Appealing a Speed Camera Fine

Appealing a Speed Camera Fine

Author
Discussion

Andyandyhall

Original Poster:

104 posts

138 months

Saturday 21st November 2015
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I've just been sent a Speeding notice from Essex Police, it's from a fixed camera but I dont think it is correct.
My car was parked on the drive all day so something must be wrong, however the details on the notice match our car.

Any ideas what to do next, I'm struggling for proof, I was in my office that day and my wife won't drive this car because it doesn't have satnav.

Anyone know of a situation where the camera has got the wrong car?

Magic919

14,126 posts

201 months

Saturday 21st November 2015
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Contact them and tell them.

Iva Barchetta

44,044 posts

163 months

Saturday 21st November 2015
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Someone else has your number plate.

Or.

They've misread the plate on the speeding car.

The Moose

22,845 posts

209 months

Saturday 21st November 2015
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Request photographic evidence and see if it is your car

mygoldfishbowl

3,697 posts

143 months

Saturday 21st November 2015
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Iva Barchetta said:
Someone else has your number plate.

Or.

They've misread the plate on the speeding car.
This, it happens. Phone & speak to them.

TooMany2cvs

29,008 posts

126 months

Saturday 21st November 2015
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Andyandyhall said:
my wife won't drive this car because it doesn't have satnav.
<blink> Seriously?

TwigtheWonderkid

43,327 posts

150 months

Saturday 21st November 2015
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Andyandyhall said:
Any ideas what to do next, I'm struggling for proof,
You don't need proof, they do. Once the photo is released, it'll either be a completely different car and they've misread the number, or your car has been cloned but even then it's unlikely to be identical.

Just explain it to them and if they are awkward, just plead not guilty and have your day in court.

TwigtheWonderkid

43,327 posts

150 months

Saturday 21st November 2015
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TooMany2cvs said:
Andyandyhall said:
my wife won't drive this car because it doesn't have satnav.
<blink> Seriously?
So what? His wife feels uncomfortable in a car without satnav. It's a free world, and her particular foibles don't harm anyone else.

Andyandyhall

Original Poster:

104 posts

138 months

Saturday 21st November 2015
quotequote all
Thanks for the help guys, it looks like i need a photograph to see what's what. I'll appeal and see what happens.

Impasse

15,099 posts

241 months

Saturday 21st November 2015
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Do this, but make sure you still respond to the S172 even if you know the NIP is suspect.

Sump

5,484 posts

167 months

Saturday 21st November 2015
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TooMany2cvs said:
Andyandyhall said:
my wife won't drive this car because it doesn't have satnav.
<blink> Seriously?
So what? I don't feel comfortable in a poor mans car..

I'm sure she could drive it if it was necessary.

Ozzie Osmond

21,189 posts

246 months

Saturday 21st November 2015
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The Moose said:
Request photographic evidence and see if it is your car
No, don't.

Just write and tell them the facts.

KungFuPanda

4,330 posts

170 months

Saturday 21st November 2015
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TwigtheWonderkid said:
TooMany2cvs said:
Andyandyhall said:
my wife won't drive this car because it doesn't have satnav.
<blink> Seriously?
So what? His wife feels uncomfortable in a car without satnav. It's a free world, and her particular foibles don't harm anyone else.
Surely she uses the car to drive to the shops, visit friends and family and go to work. Does she forget the way each and every time she gets into the car? I only we'd sat nav if I go somewhere new which isn't very often.

aw51 121565

4,771 posts

233 months

Saturday 21st November 2015
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Andyandyhall said:
Thanks for the help guys, it looks like i need a photograph to see what's what. I'll appeal and see what happens.
Be careful how you write this... Ask for a photograph to help you ID the possible driver (which may lead to your receipt of a photo of 'your' car), as opposed to asking for photographic evidence (which will cut your enquiry off at the roots and mark you out as a possible "live one" at their end).

But, whoa! Hold on... You're saying that your vehicle was elsewhere all day. So let's step back. You need to ring them and tell them that you believe your vehicle was elsewhere at the date and time of the alleged offence and ask them to check their photographs of the alleged offence. No doubt it will be a plate mis-read and they will cancel the ticket there and then (but do ask for written confirmation) - even though every picture is meant to be checked against the DVLA vehicle record, mistakes do happen (and no, it isn't good enough!).

But if they confirm they have a picture of your car you need to consider options. One option might be that your wife was driving the car at the time; another might be cloned plates, and a third option might be that it was you driving. It is now a case of referring to my first paragraph above (which will at least confirm that it is a pic of your car - or a cloned car, see below for more on this - and hopefully show a recogniseable driver if it was a camera van involved)...

