NIP information inaccurate or misleading

NIP information inaccurate or misleading

Author
Discussion

thirsty33

Original Poster:

250 posts

237 months

Monday 12th September 2005
quotequote all
If a NIP alleges an offence at a location that's description is in some way inaccurate or possibly misleading, is that suitable grounds for cancellation, even if some or most of the information is correct? Lets assume that they also have a photo.

How would one respond to the NIP? (Claim you were not at the location stated, or just highlight the contradiction and shed doubt on its validity?)

If you have real knowledge rather than an opinion it would be appreciated, although I know that English Law is always open to interpretation.

thirsty33

Original Poster:

250 posts

237 months

Monday 12th September 2005
quotequote all
Many thanks - I couldn't find anything suitable on Pepipoo myself and you have answered my other query about re-issuing the NIP if I tip them off about the error, so patience is the key then. Although I could scupper myself by already having asked verbally for the photo. However, nothing ventured.

Only thing is mine has excessive detail suggesting somewhere third mile from where it is, but same principle.

I spoke to my Legal Helpline provided by DAS and I think he works for the Police - he shot down all my queries in flames - no good at all.

>> Edited by thirsty33 on Monday 12th September 22:43

thirsty33

Original Poster:

250 posts

237 months

Tuesday 13th September 2005
quotequote all
Now that's what I want to hear first thing in the morning. Thanks Vic!

I am actually going to complain about my legal helpline advisor - I don't think he had any interest in helping at all. He tried to claim that whatever I could prove using the road markings, the calibration certificate of the Radar stood as proof of my speed. So what is the point of the two photos and timings then? Wouldn't you love to have him in your defence in court - Prosecution "We admit the Crowns evidence contradicts itself" Defence "Oh well never mind, as long as part of it incrimnates my client, find him guilty m-lad" GREAT !!

thirsty33

Original Poster:

250 posts

237 months

Tuesday 13th September 2005
quotequote all
This is from a fixed GATSO not a Lidar or other mobile device so there should be the radar reading and the two photos and markings.

thirsty33

Original Poster:

250 posts

237 months

Tuesday 13th September 2005
quotequote all
That sounds better. I have videoed said camera set off by an Ambulance - timings check out on that within the error of 1/25th second frames. So I can now rely on the distance calculation when I make it. There are some bushes adjacent to the camera - radar reflection on a windy day? A smallish sign facing the detector (APCO says no signs) and a bus shelter within range but not close (APCO says no bus shelters)

Something else APCO says is that if there are other vehicles in shot, especially large ones, discard it. now here is a beautiful irony - if you are speeding but are surrounded by other vehicles, especially ones that obscure your vision, which might indicate a dangerous behaviour, they won't nick you, but if the road if completely empty which is certainly likely to be much safer, your're done for. (OK, speeding is an absolute offence, I know that, but the prima-face argument for them being there is safety)