Ticket given for doing 32 mph in a 20mph zone -wot can i do?

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grizz
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Post by grizz » Thu Sep 20, 2007 9:01 pm

ROB , PMSL . I'll have to try this ...
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I-want-an-RS
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Post by I-want-an-RS » Thu Sep 20, 2007 11:27 pm

Tartan_Rob wrote:Meant to add:
1) Never, under any circumstances, view the photo on the web prior to issuing your plead. By accessing the picture, they note it was accessed and I'm sure they trap your IP address - but in any case it is restricted access only to those photo's and they can identify if you have viewed it and then said, nope it wasn't me, even though you can be seen on the photo.

2) If caught speeding by a traffic car, apart from ensuring they loose sight of you at some stage during the pursuit, when you get into their car and they caution you and say "do you understand?", You reply with "No". They repeat the sentence, you repeat as before and ask for a copy of PACE (Police and Criminal Evidence act) to read, you need detailed clarification. By law they must get this to you, they are unlikely to have a copy of it in the car, so they need to call the base to have a copy brought to you as you refuse to goto the station. PACE is a LARGE book (250 odd pages) and by law you are entitled to read it in its entirity even if it takes you 48 hours, they cannot pass you onto another copper to continue to deal with it. They have to remain with you. You must keep reading slowly, then they will have to provide drinks etc for you. Make it desperately uncomfortable for them. And remember, this is perfectly legal.

The other thing is, when they say "anything you say will be written down and used as evidence", your response should be "please don't hit me again officer!", or "no, I will not admit this in order that you get away for food soon!"....words to that effect.....
Are you for real :shock: can people really get away with saying/asking for things like this?

I'm thinking that the coper in the car is going to get very pissed off with you and tell you to piss off and let you off or can they arrest you and bring you to the copshop?

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saf
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Post by saf » Fri Sep 21, 2007 12:36 am

Thansk for all the respeonses guys.

Ive just got back for a long hard day.

been checking the posts all day.

Ill send a reply tomorrow eveing. Lot sof interesting things?

They sent me three pictures of the car. It looked pitch black in the pictures and I remember the time being somewhere in the early hours ont he morning, but I dont have the form with me to look at the time. I would hope that they have caught an image of the driver at least so I can prove it wasnt me.

how would I go about obtaining all the images they have in case this goes to court so I can proove it not me. Is there somewhere I can view all the images?

Thanks
for all the help so far.

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Post by tartan_rob » Fri Sep 21, 2007 10:08 am

I don't think you can be arrested for traffic offences unless you have been drinking/drugged etc and either refuse a test or fail the test. If they cannot arrest you, they cannot charge you and they cannot take you to the station - but will seek clarity.
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dazzer
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Post by dazzer » Fri Sep 21, 2007 10:13 am

I-want-an-RS wrote:
Tartan_Rob wrote:Meant to add:
1) Never, under any circumstances, view the photo on the web prior to issuing your plead. By accessing the picture, they note it was accessed and I'm sure they trap your IP address - but in any case it is restricted access only to those photo's and they can identify if you have viewed it and then said, nope it wasn't me, even though you can be seen on the photo.

2) If caught speeding by a traffic car, apart from ensuring they loose sight of you at some stage during the pursuit, when you get into their car and they caution you and say "do you understand?", You reply with "No". They repeat the sentence, you repeat as before and ask for a copy of PACE (Police and Criminal Evidence act) to read, you need detailed clarification. By law they must get this to you, they are unlikely to have a copy of it in the car, so they need to call the base to have a copy brought to you as you refuse to goto the station. PACE is a LARGE book (250 odd pages) and by law you are entitled to read it in its entirity even if it takes you 48 hours, they cannot pass you onto another copper to continue to deal with it. They have to remain with you. You must keep reading slowly, then they will have to provide drinks etc for you. Make it desperately uncomfortable for them. And remember, this is perfectly legal.

The other thing is, when they say "anything you say will be written down and used as evidence", your response should be "please don't hit me again officer!", or "no, I will not admit this in order that you get away for food soon!"....words to that effect.....
Are you for real :shock: can people really get away with saying/asking for things like this?

I'm thinking that the coper in the car is going to get very pissed off with you and tell you to piss off and let you off or can they arrest you and bring you to the copshop?
You certainly can. The PACE jobby is the best. Pepipoo has a specific quote on the site which you should write down and keep in your car really. Keep meaning to do it myself and will probably kick myself when I get pulled over next. They may hate you when you pull this stunt but they will respect you. Never pays to antagonise them but just be cool and polite.

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Post by tartan_rob » Fri Sep 21, 2007 10:21 am

Try this:
Our Letter requesting photographic evidence in respect of a motoring offence produces a letter to be sent to a Safety Camera Partnership if your vehicle has been caught speeding or going through a red light. It requires production of any evidence to assist you in refreshing your memory (if any) of the events, so that you can properly respond to the allegation of speeding or going through a red light.

