owbow

hi all

Got pulled and accused of speeding 18/8/05, officer was using Laser and was going to issue a fixed penalty. Not satisfied i had been doing the speed he said (68 in a 40) I asked a few pertinent questions about calibration checks he may have carried out before the tour of duty of the device, and any written evidence of such. In reply to my questions he tore up the fixed penalty and instead issed me with a 7-day producer, and left with a comment of "you'll be hearing from us in the post about the speeding"

now, 18/8/05 being the date of the alleged offence and the date of summons being 21/02/06.... isn't this over 6 months (the time i believe they have in which to act)

added to this, they're accusing me of failing to produce all my documents, which i did later that evening! (sod's law dictates i can't find that particular recept!)

any opinions ?

thanks
Owain

Paulo P

iTrader: (42)

They have 6 months to present it to the cps (I think) The cps then send you the summons and there is no limit on when they can send this.

billythekid

Is the summons only for the fail to produce only?

owbow

the summons is for speeding and failing to produce all the gubbins, just noticed it says "(detected by automatic camera device)" but that's utter tripe??

slammedmind

make sure the date, name and address is all correct on the summons if there are any mistakes ie the wrong date then it will get struck out of court. Is there any record saying that you did produce?? If so can you obtain a copy??

owbow

should be a record, i know i produced them that night!
right, off to the cop shop i reckon

SteveScooby

iTrader: (2)

try posting in the motoring law section of this website:

http://www.5ive-o.org/forum/index.php

they might be able to answer a few questions for you

Steve

simo

Just ask Rich to delete the record at Swansea Sorted

Barney19

When you produced your docs they will have had to record that fact in a HORT2 book in the station and the person to whom you produced them will have signed it to say 'correct' or otherwise. They sometimes ask you to sign it as well to confirm the signature on the driving licence. The prosecution will have to provide a witness in court to say they have checked the HORT2 book and there is no record in the book of you not producing. If necessary the book itself can be produced as an exhibit.
As far as summons for speeding etc, it is a six month limit from the date of the alleged offence.

Hope this is of help.

Barney.

pslewis

You should have taken the £60 and 3 points ....... you agree you were speeding, you only dispute by how much.

But, as there is nothing less the Police Officer could do - he decided to go for the court route.

Expect £120 + 3 points + Costs ..... for the speeding - then theres the failing to produce charge ..

A lesson learned for all of us I guess?? If you are speeding and get caught, don't be a **** and argue if a fixed penalty is offered - take it like a man.

Slow down out there!!!!!

Pete

scoobfan

Something is not right here.

If you were speeding then a NIP should have been issued within 14 days of
the offence, once this has been done then they have up to 6 months to take
action.

I would say it's a no case but check out www.pepipoo.com

Let us know how you get on.

Rob

Ian E

iTrader: (1)

They normally issue the NIP verbally if they stop you - i.e. tell you they are going to report you for the offence of speeding. The 14 day rule is if you are caught on camera and it comes through the post.

MTayler

Okay so the guy was speeding but what difference does it make it that he challenged the officer to produce a valid calibration cert. ?.
At the end of the day it is information that the every day motorist is entitled to ask for ( and more besides ), so where is the argument in that !.
Owbow, sounds to me like the old bill trying to correct a **** up on their part and displaying what they are good for, persecuting the motorist !.
Sorry but the old bill mean this much to me..............
when I have had reason to call them recently it took them 2 hours to turn up by which time the damage was done, had I walked 1/4 of a mile away guaranteed to find some t@sser maning a speed trap, nuff said.

bluto22b

This is perjury

simo

**** me, you had a sense of humour bypass mate

95blackWRX

its not perjury it is fraud. police officer trying to do u a favour and give you a fixed penelty, but u had to argue with him bet you wish u had kept it shut

WRX300MAN

Oh yes . . .Sorry . .Ofcourse, we should all be scared of a couple of twirps in uniforms, and take any s**t they dish out! . .And ofcourse, who are we to check they're doing their jobs properly! We only pay their wages!

theotherphil

Haha, I hear that quote so many times in my job when a drunken ****** believes I should provide him a taxi to the hospital for a bed for the night. My response is "Wow! Do you really pay £650 a week in national insurance?". Hmm, didn't think so!

RedRexWRX

95blackWRX

well its ther job to stop people speeding. so whats wrong with the officer reporting him thats his job. no u want him to go easy on u because u have asked him a couple of questions trying to be a smart ****

WRX300MAN

Well matie . . .The guy did not ask him for a taxi, and neither was the guy drunk . .He merely politely ( I assume) questioned the validity of the speeding fine . .If the attending constable was intelligent and articulate, which evidently he wasn't he would have an equally valid and prompt responce . . . . Hmmmm . . NI contributions . .And yes, I do pay those . . .And no, will not take unwarranted crap from a berke in uniform . . .

End of the story!

P.s . . Nice mentality . . To question is to be a smart ****! . . .In some cases questioning means having a bit of ***** and a bit of brains!

theotherphil

The same way as people in uniform won't take crap from members of the public who mistakenly believe that "they pay our wages"

bob r

iTrader: (46)

sounds to me like the dibble intended on reporting you for speeding and also asked you to produce your docs. the dibble either couldnt be arsed or more likely forgot (couldnt be arsed). if this is the case then he can do you for no insurance only! 6 months after the offence date,( if you didnt produce your docs)

WRX300MAN

O.k . . I'm off to retire to the bed chamber . .And believe . .There is no mistake . .Why don't you go and live in North Korea . . .There you will make no mistake in who pays yr wages . . .And if indeed you believe in free enterprise so much, may I suggest you get rid of the Uniform, and become a taxi driver! That way you will know first hand who pays the wages!

Good night!

pslewis

The poster does not deny he was speeding, it was a fair cop ........ by arguing he made things worse for himself.

Thats what I'm trying to say .... too many keyboard warriors round here!

Pete

stevotype_r

i thought it was council tax that pays for the plod not Ni contributions (thats for health and pensions)
stephen
it is a free country and you should be able to ask a question without being hasstled (or getting some one on a power trip)
stephen

95blackWRX

ur right thats why we pay council tax. too many people not knowing what there talking about
the gu admitted to speeding and was getting away lightly until he opened his big mouth

WRX300MAN

Thank you . .The Scoobynet, is now a refuge for all the covert fiscal specialists . . .True renegades from the Institute of Fiscal Studies . .Ahhh . . .All those years of working down the Customs and Revenue! . . Much lack of humour I do detect . .The question here is not whether the speedig guy is a plum, but is the policemans conduct questionable!

RedRexWRX

I agree. Why if you ask a question should the punishment be higher than if you just accept, what they say is gospel....

From my experience from over 2 months ago. A policeman doesnt need proof to do you for speeding. All you need is lots of £££££££££ to get a good solicitor to prove they aint doing there job properly.

95blackWRX

the bottom line is that police officers are the lowest of the low. wee arseholes that get drunk on the power. they should all be ****ed and burned