If it is a cloned plate, you need to report this to the police as well as advising the camera people of this and providing the crime number. The camera people will want detailed pictures of your car; they may even send the local police out to do this (people falsify such claims, so they are thoroughly investigated nowadays).

But if it is not a cloned plate, you need to evidence who the driver might have been. This involves trawling through email records at & around the relevant time (if someone was emailing at the time of the alleged incident, or at a time which would preclude them being at the place of the alleged incident at the appropriate time, then they almost certainly weren't driving), phone records, receipts for shopping and/or ATM withdrawals which put people elsewhere (or unlikely to have been driving at the time and place of the alleged event) etc. There is more that will need to be done.

I am having trouble seeing how you are having difficulty proving you were at work; do you not sign in or out at your workplace (or at others' premises if you travel), nor have a diary? Flexi sheets? HR dept to whom you send timesheets? Have a sent items box in your work emails, of which you could do a screenprint? There is more etc.

All likely drivers need to jump through these hoops, to establish who was most likely to have been driving. The most likely driver then needs naming on the s.172 request within the time limit given.

Because if your vehicle is NOT cloned and you don't name the most likely driver on the s.172 request, you (as Registered Keeper) face a world of expensive insurance for five years, an MS90 endorsement with 6 points and many hundreds of pounds of fine, costs & charges (more if you plead not guilty and are found guilty).

Saying "I was at work so couldn't have been driving, but am having trouble proving I was at work" and "my wife doesn't drive the car because it doesn't have a sat-nav" will get you a slam dunk of MS90 & 6 points plus a lot of your hard-earned (as RK) as above.

But, being optimistic, it is a mis-read smile .

ferrariF50lover

1,834 posts

226 months

Sunday 22nd November 2015
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TwigtheWonderkid said:
So what? His wife feels uncomfortable in a car without satnav. It's a free world, and her particular foibles don't harm anyone else.
How on earth can you not understand that this is a perfectly valid thing to question?

"My wife won't go to Chez Henry on a Wednesday because she's terrified of the sight of the Tricolour, but only on days beginning with W."
Yes, it's a harmless foible, but I wouldn't just chuck it into conversation causally and with no explanation as if it might be perfectly normal. Same as, "My nan's the Queen" or "I own Tibet". These are not things which may simply be introduced into conversation and skirted over.

OP, I'm curious, what's with your wife and her sat-nav insistence?


mygoldfishbowl

3,697 posts

143 months

Sunday 22nd November 2015
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^^ I'm intrigued as well, when I first started driving for a living there was no such thing as crap navs so everyone used to use maps.

I really don't know how any of us managed to survive the ordeal. hehe

psychoR1

1,069 posts

187 months

Sunday 22nd November 2015
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Ozzie Osmond said:
The Moose said:
Request photographic evidence and see if it is your car
No, don't.

Just write and tell them the facts.
Exactly this - had something similar in the past.
I wrote back and said we couldn't confirm the driver as couldn't place the car at that location at that time.
They responded asked for a rear 3/4 photo of the car which I sent.
They replied definitely our car
I replied definitely wasn't there at that time and I had evidence to that effect and explained asking them to check their evidence.
They dropped the case and I heard no more.

Actually they probably did have a photo of my car speeding but the time was +1hr out....it was the day after most people changed their clocks...


Leptons

5,113 posts

176 months

Sunday 22nd November 2015
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Asking for photographic proof is perfectly reasonable thing to do. Innocent until proven guilty and all that....

vikingaero

10,303 posts

169 months

Sunday 22nd November 2015
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ferrariF50lover said:
TwigtheWonderkid said:
So what? His wife feels uncomfortable in a car without satnav. It's a free world, and her particular foibles don't harm anyone else.
How on earth can you not understand that this is a perfectly valid thing to question?

"My wife won't go to Chez Henry on a Wednesday because she's terrified of the sight of the Tricolour, but only on days beginning with W."
Yes, it's a harmless foible, but I wouldn't just chuck it into conversation causally and with no explanation as if it might be perfectly normal. Same as, "My nan's the Queen" or "I own Tibet". These are not things which may simply be introduced into conversation and skirted over.

OP, I'm curious, what's with your wife and her sat-nav insistence?
Mrs V. can only drive to 3 places - (1) Town Centre, (2) Vikingettes Gymnastics Club and (3) Her School and The Vikingettes School.

She will never drive on a motorway and quite frankly that is to the benefit of all Road Users. biggrin

Turkish91

1,087 posts

202 months

Sunday 22nd November 2015
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It could be worse, a friend's other half won't drive at night or in the rain and has been on the motorway once!

As above be careful how you word your appeal as they could take it as you trying to wriggle out of it rather than being a genuine person.