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D00 10 January 2007 06:53 PM

Speeding Ticket at 0 MPH!
 
Can someone please help - I don't know what to do - my wife received a letter today stating she was travelling at 97MPH on the M4. However, the car did not move from outside our house on the day speciified!

Why have she received a speeding ticket? And what the fcuk do we do now?

We cannot prove the car was stationary outside our house at the said time and date!

Anyone been in a similar situation? She is so upset about this.

Mark.

Multijfj 10 January 2007 06:58 PM


Originally Posted by D00 (Post 6533739)
Can someone please help - I don't know what to do - my wife received a letter today stating she was travelling at 97MPH on the M4. However, the car did not move from outside our house on the day speciified!

Why have she received a speeding ticket? And what the fcuk do we do now?

We cannot prove the car was stationary outside our house at the said time and date!

Anyone been in a similar situation? She is so upset about this.

Mark.


Ask for photographic evidence because the car was on ur drive, so clearly it cant of been you. It will be someone who has your plate on their car.

If they have exactly the same car as you, its unlucky, but you can still fight it by asking to see a detailed picture of the driver!

nik52wrx 10 January 2007 06:58 PM

Do you ever use the M4. Reason i ask is maybe they have the date wrong.
If you dont ever use the road things could awkard to proove either way.
Nik.


Originally Posted by D00 (Post 6533739)
Can someone please help - I don't know what to do - my wife received a letter today stating she was travelling at 97MPH on the M4. However, the car did not move from outside our house on the day speciified!

Why have she received a speeding ticket? And what the fcuk do we do now?

We cannot prove the car was stationary outside our house at the said time and date!

Anyone been in a similar situation? She is so upset about this.

Mark.


GazJenno 10 January 2007 07:00 PM

Send a letter to the ticket office saying that as far as you know the car had not moved from outside your house on the day in question and that you would like to see the photographic evidence. They have to send you a picture of the car and driver. Its likely they have made a mistake with the Number Plate or summit so the car in the picture may be totally different from yours.

martSTI 10 January 2007 07:00 PM

Hi mate, sorry to hear about your trouble. I work in a bank and one of our customers had the same problem, but luckily he remembered he was in the bank at the time the pic was taken. This ment he was on our cctv in the bank and bank car park.

It turns out his car had been cloned and a identical car is running around the country somewhere same model,colour and number plate.

Find some people that will witness seeing your car on the driveway.

pslewis 10 January 2007 07:01 PM


Originally Posted by D00 (Post 6533739)
We cannot prove the car was stationary outside our house at the said time and date!
Mark.

Why can't you?

Neighbours? Friends? was it a local speed camera?

If it was local and you have no proof then you need the car to be different in some way to yours - cracked windscreen, for example?

They get these stories all the time and you need CONCRETE evidence to prove it wasn't you ...

andy97 10 January 2007 07:26 PM

Important Firstly dont do anything for 14 days. This is because if the police have made an error on the nip with dates etc, they will not be allowed to correct the nip after 14 days, but if you contact the police in the 14 day period and they realise that they've made an error on the nip they are allowed by law to issue a corrected nip and the offence will stand.

In the meantime just go over your movements, whether you have travelled on that motorway in recent days

After the 14th day then you can query the nip by disputing the dates, times etc

Andy

MrRA 10 January 2007 07:27 PM

Clearly someone has cloned your reg.

No doubt it was the speed camera van that's forever stationed near Pencoed.

Ask for photographic evidence. No doubt that will show your reg. on a completely different car. Once that has been established go to the police with your evidence.

andy97 10 January 2007 07:36 PM


Originally Posted by pslewis (Post 6533787)
Why can't you?

Neighbours? Friends? was it a local speed camera?

If it was local and you have no proof then you need the car to be different in some way to yours - cracked windscreen, for example?

They get these stories all the time and you need CONCRETE evidence to prove it wasn't you ...

Not if the police have made a mistake on the nip. Case law will back up his position. However, there could be cloned vehicle, but just in case its a clerical mistake he should wait 14 days from the date of the issued nip/S172 form.

If its cloned- no problem
If its a clerical mistake- no problem to defeat after 14 day wait.

D00 10 January 2007 07:42 PM


Originally Posted by MrRA (Post 6533894)
Clearly someone has cloned your reg.

No doubt it was the speed camera van that's forever stationed near Pencoed.

