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Old 07 September 2006, 12:34 PM
  #31  
r32
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Originally Posted by SteveScooby
Shouldn't have to , it's up to them to prove your guilt, not you to prove your innocence
Oh really, hows that work these days then?
We all know its the other way round with speed and red light cameras. Sadly the onus in on you to prove you werent there not them to prove you were.
Old 07 September 2006, 12:43 PM
  #32  
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Originally Posted by Leslie
Get all the evidence together, embarrass them in court, and claim hefty expenses for having to waste a day of your life in court.

Les
Agree with Les if you can be bothered.

Send them a letter (special delivery) stating the facts and leave it at that. If they choose not to believe you and decide to take you to court, let them get on with it. Don't get in to any further discussion with them.

You could then wheel in the most expensive legal representation and screw them for massive costs.

By the way, please make sure that you don't reply for at least 14 days, then if they have mis-read the number plate, they can't issue another NIP. Well they can, and probably would, but the reciever can just ignore it.

Pop over to Pepipoo.
Old 07 September 2006, 01:26 PM
  #33  
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true about the waiting for 14 days, they then cant re issue an ammended NIP.

But as for wanting to go to court, its really the last thing you want in this situation.

Its going to mean you have an outlay of time and money, and as you may well be able to claim it back, its highly unlikely that you will profit out of the event.

You really want all this nipping in the head long before it gets to this point, as said, get over the Pepipoo and take the advice from people who really know the law, not people who think they know it



john
Old 07 September 2006, 01:37 PM
  #35  
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Take a read of my post then eat some words my friend.....


I said fill in the NIP wizard, not the NIP



And so you know, its an automated system, and once your in it, like he is, its a matter of time before the ball is rolling.

If he is deliberatly obstructive with the truth, like saying "it was not me, prove it was" no magastrait is going to look kindly on this. So helping police with there enquieries in this case would be a good idea.


As said, get over to the site and take sound advice,


john
Old 07 September 2006, 02:09 PM
  #37  
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Originally Posted by hutton_d
Ooops! Ok OK. Just because I'm old and senile keep your hair on ....

Dave


Old 07 September 2006, 05:00 PM
  #38  
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I was in a simillar situation 2 years ago now, spoke to the people on the phone and they said the same write and tell us, so I did. I sent back the NIP blank, unsigned with a covering letter. 30 days later I got an apology letter stating my car had been elliminated from there enquiriies.
Old 07 September 2006, 09:41 PM
  #39  
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Originally Posted by SteveScooby
Shouldn't have to , it's up to them to prove your guilt, not you to prove your innocence

shows how out of touch you are, sorry The govstapo abolished this caveat when they realised motorists may actualy get off speeding tickets.

The argument they use is, they have proven your guilt (nice to see they uphold the law) its up to you to prove your innocence. However even if you can prove your inocence, they will take it to the wire before they consider backing down, (theyve got the money and the time, and motorists are just fodder to be processed)

Mart
Old 08 September 2006, 09:01 AM
  #40  
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Originally Posted by mannyo
I was in a simillar situation 2 years ago now, spoke to the people on the phone and they said the same write and tell us, so I did. I sent back the NIP blank, unsigned with a covering letter.
thats what i have done, along with a couple of pieces of evidence.
Old 13 October 2006, 09:08 AM
  #41  
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letter back this morning, 3 lines basically saying they got it wrong but not admitting that they had !!!!!
Old 13 October 2006, 09:19 AM
  #42  
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Well a good result I suppose, admit to a mistake - err they cant do that as other people will start questioning their methods. You probably have more chance of winning the lottery !

Richard
Old 13 October 2006, 09:25 AM
  #43  
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Originally Posted by tmo
letter back this morning, 3 lines basically saying they got it wrong but not admitting that they had !!!!!
Did they give any reason as to why they got it wrong? I mean has the possbility of a clone been eliminated?
Old 13 October 2006, 09:41 AM
  #44  
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Said that he “ had been fed misinformation” so basically someone cannot read number plates or cross check against the PNC .

No sorry for the inconvenience / stress caused by our incompetence.

Presume they employ a bunch of dyslexic, short sited, IT illiterate gimps.
Old 13 October 2006, 09:46 AM
  #45  
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Is there any way an individual can claim back costs incurred in this type of scenario?
Old 13 October 2006, 09:51 AM
  #46  
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Originally Posted by Torpid
Is there any way an individual can claim back costs incurred in this type of scenario?


wouldn't think so
Old 13 October 2006, 10:50 AM
  #48  
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Originally Posted by mart360
shows how out of touch you are, sorry The govstapo abolished this caveat when they realised motorists may actualy get off speeding tickets.

