im off to Court
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Discussion

jvaughan

Original Poster:

6,025 posts

313 months

Monday 24th October 2005
quotequote all
Well, 6 months after being caught by one of South Wales Police Revenue Traps, I recieved my court appearance this morning.. 2 Charges ...

1. Excessive Speed.
2. Non Disclosure of Vehicle Owners Name and Address.

Have Decided to Plead Guilty to the Speeding Charge, and Not Guilty to the Non Disclosure.

I lost my key piece of evidence that contradicts the Scamera Van Operator's Statement, so I have to acceot the NIP was delivered (even though it was done by 2nd class stamp)

But I do have proof of postage to say I returned the Vehicle Owners Details to them Within 28 days of the date they say they sent the NIP.

Should be fun... Abergavenny County Court .. Here We come

Krusty

2,473 posts

279 months

Monday 24th October 2005
quotequote all
Fingers crossed... Good luck

dazren

22,612 posts

291 months

Monday 24th October 2005
quotequote all
Good luck Jason.

DAZ

dirkdiggler

253 posts

261 months

Monday 24th October 2005
quotequote all
Abergavenny eh?

been there myself thanks to Wales' finest - they and were processing 60 motoring persecutions a week instead of the 10 the chief constable told them to expect, and had neither a duty solicitor nor a prosecuting solicitor available. Worked very well for me!

good luck.


Rich.

jvaughan

Original Poster:

6,025 posts

313 months

Monday 24th October 2005
quotequote all
Cool. Any Tips ?

volvos70t5

852 posts

259 months

Monday 24th October 2005
quotequote all
How did you get on?

jvaughan

Original Poster:

6,025 posts

313 months

Monday 24th October 2005
quotequote all
Sorry, should have said.. Court Date set for 17th November. Only recieved the summons this morning

MrsMiggins

2,867 posts

265 months

Monday 24th October 2005
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If you didn't return the driver's details how can they do you for speeding? Where's the evidence you were driving?

bongotvr

164 posts

271 months

Monday 24th October 2005
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Hi, is there any chance you could be a bit more specific with the date?

I know someone who got caught around the 20th April (approx) and haven't had a caught summons.....yet!

trax

1,601 posts

262 months

Tuesday 25th October 2005
quotequote all
Why dont you plead not guilty to both? At least you can force them to disclose all the evidence, which they are likely to make a mistake with, or not want to disclose. If they do it all properly, you can change your mind and plead guilty of the speeding offence before the court date

JoolzB

3,549 posts

279 months

Tuesday 25th October 2005
quotequote all
Just outta interest what was the evidence you lost?

jvaughan

Original Poster:

6,025 posts

313 months

Tuesday 25th October 2005
quotequote all
I was caught by Mobile Camera (with Photographic Evidence) on 24th May in PontyPool Gwent.

In the Camera Operator's statement he says the NIP was sent using certified first class post. - This is untrue, it turned up with a second class stamp fixed to the envelope. (This is what I have lost).

All further corrispondence has also been via second class post.

kevinday

13,841 posts

310 months

Tuesday 25th October 2005
quotequote all
If you are very careful you may 'get away' with this altogether.

If you can 'prove' that you sent the reply to the S172 paperwork on time etc. then you should be found not guilty of the failure to supply. Because they have not got the driver information they then have no evidence of the driver for the speeding, therefore you should also be found not guilty of the speeding charge as well. The two charges are mutually exclusive. Be very careful not to say who was driving in court (may not be possible if you were the driver).
Good luck!

justinp1

13,363 posts

260 months

Tuesday 25th October 2005
quotequote all
kevinday said:
If you are very careful you may 'get away' with this altogether.

If you can 'prove' that you sent the reply to the S172 paperwork on time etc. then you should be found not guilty of the failure to supply. Because they have not got the driver information they then have no evidence of the driver for the speeding, therefore you should also be found not guilty of the speeding charge as well. The two charges are mutually exclusive. Be very careful not to say who was driving in court (may not be possible if you were the driver).
Good luck!


This is where a solicitor may come in handy...

kevinday

13,841 posts

310 months

Tuesday 25th October 2005
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Indeed!

justinp1

13,363 posts

260 months

Tuesday 25th October 2005
quotequote all
kevinday said:
Indeed!


This has been a successful tactic of at least one well known solicitor...

If the driver gave you no identification, how do you know it was my client?

No, you cant identify him, as he is not here and I am representing him today. And he wont be here for you to cross-examine him about this either...

Or so the legend says...

fq400

157 posts

258 months

Wednesday 26th October 2005
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That's funny - I was actually planning to call him for my DD offense if it ever comes through! I believe it was 196mph in the turbo on the m25 - Holy st

justinp1

13,363 posts

260 months

Wednesday 26th October 2005
quotequote all
fq400 said:
That's funny - I was actually planning to call him for my DD offense if it ever comes through! I believe it was 196mph in the turbo on the m25 - Holy st


You are kidding right?

chrisgr31

14,284 posts

285 months

Wednesday 26th October 2005
quotequote all
justinp1 said:

fq400 said:
That's funny - I was actually planning to call him for my DD offense if it ever comes through! I believe it was 196mph in the turbo on the m25 - Holy st



You are kidding right?


I agree, never realised speeding was possible on the M25!