Safety Camera Partnerships were set up by the government to allow some of the money from speeding fines and traffic light offences to be reinvested back into targeted speed enforcement and red light camera enforcement. From a pilot of eight regions the scheme has since been rolled out nationally and all parts of the UK should have their speed cameras operated by local Safety Camera Partnerships.

So long as you are not the sole driver of your vehicle you have nothing to lose (and everything to gain) in writing a letter requesting photographic evidence.

The letter seeks information on the specific type of device used (including make and model), a copy of the up-to-date certificate of calibration, confirmation of the date of calibration and details of the method used. The reason for this is that a fundamental tenet of justice is that people are allowed to examine in the open court the evidence against them.

Over the years a presumption in law has arisen that automatic devices (such as speed cameras) are in working order unless evidence can be produced to suggest the contrary. However, amending the law does not of itself alter the laws of physics, which has meant that many questions now go unaddressed and unanswered about the accuracy of evidence from electonic devices such as speed cameras.

Consequently merely asking for information on the device and its associated certificates of calibration may cause the Safety Camera Partnership to abandon their prosecution of you. Speed cameras may not be properly maintained, they can be operated by badly trained personnel and once the Speed Camera Partnership is forced to consider these issues, by your request as set out in this letter, an administrative decision to abandon the prosecution may be taken.

Alternatively if the Safety Camera Partnership do supply the information requested, the information provided may warrant further scrutiny. On the internet there are sources of information on the failure characteristics of particular speed cameras and training requirements. These may provide potential defences if the prosecution seeks to continue with their case against you.
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Post by S4TAN » Fri Sep 21, 2007 10:42 am

Pepipoo has a specific quote on the site which you should write down and keep in your car really. Keep meaning to do it myself and will probably kick myself when I get pulled over next.
What is the quote? I've looked on pepipoo but can't find it ... can you copy it to this thread please for everyones benefit ... :thumbs:
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Post by wombar » Fri Sep 21, 2007 10:58 am

I believe it's on this page and the quote is below:
http://www.pepipoo.com/Law_Practice.htm#Caution

“I do not recognise the significance of those words and I would like to exercise my legal right to refer to PACE – The Police and Criminal Evidence Act.”

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Post by S4TAN » Fri Sep 21, 2007 11:06 am

Thanks wombar, I should be able to remember that.

[p.s. I've gotta ask: when you came up with your forum name did you actually mean to type 'wombat' but hit the 'r' instead of the 't'?... what with them being right next to the each other on the keyboard]
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Post by wombar » Fri Sep 21, 2007 11:21 am

Haha, yep that's how my name came about but it's one I've been using for a few years.

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Post by S4TAN » Fri Sep 21, 2007 11:42 am

Thanks wombar, I should be able to remember that.

[p.s. I've gotta ask: when you came up with your forum name did you actually mean to type 'wombat' but hit the 'r' instead of the 't'?... what with them being right next to the each other on the keyboard]
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dazzer
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Post by dazzer » Fri Sep 21, 2007 3:05 pm

S4TAN wrote:Thanks wombar, I should be able to remember that.
Yeah I said that. Couldn't remember it and couldn't remember whereabouts on Pepipoo it was either :bash:

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Post by mip » Sun Sep 23, 2007 3:52 pm

As an FYI.

The NIP and S172 is intended to identify the actual driver of the car.

If you volunteer some foreign person who cannot be tracked and cannot be identified, you are leaving yourself open to an "attempting to pervert the course of justice" charge if they think you lied just to get out of the speeding charge. This carries a potential prison sentence, fine and yes you can still get done for failing the S172 and end up with 3 points and a fine as well for that.

Good luck
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saf
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Post by saf » Mon Sep 24, 2007 7:21 pm

Thanks for all the advice.

All ive done is write a letter stating that I already fulfilled my obligation to provide the details they asked me and I provided the details to the best of my knowledge. I stated that there sno way I have the details of the flight number, insurance etc. Thats up to the drive to disclose to them and none of my business and in fact it goes against the data protection act.

Theres not much else I can do now.

Its a pretty unfair law.

If I get a letter saying they want to tak eme to court then fair enough. I hope they have some camera evidence so I can at least prove its not me. Then I can do them for wasting my time. Its the last time im letting anyoine near my car. Not worth the hassle!!!!

If I end up with a fine then Im goign to take it all the way. At the end of the day , they need to prove it was me who was driving, and theres absolutely no way they can do that. Esepcially if the camera got a pic of the driver.

Ill keep you guys posted.

Thanks again.

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Post by CliveH » Mon Sep 24, 2007 9:04 pm

S4TAN wrote: p.s. I've gotta ask: when you came up with your forum name did you actually mean to type 'wombat' but hit the 'r' instead of the 't'?... what with them being right next to the each other on the keyboard
I've gotta ask: when you came up with your forum name did you actually mean to type 'S4TART' but hit the wrong buttons?... :lol:
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