When to ask for photo evidence?

[mouseymousey]

Hi everyone

I've already asked this over on pepipoo but just got a pretty unhelpful response so I thought I'd try on PH which seems to me to be a much friendlier site... Anyway, cut and pasted from pepipoo:


I've received a NIP and would like to see the photographic evidence but I'm not sure whether I should request it before or after filling in the S172.

I've got a list of frequently asked questions with the NIP and it tells me I can request the photographic evidence in writing and it will cost me £10. As I've been sitting on the NIP for a few weeks and my time is almost up I guess my question is can I send in the completed S172 and then ask to see the photos?

[pdV6]

WTF? Why should they charge for disclosing the evidence? They have to provide it FOC as far as I am aware, especially if you decide to take it to court.

[mouseymousey]

That was my first thought too. I think (and I could be wrong) that they only have to provide it if I refuse the fixed penalty and elect for a trial. Doesn't really seem right to me, but then again nothing does seem right in the current campaign against the motorist

[Dwight Vandriver]

You have 28 days to complete the 172 name and shame otherwise they will try and stick a failure to do so on you. Confirm it has some indication thereon that the request is made by or on behald of the Chief of Police.(See previous thread on the Teesside fiasco). You say you have sat on it for weeks.??????

There are some that would suggest that you write back without the tenner telling them you are having difficulty in naming the driver and ask for photographic evidence to assist in this matter so that you can comply with the law....if you see what I mean. This may bring the result your after.

But bear in mind there is NO OBLIGATION on SCP to provide this as the initial CO stage but CPS would have to do so once summons issued under disclosure rules.

dvd

[mouseymousey]

Thanks DVD. I've sat on it for just over 3 weeks now, got to post it tomorrow to avoid getting done for that as well.

[cooperman]

If you intend to contest the NiP on the basis that you are not sure who was driving then a request for the photographic evidence is PART of using your best endeavours to establish the driver's identity. If, despite making every effort, and clearly documenting these efforts, you still can't, then you have a defence and the speed camera photo request will be a part of the 'due diligence'. Can they make a charge for this? That seems unlikely as you are gathering evidence.
If you do name yourself as driver don't forget to send the information as a letter, using the PACE statement, rather than just filling in their form. Despite what they may wish you to believe, that's absolutely legal so long as all the info requested is included and the letter is signed. The Court of Appeal have already ruled on that one.
However, if you want the photo as part of a 'not-guilty' to the speeding charge, then the CPS have to produce it to you at least 7 days before the hearing together with, if it's a laser camera, a full video of the session during which your alleged offence took place. Be sure to formally request this video and specify that you want the 'full session' copy as they are reluctant to provide this. They cannot charge for this unless you lose in which case it becomes part of the 'costs awarded by the court'.

[mouseymousey]

Thanks Cooperman, all duly noted.