NIP today
#1
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NIP today
Why do they not have to provide evidence of my alleged speeding ?
Is it not within my legal rights to demand and receive this ?
These might help for people living in Humberside as well
http://www.eastriding.gov.uk/safetyc..._locations.pdf
Site of alleged offence
http://www.eastriding.gov.uk/az/face...PEC33&pRef=233
Is it not within my legal rights to demand and receive this ?
These might help for people living in Humberside as well
http://www.eastriding.gov.uk/safetyc..._locations.pdf
Site of alleged offence
http://www.eastriding.gov.uk/az/face...PEC33&pRef=233
#2
Basic cornerstone of justice is backing up and proving what you allege, so yes, of course, they have to prove what they allege. In our screwed up system however you have to plead not guilty first in order to see the proof [although it is unlikely that they will want to divulge the proof... >idea<]. If you are up for a fight I suggest you switch forums to a more appropriate one...
#3
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Were you speeding?
If yes, pay up and smile
If you weren't then go to court and pay up there
Too many people get hung up on this - pay the poxy £60 - take the points - learn your lesson - move on in life - stop speeding
I can understand your anger, but - trust me - just pay and move on
Pete
If yes, pay up and smile
If you weren't then go to court and pay up there
Too many people get hung up on this - pay the poxy £60 - take the points - learn your lesson - move on in life - stop speeding
I can understand your anger, but - trust me - just pay and move on
Pete
#5
PS jumps a step here - a common pleb mistake... Maybe call it 'option 1 - just reach for the wallet'.
However a more intelligent 'option 2' is to ask to see the proof and, if you were speeding THEN pay up and smile.
If you were speeding in town or were causing increased risk or danger to anyone via your speed I hope they nail you hard. If however they are again abusing processes of justice and disclosure of basic proof then that could be the end of it.
D
However a more intelligent 'option 2' is to ask to see the proof and, if you were speeding THEN pay up and smile.
If you were speeding in town or were causing increased risk or danger to anyone via your speed I hope they nail you hard. If however they are again abusing processes of justice and disclosure of basic proof then that could be the end of it.
D
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Write back to them and ask to see the evidence. You are totally within your rights to do this. I did. Dont worry they wont prosecute you if you dont admit it within 21 days. Once they send the evidence you will get another 21 days to respond.
If you feel like you want to fight it then be prepared to go all the way. My case lasted nearly a year. To cut a long story short, there was more than one fatal flaw in their summons bundle of evidence sent to me and to be used in court. 2 court appearances later, and once i had pointed this out to the magistrate, the case was dropped.
Dave
If you feel like you want to fight it then be prepared to go all the way. My case lasted nearly a year. To cut a long story short, there was more than one fatal flaw in their summons bundle of evidence sent to me and to be used in court. 2 court appearances later, and once i had pointed this out to the magistrate, the case was dropped.
Dave
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#9
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The reason it is not sent is to avoid any "problems"
Imagine opening the letter on a Saturday morning, next to the wife, and in the proof picture there is another woman
Imagine opening the letter on a Saturday morning, next to the wife, and in the proof picture there is another woman
#10
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Seems to be a little confusion here !!
All I wanted was an opinion on requesting the evidence as I have no recollection of the alleged offence. No ‘ how do I get off this !!’
I do not have a problem with 3 points and £60 if it is correct.
What I do have a problem with is receiving a letter from the police claiming an alleged offence took place when I have
a- no recollection of the offence
b- they have not provided evidence of the offence.
Without option B do you think I should just accept the fine ….. Don’t think so.
All I wanted was an opinion on requesting the evidence as I have no recollection of the alleged offence. No ‘ how do I get off this !!’
I do not have a problem with 3 points and £60 if it is correct.
What I do have a problem with is receiving a letter from the police claiming an alleged offence took place when I have
a- no recollection of the offence
b- they have not provided evidence of the offence.
Without option B do you think I should just accept the fine ….. Don’t think so.
#11
A chap driving a tractor was recently done for 85mph, needless to say he didn't just pay up and take what was coming to him but he had to fight the case.
There are cases every day now of camera evidence being shown to be unsound so if you have no recollection of speeding then it is a distinct possibility that you weren't speeding. My favourite from some time back was a Rover Metro which, it was claimed, was doing 420mph at the time of the offence. As i recall the partnership didn't just laugh and drop the charges either, at least not until the press got the story.
Those who say that if you've done nothing wrong then you've nothing to fear are idiots, the innocent are the people with most to fear.
