Mobile Cameras - Photographs taken of the rear of the car
Discussion
Looking for a bit of advice here please !!
Was caught doing 48 in a 40 zone by her majestys finest a couple of weeks ago. Got a NIP through the post and sent it back saying I couldn`t confirm who was driving at the time. They replied this week saying that the photograph was taken of the rear of the car and that they couldn`t identify the driver from the information they had. They also included another NIP stating that as the keeper of the vehicle it was my responsibility to infirm them of who was driving the car at the time of the offence. They are proposing to do me under section 172 of the RTA 1988. I`ve had a clean license for 10 years. The camera was located in Humberside (Renowned for being quite tough I`m led to believe)
Any help most appreciated !!!!
Was caught doing 48 in a 40 zone by her majestys finest a couple of weeks ago. Got a NIP through the post and sent it back saying I couldn`t confirm who was driving at the time. They replied this week saying that the photograph was taken of the rear of the car and that they couldn`t identify the driver from the information they had. They also included another NIP stating that as the keeper of the vehicle it was my responsibility to infirm them of who was driving the car at the time of the offence. They are proposing to do me under section 172 of the RTA 1988. I`ve had a clean license for 10 years. The camera was located in Humberside (Renowned for being quite tough I`m led to believe)
Any help most appreciated !!!!
Thought I was still in a 50 limit and must have missed the signs ! You might be better looking at ABD site or pepipoo as they have experts on there. You could try the speed plod and the law forum on here. So long as you ignore the replies of "just pay up and admit guilt" you may get some more constructive advice from the non police contributors. HTH
First, did the NIP arrive within 2 weeks? If it didn't, they will find it difficult to get a successful prosecution.
Did they send, or have you asked for, a copy of the picture? If so and you are genuinely unable to provide a positive visual identification of the driver, then you must say that.
If they send you a copy and it has, in any way been altered (eg. enlarged, cropped or is otherwise not as the camera took it) they can be successfully accused of 'tampering with evidence' - which is a felony in its' own right.
If they refuse to send a copy, write back and point out that you cannot assist in providing a positive identification, much as you wish to help.
The only thing they could possibly get a conviction on is 'failing to identify', but if you've made every effort to do so but still failed - AND CAN PROVE YOU HAVE REALLY TRIED (ie. kept copies of your polite, helpful correspondence) - then the CPS is under direction not to prosecute. If they do get a successful prosecution for this failure, it carries the same penalty as the speeding charge.
This whole system relies on people filling-out the form and sending it back - don't. Write to them. Be courteous, try to be as helpful as you can. Don't ever be inclined to make anything up or lie.
Did they send, or have you asked for, a copy of the picture? If so and you are genuinely unable to provide a positive visual identification of the driver, then you must say that.
If they send you a copy and it has, in any way been altered (eg. enlarged, cropped or is otherwise not as the camera took it) they can be successfully accused of 'tampering with evidence' - which is a felony in its' own right.
If they refuse to send a copy, write back and point out that you cannot assist in providing a positive identification, much as you wish to help.
The only thing they could possibly get a conviction on is 'failing to identify', but if you've made every effort to do so but still failed - AND CAN PROVE YOU HAVE REALLY TRIED (ie. kept copies of your polite, helpful correspondence) - then the CPS is under direction not to prosecute. If they do get a successful prosecution for this failure, it carries the same penalty as the speeding charge.
This whole system relies on people filling-out the form and sending it back - don't. Write to them. Be courteous, try to be as helpful as you can. Don't ever be inclined to make anything up or lie.
Try here - loads of people in the same boat...
www.safespeed.org.uk/forum/viewforum.php?f=31
Nil illegitemates te carborundum! - Make them fight for their money!
www.safespeed.org.uk/forum/viewforum.php?f=31
Nil illegitemates te carborundum! - Make them fight for their money!
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