NIP information inaccurate or misleading
Discussion
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.
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.
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
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
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 !!
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 !!
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)
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)
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