At which point do you request the photographic evidence
At which point do you request the photographic evidence
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Discussion

gee_fin

Original Poster:

119 posts

313 months

Monday 13th March 2006
quotequote all
Received a NIP today, 46mph in a 40mph zone, I actually thought the 40mph was a 60mph national speed limit being out of villages and in the open country but appear to have missed the single 40mph sign However, as it's so close to the trigger speed I'd like to request the evidence. At which point do you do this? I've just received the NIP, do I sign this and send it back requesting the evidence or negate to sign it while requesting the evidence at the same time?

Cheers,
Graeme.

TangoAlpha

1,175 posts

284 months

Monday 13th March 2006
quotequote all
I would suggest requesting the photograph to assist in identifying the driver. IMHO if you use the word "evidence" then you could be marking yourself as being awkward. I don't think they have to release the photo(s) until court/summons time so probably best to be civil (at least to start with ).

puggit

49,820 posts

278 months

Monday 13th March 2006
quotequote all
IIRC the 40 limit will need repeater signs?

Best get over to www.pepipoo.com also, they are the real legal eagles (DVD excepted!!)

Dwight VanDriver

6,583 posts

274 months

Monday 13th March 2006
quotequote all
Single 40 mph sign???????

TSGD 2002 require one either side of the road at the start of the limit if a single carriageway. Is one missing or are you confusing with a 40 repeater that can alternate at various distances?

At the first stage of the conditional offer which you are at then there is no obligation on the SCP to provide photographs. This comes later at the summons stage if CO refused under disclosure rules. However, many SCP will release if asked, in order that recipient of NOIP/172 request can establish the details of the driver where there may be a dispute due to multi use of the vehicle. On the lines suggested in post above consdieration should be given to this approach first.

dvd

dvd

wanty1974

3,704 posts

278 months

Monday 13th March 2006
quotequote all
Yes, indeed, get down to the site with a handy camera if the signage is dodgy.

I asked for the photos to a scamera job before signing the NIP so that I could 'attempt to identify the driver', and had a letter back saying that they wouldn't let me have the photos as they didn't show the face of the driver. Much tooing and froing afterwards and it's nearly three years later and I haven't had a summonds. Never even signed the NIP.