The argument they use is, they have proven your guilt (nice to see they uphold the law) its up to you to prove your innocence. However even if you can prove your inocence, they will take it to the wire before they consider backing down, (theyve got the money and the time, and motorists are just fodder to be processed)

Mart
So if I understand this correctly, they have proven your guilt, but you can also prove your innocence? You are therefore guilty and innocent at the same time. Obviously this can't be the case.
For this to make any sense they must be saying that without any proof at all, the minute that you are accused of a speeding offence you deemed to be guilty! You will then have to prove your innocence.
There must be someone willing to challenge this nonsense in a higher court.
Old 13 October 2006, 11:09 AM
  #50  
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perhaps people should start sueing for defacement of character emtional stress and so on, in this day an age you should end up with something, if everyone does it, well they might not be so willing to fire a ticket off ***** nilly
Old 13 October 2006, 11:56 AM
  #51  
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if they can't be bothered to listen to you on the 'phone, just go to court with all the necessary evidence to clear yourself, tell the court about their attitude, and sting them heavily for costs!

Les
Old 13 October 2006, 12:10 PM
  #52  
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Basically some gimp has failed to read a number plate correctly on a picture, (was told by a speed camera expert for the police that they can now enlarge the majority of pictures to read the small text on the bottom of the number plate, dealers name etc etc ) and failed to accurately cross check it on the PNC.
Sent an NIP to me for speeding in an area i have never been to in my life on a day when i was in canary wharf and my car was in the exec car park at Doncaster station.

The alleged incident was in Wigan

Last edited by tmo; 13 October 2006 at 12:13 PM.
Old 13 October 2006, 12:12 PM
  #53  
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Originally Posted by EVOLUTION
true about the waiting for 14 days, they then cant re issue an ammended NIP.

But as for wanting to go to court, its really the last thing you want in this situation.

Its going to mean you have an outlay of time and money, and as you may well be able to claim it back, its highly unlikely that you will profit out of the event.

You really want all this nipping in the head long before it gets to this point, as said, get over the Pepipoo and take the advice from people who really know the law, not people who think they know it



john
I think you'll find that may actually happen (letter in the system but not sent out due to a weekend or industrial action etc)... It wouldn't stand up in court but I bet lots of people would fill it in admitting guilt. £60, 3 points and brush the legalities under the carpet...

J.
Old 13 October 2006, 02:28 PM
  #54  
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Originally Posted by Leslie
if they can't be bothered to listen to you on the 'phone, just go to court with all the necessary evidence to clear yourself, tell the court about their attitude, and sting them heavily for costs!

Les
Magistrates courts would just side with the Scammers though Les
Old 13 October 2006, 03:57 PM
  #55  
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Originally Posted by ChrisB
Magistrates courts would just side with the Scammers though Les
Absolutely...........AND sting you for MORE than the £60 AND large costs. B@stards

Alcazar
Old 14 October 2006, 12:10 PM
  #56  
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How can he say who the driver was when it was not his car and he was nowhere near the scene?

Les
Old 14 October 2006, 04:10 PM
  #57  
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Originally Posted by mart360
The argument they use is, they have proven your guilt (nice to see they uphold the law) its up to you to prove your innocence. However even if you can prove your inocence, they will take it to the wire before they consider backing down, (theyve got the money and the time, and motorists are just fodder to be processed)

Mart
Mart they allege to be able to show a vehicle registered to him at the scene. There is a big difference mate to what you say mate.

I once refused to self incriminate after a 'phishing' NIP [it is after all up to them to prove what they allege if justice is to mean anything]. I then get threatened with menaces and heavier punishment [illegal!] and ultimately was punished more severly for refusing to implicate myself. However I felt less of a doormat and needless to say I am awaiting the EU ruling intently...

D
Old 14 October 2006, 07:52 PM
  #58  
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Originally Posted by Diesel
Mart they allege to be able to show a vehicle registered to him at the scene. There is a big difference mate to what you say mate.

I once refused to self incriminate after a 'phishing' NIP [it is after all up to them to prove what they allege if justice is to mean anything]. I then get threatened with menaces and heavier punishment [illegal!] and ultimately was punished more severly for refusing to implicate myself. However I felt less of a doormat and needless to say I am awaiting the EU ruling intently...

D
I think you,l find that there argument is that the picture/ reg number is more than enough to secure a conviction, the fact that you may not be driving, is irrelevant to them, there approach is "your car, your the driver" and therefore guilty, and then they changed the innocent until proven guilty criteria to make the allegation & subsequent conviction easier. If you want to contest it they offer you a way, but underline it with a veiled threat of worse, (if it goes to court and you loose, the penalty will be far worse)

so you have presumptiuon of guilt, and a veiled threat of worse to come should you challange it. nice to know that they lok after justice and apply it fairly



mart
Old 14 October 2006, 11:18 PM
  #59  
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Matt, ypu speak a' the truth, like a lay man. Lets hope us lay men applying basic moral principles. values and standards with honour, proof and decency prevail...
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