Can someone explain this to me?

[Scotty]

sorry for mentioning the roads didn't know that this was verboten

No worries, the site can't be seen to contain any evidence of speeding on public roads.

Isn't this just hearsay? i.e. if someone said it in a pub, would the pub be guilty of harbouring evidence?

I don't see how someone's claim they did a speed puts the forum at risk of prosecution etc.

I've been wrong many times before so please correct my current assumptions.

[CliveH]

Scotty,

Hearsay is when someone says they've heard something from someone else - effectively second hand information, which is why it isn't admissable in court.

But if someone says on here that they were driving at 174mph, then that's a statement of fact, or at least a claim, whether it's true or not. So in extreme circumstances, information posted on the site could be used as evidence of speeding.

The other point is that the site does not condone speeding and if the moderators said nothing then the site could be accused of encouraging speed on the public roads.

[DavidT]

That's about the size of it, thanks Clive.

There have been successful prosecutions based on what people have said on web forums.

[s4woody]

is that correct..i thought that they (the courts,police) would need concrete eveidence or proof..
i know it sounds like a confession when you say i did this or that but cant see how it could be used against you..
innocent until proven guilty and all that..
@ clive..i would have thought that it was just a statement until proven to be true..
if i,m missing the point then im sorry
i know this forum dnt wanna be seen to condone speeding and i agree its just the used against you bit i cant get a grip on..

[simple1]

Woody is correct. To prosecute, plod and the courts would need proof, not just word of mouth. The <beep> in the Ferrari published a video with his claims of doing 190 on the M6 and the biker was also convicted with his own video evidence. As the disclaimer on the site states ' information published is the property of the poster and not the site' I cant see what Dave is getting up tight about. We have a duty of care on the site to ensure that items published are factually correct and not insulting or scandalous........ after that our responsibility as site ends. Obviously we dont want to report that Woody or anybody else was seen doing xxx mph on the North Circular and show a photo do we fellas.................

[CliveH]

Interesting...how do you ensure that everything published is factually correct...?

[simple1]

All comes down to the interpritation of 'duty of care'............ if you know an item to be false, fraudulent or defamotory, then its bin time.............. be careful Clive

[CliveH]

Common law has developed a very clear interpretation of a duty of care.

However, I'm sure you're absolutely right in what you say simple1...

[s4woody]

cheers guys im sure we post with all the best intensions and without any slander or misinterpretation intended..i know the guys who run this site do ther best to keep it real..so the only speeding i,ll do on this forum is with my fingers on my keyboard.....drive slow homies..

[CliveH]

Nicely put Woody

[harry]

ah simple1 you really make me larf sometimes....

[Scotty]

The other point is that the site does not condone speeding and if the moderators said nothing then the site could be accused of encouraging speed on the public roads.

That I can see and just that is enough as ultimately we all must fall within the mods rules.

However I'm still not sure that there's any legal basis to it. People don't get arrested for boasting to mates in the street about things they may or may not have done so I don't see how it's applicable here.

But as I say the mods rules are enough.

Cheers.

[ScottyBoy]

I would of thought something that was was typed and put on a forum could only be used as evidence if the authorities could prove that the accused had actually typed it.