Asking for photos - are they allowed to do this?
Discussion
I have an NIP for a speeding "offence" which is "supported by means of photographic evidence".
The letter adds: "The photographs cannot be sent by post but can be viewed by between (sic) 9am-3pm at the above address"
Are they allowed to do this or can I insist that they send them out? What about the DP Act stuff in the LTI 20-20 thread?
The letter adds: "The photographs cannot be sent by post but can be viewed by between (sic) 9am-3pm at the above address"
Are they allowed to do this or can I insist that they send them out? What about the DP Act stuff in the LTI 20-20 thread?
No, they are not!!
Get over to Pepipoo and read all about the LTI 20-20 and in particular disclosure. You are within your rights to INSIST they disclose it once you register a not guilty plea.
If they do not disclose it seven days before the trial, it is inadmissable in court.
You will get a lot of bluff and bluster from them before they release it, and chances are, they won't and there will be no case to answer.
Get over to Pepipoo and read all about the LTI 20-20 and in particular disclosure. You are within your rights to INSIST they disclose it once you register a not guilty plea.
If they do not disclose it seven days before the trial, it is inadmissable in court.
You will get a lot of bluff and bluster from them before they release it, and chances are, they won't and there will be no case to answer.
tonyout said:
No, they are not!!
Get over to Pepipoo and read all about the LTI 20-20 and in particular disclosure. You are within your rights to INSIST they disclose it once you register a not guilty plea.
If they do not disclose it seven days before the trial, it is inadmissable in court.
You will get a lot of bluff and bluster from them before they release it, and chances are, they won't and there will be no case to answer.
Won't they just claim that making the photos available to view at this address constitutes disclosure?
Under the law all that the authority is required to do after detection of offences by camera/electronic means is to send along with NOIP, a Conditional Offer for the driver. Such an offer must give particulars and circumstances alleged to constitute the offence to which it relates as are necessary for giving information about the alleged offence, state the amount of Fixed penalty, advise that proceedings (Court) cannot be commenced until after 28 days from when the Conditional Offer was made.
It must also state that if payment is made within 28 days, Licence handed to Clerk and no problems with totting up, any liability to conviction at Court shall be discharged. (Section 75 Road Traffic Offenders Act 1988)
I gather some authorities try to supply/ assist by offer to view photographic items but strictly not required to do so.
The scheme is there for people who know they have been caught bang to rights and they can get the matter resolved fairly rapidly. It also frees Court time for more pressing matters.
Those that do not accept have the choice to elect trial at Magistrates Court when prior to the case there is a facility for disclosure of the evidence connected with the case.
Many think that the Conditional Offer opens up an avenue to test/have disclosed the evidence by means of a paper trial above and beyond what the system was designed for. Not the case.
.....and I am not going to be drawn about driver ID under the infamous Section 172. In pure technicality the same applies.
DVD
It must also state that if payment is made within 28 days, Licence handed to Clerk and no problems with totting up, any liability to conviction at Court shall be discharged. (Section 75 Road Traffic Offenders Act 1988)
I gather some authorities try to supply/ assist by offer to view photographic items but strictly not required to do so.
The scheme is there for people who know they have been caught bang to rights and they can get the matter resolved fairly rapidly. It also frees Court time for more pressing matters.
Those that do not accept have the choice to elect trial at Magistrates Court when prior to the case there is a facility for disclosure of the evidence connected with the case.
Many think that the Conditional Offer opens up an avenue to test/have disclosed the evidence by means of a paper trial above and beyond what the system was designed for. Not the case.
.....and I am not going to be drawn about driver ID under the infamous Section 172. In pure technicality the same applies.
DVD
I assumed you were caught by an LTI 20-20, in which case there is a very good chance of getting off if you are willing to put up a fight. Is this what got you?
As I mentioned, the experts at Pepipoo really know their stuff and there are plenty of sample letters and good advice, if you are up for a fight. They will be able to tell you EXACTLY what you are entitled to in law.
I think your rights to disclosure only come into effect if you decide to enter a not guilty plea.
As I mentioned, the experts at Pepipoo really know their stuff and there are plenty of sample letters and good advice, if you are up for a fight. They will be able to tell you EXACTLY what you are entitled to in law.
I think your rights to disclosure only come into effect if you decide to enter a not guilty plea.
cptsideways said:
I watched a scamera team in operation the other day.
The video evidence "WOULD BE VERY IFFY" from what I saw, especially if targetted from the rear.
Ring them up & ask if someone can tell which way round it was.
I too however have seen some still pictures from a Video Scamera, and they were crystal clear... beware.
Cheers,
Matt
>> Edited by M@H on Thursday 1st April 13:00
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