Ask for photographic evidence. No doubt that will show your reg. on a completely different car. Once that has been established go to the police with your evidence.


Yes Pencoed! We were not near the place. We were just getting up from bed at the time, she was accused of speeding! My wife does not speed like that anyhow. And have never had any fine for driving ever - like 25 years! And she cannot have have a fixed penalty - because its 26MPH over the limit, so must go to court. We really are so p!ssed off atm!

911 10 January 2007 07:48 PM

Does the '14 day' rule still apply to all speeding tickets?
My daughter was flashed in a gatso and she is adamant she was doing 40 or JUST below in a 40 zone. That was 7 days ago.
If she gets nothing in the post for 14 calendar days is that the end of it?

On the original topic:

What happened to 'You are Innocent until proven guilty'?

Ask for the drivers face pic so THEY have to proove YOU were the culprit.
It is the driver committing the offence, not the car.
These things are a terrible worry to many good people.

Good luck with it and I hope it all turns out right quickly.

Graham

andy97 10 January 2007 07:51 PM


Originally Posted by D00 (Post 6533967)
Yes Pencoed! We were not near the place. We were just getting up from bed at the time, she was accused of speeding! My wife does not speed like that anyhow. And have never had any fine for driving ever - like 25 years! And she cannot have have a fixed penalty - because its 26MPH over the limit, so must go to court. We really are so p!ssed off atm!

According to magistrates guidelines the speed is just on the limit of a fixed penalty offer- £60 3 points, but that is acedamic as you firmly say, it wasnt your car on that day.

fivetide 10 January 2007 07:55 PM

Don't panic yet. It could well be a clerical error. All the NIP says is the reg plate, a mate of my dad's had one through and when they sent the photo it was a completely different car. The plate on the offender was mucky and they'd simply guessed the final digit!

m.

andy97 10 January 2007 08:01 PM


Originally Posted by 911 (Post 6534007)
Does the '14 day' rule still apply to all speeding tickets?
My daughter was flashed in a gatso and she is adamant she was doing 40 or JUST below in a 40 zone. That was 7 days ago.
If she gets nothing in the post for 14 calendar days is that the end of it?

Yes

see RTOA 1988
1.-(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless-
(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
( B) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or

[c] within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was-



On the original topic:

What happened to 'You are Innocent until proven guilty'? unfortunately this doesnt apply to SEC 172 RTA 1988, but things are likley to change after Ohalloran/Francis judgement- due out shortly:D

Ask for the drivers face pic so THEY have to proove YOU were the culprit.
It is the driver committing the offence, not the car.
These things are a terrible worry to many good people.

Good luck with it and I hope it all turns out right quickly.

Graham

Andy

MrRA 10 January 2007 08:24 PM


Originally Posted by D00 (Post 6533967)
Yes Pencoed! We were not near the place. We were just getting up from bed at the time, she was accused of speeding! My wife does not speed like that anyhow. And have never had any fine for driving ever - like 25 years! And she cannot have have a fixed penalty - because its 26MPH over the limit, so must go to court. We really are so p!ssed off atm!

Don't be pissed off mate. If you are inncocent then you clearly have nothing to get stressed about. If it wasn't you then there is no way that you can be prosecuted for the offence at hand.

As I've said just ask for photographic evidence and then go from there.

scotthldr 10 January 2007 08:54 PM

Where in relation to the M4 do you stay, reason for asking is that if you stay well away from it ie; a couple hundred miles then you would've had to stop for fuel and more than likely have used a debt card, which would appear on your bank statement ie; location and time. Believe it or not it's easier to prove where you were than you think- Sky tv know if you were watching, did you log onto the internet, did you use your home telephone etc. More than likely a clerical error. Good luck anyway

Terminator X 10 January 2007 09:34 PM

Who cares what the ticket says! Car was on the drive, fact. Just tell them that they've got it wrong. Them to prove otherwise.

TX.

Flaps 10 January 2007 09:45 PM

Registration cloning is more common than you may think
https://www.scoobynet.com/scoobynet-...-pictures.html
Someone that used to work with my dad had a similar problem to yours. He had to write a letter saying she was at work at the time. I don't suppose 'she was in bed with me' has the same effect though.
Good luck pal.

911 10 January 2007 10:38 PM

Thanks for the info Andy.
Graham.


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