don't know if people have been succesful doing this. I think I read it in MCN about a year ago.

Timwinner

iTrader: (3)

I agree with you the best thing is take the points, Makes no difference to your insurance, almost more people than not have 3 points now.

jods

So - Guilty until proven innocent then, I felt sure it SHOULD be the other way around...

tanyatriangles

iTrader: (2)

Not under Lying Labour, mate.

Remember, they are the party, "tough on (motoring related, easily detected by camera) crime, tough on the causes of, (motoring related, easily detectable by camera), crime