They have to provide the photographic evidence to you 7 days before any trial, if they don't do this, and often they don't, then you can argue in court that they have no evidence of an offence and a very many people win using this defence. There are also a wide range of other defences and www.pepipoo.com is currently leading the charge when it comes to defending speeding allegations.
One way to get the photographic evidence is to write to them and ask for it to help identify the driver however be very, very careful in any communication you have with them. Say nothing at all except what you need to say. There is probably a sample letter for the job on pepipoo and i imagine the total substance is "in order to help identification of the driver please supply photographic evidence."
Even before you contact them in any way it might be worthwhile to consider the other defence options presented on pepipoo. Because the police and partnerships now admit to monitoring the site a lot of the very good work has gone slightly underground, but it is still there and you will get help.
Remember even if you go not guilty now you can change your plea at any time before you actually step into the court and in general the fines imposed in court are in keeping with the £60 that you will get anyhow with costs usually coming in around £40ish. The points tend to remain at 3 and none of the cash taken from you in a court fine goes to the camera partnership.
There are cases every day now of camera evidence being shown to be unsound so if you have no recollection of speeding then it is a distinct possibility that you weren't speeding. My favourite from some time back was a Rover Metro which, it was claimed, was doing 420mph at the time of the offence. As i recall the partnership didn't just laugh and drop the charges either, at least not until the press got the story.
Those who say that if you've done nothing wrong then you've nothing to fear are idiots, the innocent are the people with most to fear.
They have to provide the photographic evidence to you 7 days before any trial, if they don't do this, and often they don't, then you can argue in court that they have no evidence of an offence and a very many people win using this defence. There are also a wide range of other defences and www.pepipoo.com is currently leading the charge when it comes to defending speeding allegations.
One way to get the photographic evidence is to write to them and ask for it to help identify the driver however be very, very careful in any communication you have with them. Say nothing at all except what you need to say. There is probably a sample letter for the job on pepipoo and i imagine the total substance is "in order to help identification of the driver please supply photographic evidence."
Even before you contact them in any way it might be worthwhile to consider the other defence options presented on pepipoo. Because the police and partnerships now admit to monitoring the site a lot of the very good work has gone slightly underground, but it is still there and you will get help.
Remember even if you go not guilty now you can change your plea at any time before you actually step into the court and in general the fines imposed in court are in keeping with the £60 that you will get anyhow with costs usually coming in around £40ish. The points tend to remain at 3 and none of the cash taken from you in a court fine goes to the camera partnership.
#13
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I received exactly the same thing this morning on my doormat, nip stating they are 'contemplating' prosectution for speeding yet again i do not have any recollection of the incident. If theres evidence ill pay up an stump up my license.
Need to provide details of the driver at time first, but at which point do you request the evidence and why does their letter (met) only state they are contemplating the charge ?
Need to provide details of the driver at time first, but at which point do you request the evidence and why does their letter (met) only state they are contemplating the charge ?
#14
They are only contemplating it because the car can't have carried out the crime and so, until you confess, they currently have no suspects to blame. Once you confess then they have someone to blame and they can then go ahead.
#16
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Look, you ALL know you are speeding day in, day out - pay up and slow down, make the roads safer for the rest of us who have to put our lives at risk so that you can have your thrills!!
I say, £100 minimum fine and 7 points each time - ban for 6 months at 12 points(carry over 2 when licence is returned).
Caught speeding a 3rd time and there is a 5 year ban and your car is sold - the price realised is the fine, subject to a minimum £3000.
Soon have you driving as wisely and skillfully and safely as me
Pete
I say, £100 minimum fine and 7 points each time - ban for 6 months at 12 points(carry over 2 when licence is returned).
Caught speeding a 3rd time and there is a 5 year ban and your car is sold - the price realised is the fine, subject to a minimum £3000.
Soon have you driving as wisely and skillfully and safely as me
Pete
#17
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Request photos as Hedgehog as suggested. This might help in identifying the driver, if it does and the alleged speed isnt much over the limit, then use the Pace witness statement from Pepipoo. If the photos are inconclusive, use reasonable diligence to help in identifying the driver, if you are still unable to identify the driver then the legal defence of SS4 of section 172 of the Road traffic act. Again all this information is available from Pepipoo and is perfectly legal.
Andy
Andy
#18
Originally Posted by pslewis
Look, you ALL know you are speeding day in, day out - pay up and slow down, make the roads safer for the rest of us who have to put our lives at risk so that you can have your thrills!!
