Speeding Ticket???

[RKFerrari]

I’m sure this is a subject that been repeated many time so apologies … Just got a Speeding ticket in the post, doing 60 in a 50 according to the letter. I know the road and know the speed limit and on that day I’m sure I wasn’t going that fast (due to a mellow talking book … I know, very rock n’ roll). I read somewhere on here or on another forum about asking to see the calibration of the device that took the reading – if they don’t provide they (the police) can’t prosecute. Is this correct or is it going to get me in more trouble, does anyone have any experience of this? Many thanks in advance

[Dwight VanDriver]

The paperwork you received in the post is to allow those that admit their guilt to accept a 'Conditional Offer' of paying 60quid, collecting 3 points on their licence and the matter is then done and dusted.

There is no obligation to 'prove' the offence by paper evidence.

For those that do not accept the 'Conditional Offer' there is no alterative to pleading 'Not Guilty' and electing a Court hearing when prior to the hearing CPS are obliged to disclose all their evidence.

dvd

[justinp1]

Dwight VanDriver said:

The paperwork you received in the post is to allow those that admit their guilt to accept a 'Conditional Offer' of paying 60quid, collecting 3 points on their licence and the matter is then done and dusted.

There is no obligation to 'prove' the offence by paper evidence.

For those that do not accept the 'Conditional Offer' there is no alterative to pleading 'Not Guilty' and electing a Court hearing when prior to the hearing CPS are obliged to disclose all their evidence.

dvd

Agreed, good advice there.

The only thing to add is that some forces (if thats the right word) will supply the calibration certificates and photos straight away, as they get thousands of people asking the same thing that they have them ready. Some even give you a link to them on the internet!

If you honestly believe you were not speeding, then I would say fight it. If you do, you can at least make them work for their money by pleading not guilty and getting sent the photos and the rest of the evidence.

Should you wish to change your plea later then I think the most it should cost you if you dont trouble the court too much is an extra £30.

Should you dispute the contents of the photos, then friendly eyes on here I am sure will be able to view them to see if you indeed have a case.

For an example of the process, I would recommend reading Peter Ward's thread "LTI2020 Strikes Again....."

I would get some food and drink ready though before you start......!

...but that is the process you will have to go through if you are intent on saving your 3 points and £60. How much do you value your principles over your money and free time!?

[bigdods]

This depends where you were caught. When I got picked off by the scamera van near newbury the NIP I got said in bold letters very clearly that I could NOT ask for the photo, that if I did it would not be sent to me and that this time wasting tactic would not change the time limit to reply to the NIP. Should I want to see the photo evidence it would only be produced in court and not before.

Nice people.

[justinp1]

bigdods said:

This depends where you were caught. When I got picked off by the scamera van near newbury the NIP I got said in bold letters very clearly that I could NOT ask for the photo, that if I did it would not be sent to me and that this time wasting tactic would not change the time limit to reply to the NIP. Should I want to see the photo evidence it would only be produced in court and not before.

Nice people.

It doesnt change the limit to reply to the S172 letter, but a valid reply is that you cannot be sure who is driving after due diligence on trying to work out who was actually driving (of course, if that actually is the case).

You have then fulfilled the requirement. If they then still do not want to produce the photo to assist you in doing this, then it will their problem to explain this to the court why they were unable to do so.