caught speeding

[BournemouthRoyal]

Got cought speeding a few weeks ago. Asked for photogrphic evidence, which was provided. I then wrote back saying that it did not help me identify who was driving as a number of people drove the car on that day (not true) and that i did not want to comit an offence by giving a name of someone who was not driving.

I was very polite and stated that i would keep a record of who was driving in the future.

They wrote back and let me off stating I could not use this reason again!

Result!!!!!!

[KerryS]

I think I have just missed the golden opportunity to not get caught. The trip to SVA is legal but there is no number plate so it'd be a bit of a struggle to identify me! As it happens there were no cameras on the route    

Kerry S

[JonnyBoy]

nope.. currently clean licence, i was only one in car and i know i was driving..

it was mums car, so the letter was addressed to her... so by law, if she submits my name and address as per my foreign license, then shes done what she is legally obliged to do.

I dont mind the fine (i was speeding on a completely empty dual carriageway after all ), its just i'd like to be able to continue the 'romance' with my clean license.

Perhaps i'll start with just submitting my foreign license address - i dont think there any illegality in that.

[Carl]

Have just recieved letter, 58 in a 50 (fair cop), however the reg is right but model of the car is wrong (Make is right).

I'm being very polite but arguing it on these grounds.

Anyone know my chnace of success?

[JonnyBoy]

i just looked through that site that was posted earlier. it says that coppers have right to minor errors on form,.. but cannot make major ammendments.

Inaccurate NIPs - The "Slip Rule"

There is a "slip rule" that allows the court to modify small errors (such as name/address of the keeper) due to typographical mistakes. Serious errors cannot be modified, and invalidate the NIP.

If the registration number is incorrect then the Defendant need only complete the Section 172 Notice attached to the NIP, stating that they are not in fact the registered keeper of the vehicle whose registration number is shown on the Notice.

If you  think that the speed quoted on the NIP is wrong you should follow this link

[Eccentric_Rich]

Perhaps i'll start with just submitting my foreign license address - i dont think there any illegality in that.

I'd definitely give that a try - will your Mum be up for it though as she's got to fill in and sign the form.

[JonnyBoy]

hmm indeed.. i can but ask with a bunch of flowers

[7SE]

I know of someone with a foreign licence who has put their hand up to a NIP on two occasions.  Both times the fixed penalty offer was withdrawn and the case referred to magistrates [they can't offer fixed penalty on a foreign licence].  Both times a guilty plea was entered, along with the licence, both times fine was £60 and the licence returned.  On one occasion the court included a note that a letter had been sent to DVLA informing them that said person should have 3 points, should they ever apply for a UK licence.  Not sure if the DVLA would ever tie that up though

So your mum only has to finger you, and you just enter your foreign licence details on the form, the process goes from there...

[Blatman]

Firstly, chances are you're b*******ed BUT....

You must do EVERYTHING you possibly can to make them work for their money.  Request photographic evidence, calibration certificates, information about how the equipment was being used to ensure they are in compliance with their own guidelines, details of the location of the camera, the name of their first pet, etc., etc.

Do not give in lightly.  They cannot penalise you any more simply because you requested clarity about the alleged offence.  You are innocent until PROVEN guilty, or until you admit the crime.

Like I said, chances are it won't affect the outcome but don't be an easy victim.  Make them waste some of the fines they so valiently collect....

I agree with this line of defence as well. The whole point of gathering evidence is to ensure that it proves what it's supposed to. It's the basis for every criminal court case there ever was. Don't be afraid to ask to examine the alledged evidence against you.

Also, if they decide to say "See you in court", this is not necessarilly a bad thing as by law they must disclose *all* the evidence against you at least 7 days before the hearing. Evidence includes witness statements, calibration certs (2 off, I think. The machines need to be calibrated before *and* after every shift), evidence that the civilians are qualified to operate the equipment, parking dispensations, an unaltered copy of the photo, and anything else I can't think of... If they fail to do so, you have no case to answer 'cos you tell the beak that they failed to submit the evidence in accordance with the law. If they do follow procedure and it clearly shows that you're bang to rights, I think you can still enter a guilty plea and cough up the 60 quid by withdrawing any objections to the evidence that you may have. But check that with a brief. People plea bargain all the time...

Plus, make sure they have a valid parking dispensation for the where and when they were parked. If they were parked illegally, then the possibility exists that the evidence against you has been gathered illegally and is not admissable. Check this carefully with a brief as well though...

[Charlie - Yorksboys.]

I agree with all these possible defences but be VERY careful. If you lie and it comes to light you could face a charge of 'pervert the course of justice' which will, almost inevitably, result in a prison sentence. ( It happened to someone in this situation a couple of months ago!!! )

[JonnyBoy]

i certainly dont intend to lie... i'm not going to say i dont know who was driving as that way potentially both my mum and I get prosecuted.

[Peter Cox]

I just keep thinking "81".

That's like getting a "D" in an exam or being the person in the queue just after the last guy to get free British GP tickets.

Commiserations.

[mark.anson]

I know of someone with a foreign licence who has put their hand up to a NIP on two occasions.  Both times the fixed penalty offer was withdrawn and the case referred to magistrates [they can't offer fixed penalty on a foreign licence].  Both times a guilty plea was entered, along with the licence, both times fine was £60 and the licence returned.  On one occasion the court included a note that a letter had been sent to DVLA informing them that said person should have 3 points, should they ever apply for a UK licence.  Not sure if the DVLA would ever tie that up though

So your mum only has to finger you, and you just enter your foreign licence details on the form, the process goes from there...

Yeah. £60.00 plus costs no doubt.

They will catch up with you eventually if you do the foreign licence bit.DVLA may still be laboriously buraeucratic but sooner or later it will come to light. For example in a couple of years you may move house and change your address. By this time you will have forgotten about your speeding incident and and send your licence back to be altered. Bingo your found out.

Ask for all the evidence against you and take it from there, but as previously mentioned they may not release anything other then the picture unless you elect to go to court.

If you elect to go to court and you get the disclosure you may find that all the certificates are ok etc and so you then decied to plead guilty. Your are then at the mercy of the court,who generally will take the view that you have wasted time by not pleading guilty at the first opportunity and wack you with a bigger fine.

Just my 2p worth.

Mark

[JonnyBoy]

hmmmmm...

if points have no real significance... then perhaps i just take the points!

[Martin Keene]

Did it come by recorded post? Did you have to sign anything for it? Do they have any proof it was delivered?

If not then chuck it in the bin and say it must have been lost in the post. That will be some more money wasted