I say, £100 minimum fine and 7 points each time - ban for 6 months at 12 points(carry over 2 when licence is returned).
Caught speeding a 3rd time and there is a 5 year ban and your car is sold - the price realised is the fine, subject to a minimum £3000.
Soon have you driving as wisely and skillfully and safely as me
Pete
I say, £100 minimum fine and 7 points each time - ban for 6 months at 12 points(carry over 2 when licence is returned).
Caught speeding a 3rd time and there is a 5 year ban and your car is sold - the price realised is the fine, subject to a minimum £3000.
Soon have you driving as wisely and skillfully and safely as me
Pete
#20
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Originally Posted by ChrisB
Does that apply when you're caught driving at or below the speed limit with equipment that is claimed to work but doesn't Pete?
If you are caught speeding then you should be done, yes!?
Pete
#21
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Originally Posted by ChrisB
Does that apply when you're caught driving at or below the speed limit with equipment that is claimed to work but doesn't Pete?
#22
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Originally Posted by cw42
It's a sad day when a moderator on here is baited by pslewis We've all seen him say the same old same old countless times on here. Just ignore it, and it will go away one day.
And you have the bloody cheek to question me???? You selfish ****!
Pete
#23
I don't think Chris was "baited" but it is important to outline the truth of the matter so that those who may read posts by the likes of Pete get to see the whole picture.
The whole picture is that there are an increasing number of cases coming before the courts where the speed measuring gear is shown to be at fault. One recent BBC documentary used a police laser device to show a stationary brick wall moving at 58mph. Needless to say the "safety" partnerships are not keen to keep you informed about such events and so it is down to others to do it.
With this in mind Pete provides a useful conduit for the discussion of such problems with the speed revenue generation system as there is no possibility of anyone giving any credibility to his remarks while the 58mph brick wall, for example, can be supported just by watching the footage and seeing proof of just how wildly inaccurate the speed measuring devices can be.
The whole picture is that there are an increasing number of cases coming before the courts where the speed measuring gear is shown to be at fault. One recent BBC documentary used a police laser device to show a stationary brick wall moving at 58mph. Needless to say the "safety" partnerships are not keen to keep you informed about such events and so it is down to others to do it.
With this in mind Pete provides a useful conduit for the discussion of such problems with the speed revenue generation system as there is no possibility of anyone giving any credibility to his remarks while the 58mph brick wall, for example, can be supported just by watching the footage and seeing proof of just how wildly inaccurate the speed measuring devices can be.
#24
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If you are innocent of speeding then I support you going to court and proving that you were not actually speeding!! The magistrates will make a judgement.
If you are guilty then you are placing innocent lives at risk and the penalties should be MASSIVE!!
ChrisB didn't get baited by me as I wasn't even fishing and he knows me too well.
Pete
If you are guilty then you are placing innocent lives at risk and the penalties should be MASSIVE!!
ChrisB didn't get baited by me as I wasn't even fishing and he knows me too well.
Pete
#25
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Originally Posted by pslewis
Look, you ALL know you are speeding day in, day out - pay up and slow down, make the roads safer for the rest of us who have to put our lives at risk so that you can have your thrills!!
I say, £100 minimum fine and 7 points each time - ban for 6 months at 12 points(carry over 2 when licence is returned).
Caught speeding a 3rd time and there is a 5 year ban and your car is sold - the price realised is the fine, subject to a minimum £3000.
Soon have you driving as wisely and skillfully and safely as me
Pete
I say, £100 minimum fine and 7 points each time - ban for 6 months at 12 points(carry over 2 when licence is returned).
Caught speeding a 3rd time and there is a 5 year ban and your car is sold - the price realised is the fine, subject to a minimum £3000.
Soon have you driving as wisely and skillfully and safely as me
Pete
#28
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Originally Posted by tmo
Are you either too young to drive or too old and pysically unable to drive ? or does your total weeks driving amount to nipping down the offy for your bottle of meths ?
Pete
#29
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Originally Posted by pslewis
It's a funny thing, but I drive around at the speed limit ........ strange concept for you clearly!
Pete
Pete
what a funny little thing you are, most amusing
#30
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I'd still contest the NIP if you don't have any recollection of when / where etc.
PSL - ok, pedantic git, yo udid have points as you posted on here about them!
PSL - ok, pedantic git, yo udid have points as you posted on here about them!