NIP Copy of photo
Author
Discussion

B 7 VP

Original Poster:

633 posts

271 months

Tuesday 1st February 2005
quotequote all
Carried out a search on SPL, can not see clear answer , same on pepipoo. Can someone please confirm--If someone requests copy of mobile camera photo of alledged speeding, and is advised that the person will have to go to the area of alledged offence to view by appointment.I understood that a copy must be provide to enable a plea to be decided??.

ca092003

797 posts

266 months

Tuesday 1st February 2005
quotequote all
IIRC they are only obliged to show this evidence 7 days before a counrt date. Many agree to show it upfront on the basis that they'll hope you fold and just pay the FPN.

I think you need to ask specifics on www.pepipoo.com

Cooperman

4,428 posts

279 months

Tuesday 1st February 2005
quotequote all
If you say that you don't know ho was driving, they have a duty to provide whatever they have to enable you to find out. You are required to make reasonable efforts to find out who was driving. Unless you either need this to establish driver identity or intend to plead not guilty, there is no reason for it to be provided. Of course, you can always view it by appointment, but if you live a long way away and need the photo for driver identification, it would be unreasonable for you to have to travel hundreds of miles in order to carry out the attempt to identify the driver, so the photo must be sent in such cases.

Dwight VanDriver

6,583 posts

273 months

Tuesday 1st February 2005
quotequote all
There is no obligation at law other than send you the NOIP and 172 name form.

They are not bound to release anything else until Court Action when disclosure rules kick in.

Obviously from what has been said on here they do at times try and help with bits and pieces but under no obligation to do so.

The Conditional Offer is for those who agree and accept they were speeding and have the matter resolved fairly quickly.

Any arguments are for Court.

DVD

Cooperman

4,428 posts

279 months

Tuesday 1st February 2005
quotequote all
But if you don't know who was driving and request the photos to enable you to use 'reasonable diligence' to identify the driver, and the photos are withheld or it's madde difficult for the keeper, then your defence is that the CPS were obstructive and failed to enable you to identify. They would look very silly in court, especially if you are then able to say,"it's my wife, you can see from the photo" or something similar.

Dwight VanDriver

6,583 posts

273 months

Tuesday 1st February 2005
quotequote all
Hey C.....don't shoot me. I didn't make the law....

DVD

Streetcop

5,907 posts

267 months

Tuesday 1st February 2005
quotequote all
Cooperman said:
They would look very silly in court


CPS never look silly in court.....unfortunately at times..