NIP in the post today A404 Marlow

[Colin Blues2]

Hi

Received a NIP in the post today for an alleged offence on 12 November. Supposedly by a clearley marked and liveried van, parked where motorists can see it.

I am very aware that the A404 near Marlow is a good earner for the scameras so I am quite careful coming down the hill and look for vans all the way along that road but I do not remember seeing anything at the time. Can I ask for proof that their van was clearly marked and visible?

How do I get them to produce the photographic evidence?

Anything else I can do legally?


Thanks

Colin

[puggit]

They don't really need to have the van clear, and they don't need to show you pictures.

They fight dirty, you need to too. Over to www.pepipoo.com for you

[outnumbered]

Going downhill, the van is usually parked just alongside the Marlow off-ramp. It's fairly obvious, but missable if there's a lot of traffic or lorries in the left hand lane, I guess.

If the van wasn't there, then they also park half way up the hill on the uphill side, where you'd have no chance of seeing them on the way down. But I'd have thought the armco barrier would get in the way of the laser.

[towman]

Read the whole of this (especially the last few)

www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=222479



and make your own mind up what you should do!

[Gren]

Have seen that van a couple of times. There's a 'parking spot' just after the slip road that goes off to Marlow. Busy road though and you often don't see it until the last minute. When I saw it last there were no signs/markings just a white van with a camera lens sticking out of a blacked out back window.

Pretty sure this one also had orange lights on the top.

[711]

Gren said:

Pretty sure this one also had orange lights on the top.

any vans like that should be

[flat_steve]

Isn't that just outside the 14 day deadline?

[Nuggs]

flat_steve said:

Isn't that just outside the 14 day deadline?

12+14=26

[Dwight VanDriver]

Yup I originally fell for that at first and after typing out a long post spotted my error.

Offence 12th. Noip received 23rd = 11 days so in time.

dvd

[Flat in Fifth]

Colin Blues2 said:

How do I get them to produce the photographic evidence?

Well reading the codes of practice.......

Codes of parctice Section 16.1 said:

16.2 The Use of Front Photography in Road Policing Enforcement 8< snip 8< One of the areas of concern centres around the actual identification of the offender once the presence of a vehicle at the locus is agreed by the registered keeper. It is not uncommon to receive replies from registered keepers indicating that one or more persons could have been driving the vehicle on the day concerned and asking the police to be more specific as to the age and sex of the driver. They, the keeper, may then be able to identify the driver to the police. The use of front photography, or simultaneous front and rear photography, can reduce the difficulties in driver identification but it is recognised that some people may see its application as an intrusion into privacy and official surveillance of everyday living. For that reason the following protocol drafted in 1996 by the ACPO (RP) Traffic Enforcement Technology Sub-Committee. Any force which uses or, considers the use, of front or simultaneous photography must adhere to its principles.

protocol says

16.3 The protocol said:

16.3 The Protocol The identification of any offender, whose alleged offence has been image recorded by a Type Approved enforcement camera, will normally be accomplished by application to the registered keeper of the vehicle to nominate the driver of the vehicle under Section 172 of the Road Traffic Act 1988. An open approach (splutter, sorry, coffee down nose moment) to these enquiries will militate against mistaken or maliciously misleading responses, which would otherwise lead to more serious investigation relating to perverting the course of justice. When front photography has been used: - (a) The registered keeper will be told at the time of the initial enquiry that the offence has been photographed (as at present) and that the record contains detail that may assist with the identification of the driver. (b) A copy of the photograph may be sent at this stage but the image should not be detailed enough to allow identification of the vehicle occupants. (c) Should the registered keeper nominate another person, then that person will also be advised at the time of first contact, that the image contains detail that may confirm the identity of the driver. (d) Where it appears that an image or series of images may contain prima facie evidence relating to any other serious offence then the examination of those images is sanctioned for that specific purpose. The subsequent use of any image as evidence or part of an identification process is governed by the Police and Criminal Evidence Act 1984, the Criminal Investigation and Procedures Act 1995 and the Regulation of Investigatory Procedures Act 2000. (e) Any potential defendant, in respect of a speed or red light offence, should be given the opportunity of viewing the image. (f) The displayed image will only show that part of the vehicle, which permits the identification of the driver with the remainder of the passenger compartment obscured. (g) The initial image, recorded by the device at the time of the alleged offence, will always remain in its total and unaltered condition as the 'best evidence' for subsequent production in Court if necessary.

My bold and formatting.


>> Edited by Flat in Fifth on Tuesday 29th November 10:36