Speeding notice - what's the next move?

Going out to a meeting with some bruvvas last week, I spotted a camera van on the exit to a village, still in the 30 limit. I checked my speedo the instant I saw the van and it was reading 35mph. Today I got the Notice of Intended Prosecution, saying that I had been clocked at 40. Now, I'm a fairly law-abiding chap, but there's two things wrong on the Notice. One is the speed, the other is the time - apparently I was clocked at 18:57, but I was actually in my meeting about 5 miles away at 19:00 - I passed the camera van at about 18:45. I know these are very minor discrepancies and I can't prove either of them, but it's made me want to fight it rather than roll over and play dead. For one thing, 40 in a 30 sounds reckless, until you factor in that I was the only car on the road, I had left the village, the road was wide and clear, and I was only doing 35 in any case.

There was some discussion here a while back about requesting evidence of the calibration of the device within 14 days of the alleged offence (or something like), with the implication that this proves too much trouble for the "partnership" and they might let it drop. Can anyone remind me of what to do? My next move is to send off the form admitting I was the driver - I assume this doesn't admit guilt, or does it? What's my next move, guys?

What's more annoying is that my last ticket was in May 2000, and I was looking forward to having a clean licence again. Apart from the Gatso in

2000, my licence had been clean for 25 years. No wonder we hate 'em. Now off my chest, and thanks for listening :-)
Reply to
Richard Brookman
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Is there CCTV with a timestamp at the place you had your meeting?

Reply to
Tim Hobbs

A meeting normal invloves at least one other, could they not verify that the OP was present at or before 1900...

ISTR that there is a least one web site with all the "get out of jail free" quirks of the speed camera game.

Reply to
Dave Liquorice

For one thing, 40 in a 30 sounds reckless, until you

Hate to be irritating but a friend of mine had the same problem when coming to work in the morning bemoaning the ticket for 40 in a 30 zone. I pointed out to him that other users expect driving at the said speed along the road as they also expect driving on the left of the road even on a deserted road. I also pointed out that the ticket would have been the least of his worries had he injured one of my children attempting to cross the road ( legally ); I would have had every intention of visiting him and also breaking the law by causing his person some considerable physical damage. After that he agreed that as we live in a society where rules cause us to live in reasonable harmony he was in the wrong and accepted the ticket with good grace and a much reduced lack of selfishness.

John H

Reply to
Hirsty's

I agree but the authorities ought to make doubly sure that that any evidence they produce is 100% accurate. It appears that this is not always the case and when the details are inaccurate it wastes everybodys time.

Reply to
Dave Liquorice

Richard,

Whilst not condoning speeding (or any other illegal act) I think you might find some useful information at

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Your assetion that you were only doing 35 may be correct but that is not to say you weren't going faster before you saw the van and that was when they zapped you.

Regards

Steve G

Richard Brookman wrote:

Reply to
SteveG

My mother is a magistrate at a nortumberland court, and she finds its ussually a lot easier just to admit it was you, unless you have very good evidence that is against the case, which you don't seem to have.

Reply to
<philip

You could try the usual - asking to supply certificate of calibration ( sometimes they cant and they have to drop it)

Or do the double guilty - tell them you can not remember who was driving and get someone else to plead guilty too - they cannot convict two and you will not be guilty of withholding.

otherwise buggered really.

what ive noticed around here is the buggers move the 30 signs way out of the villages where you would automatically begin to speed up and zap you there.

Reply to
StaffBull

Had similar problem and found

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a very useful site to get over my problem. Hope it helps.

Reply to
Steve Cork

On or around Sat, 22 Jan 2005 06:40:36 -0000, "Steve Cork" enlightened us thusly:

not fair :-)

Reply to
Austin Shackles

On or around Fri, 21 Jan 2005 18:57:57 -0000, "Richard Brookman" enlightened us thusly:

If you can verify the time (have others swear to your presence 5 miles away at 19:00) then you have a minor point. However, they have a picture of your vehicle...

you can do the calibration thing. Evidently it's not set up accurately, or it'd have the right time on it.

Reply to
Austin Shackles

Hi Richard,

I have a very large e-book about all this - my e-mail address is "andrew"@preaching.co.uk take out the excalamtion marks and I will send you the e-book straigh tback via e-mail.

A

Reply to
Andrew Renshaw

I agree with that. I have no problem with living by the laws even if I don't agree with them, breaking a law is not the way to register your disagreement with it. But the application of the law has to be seen to be accurate and reliable otherwise people lose respect for it, as is often the case with seppding offences caught by camera.

Regards. Mark.(AKA, Mr.Nice.)

Reply to
Mr.Nice.

Apparently, there's a way round this due to the Police And Criminal Evidence act (PACE). What you allegedly do is as follows:-

  1. DO NOT fill in their pre-printed paperwork, if you sign it you are signing a disclaimer to PACE, and the fact that you haven't been cautioned as is required by law. You are effectively signing both an admission to guilt and giving up your statutory right to a caution.
  2. Write a letter that complies with your legal obligation, I.E. who was driving and confirmation of the registration.
  3. Write the following on the letter. "I am complying with the legal obligation to inform you who was driving the vehicle at the stated time and date, but please note this letter is not an admission of guilt and cannot be used in a court as evidence as I have not been cautioned as is required by uk law and PACE."

It is alleged that they cannot prosecute you as they haven't read you your rights and by not signing their pre-printed you have not signed away that right either. A policeman cannot come to your door and read you your rights unless he has evidence to do so, and the civillian firm undertaking the camera van operations cannot bring the legal side against you as they do not hold any warrants to do so. This all came from a thread on

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recently, search there for more info. Badger.

Reply to
Badger

So Tim Hobbs was, like

Unfortunately not :-(

Reply to
Richard Brookman

So Hirsty's was, like

Don't quite know what you are accusing me of here. The place I was clocked is well outside the village, with no children OAPs or even other cars in sight - apart from the camera van. The only reason it is a 30 limit is that the signs are posted well outside the village to slow cars coming in from the other direction (quite rightly) - there was no *safety* reason for the limit to be there going out of the village. But many people do start to accelerate there (village hazards passed, clear road ahead) and it seems a great place to catch a few ordinary drivers on a technicality. As far as children are concerned, I have two of my own and I'm one of those who support rigidly enforced 20mph limits outside schools. But I hope that if someone injured them while they were crossing the road, I would allow the law to take its course rather than going round and breaking their legs, as you seem to imply. What good would that do? Your tone is that of the vigilante and the bully.

We're missing the point here. I was a couple of mph over the limit, and I will hold my hands up to that, but the speed and time on the notice are wrong, and I was asking for advice as to what I could do about it. You seem to set great store by playing by the rules - but it works both ways. I am not going to hold my hands up to something I did not do.

Come to see me and drive round with me for the day - I think you will find I am neither selfish nor reckless.

Reply to
Richard Brookman

So SteveG

Reply to
Richard Brookman

So snipped-for-privacy@philipshouse.co.uk was, like

I admit it was me, and I admit I was about 5mph over the limit. No problem there. What I would argue (to a magistrate or anyone else) is that the speed and the time of the "offence" were actually wrong. Would your mother approve of this in her court? If so, I'm glad I don't live in Northumberland.

Reply to
Richard Brookman

So Austin Shackles was, like

Seen it already. :-)

Reply to
Richard Brookman

So Andrew Renshaw was, like

Thanks - I will.

Reply to
Richard Brookman

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