Angry - to say the least. But I will fight it!

Angry - to say the least. But I will fight it!

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Discussion

SFoxy

Original Poster:

20 posts

246 months

Sunday 16th November 2003
quotequote all
Thanks for the reply guys.

About the video evidence, do they have to show me what they beleive was the offence? - because they didn't.

The officer specifically locked the door once I had got in, I saw him do that and I noted that to him.I wasn't under arrest, I volunteered to sit in his car, does that give him the right to detain me in this way?



outlaw

1,893 posts

267 months

Sunday 16th November 2003
quotequote all
madant69 said:
I always get people to sit in my car while I check docs etc. I do sometimes get people who refuse but it's no big deal...

We always have child locks engaged and window winder handles removed (to prevent escapes - I am sure Outlaw can explain further if need be! ) so that's a pretty standard practice.

Your only option here is to present evidence in mitigation - you have committed the offence, period. But like Outlaw says, if the beak is awake () you might be able to avoid points. Of course you might get a bigger fine and points...do you do the lottery??


I all ways found wiping the had brake up

if you time it well works great all ways ussed to carry a kuff key in my belt

save me dislocating me thumb easy to do for some but it hurts like shit :d

having said that the idear not to let get you in the car firstplace

they like pepole siting down there easyer to control.

stay standing in a inteview room if you want to freak the bibs out.

outlaw

1,893 posts

267 months

Sunday 16th November 2003
quotequote all
SFoxy said:
Thanks for the reply guys.

About the video evidence, do they have to show me what they beleive was the offence? - because they didn't.

The officer specifically locked the door once I had got in, I saw him do that and I noted that to him.I wasn't under arrest, I volunteered to sit in his car, does that give him the right to detain me in this way?






no they dont but the cps does have to give you a copy
before a trial if you plead Not guilty can be fun get it handed over but they dont have a choice.

>> Edited by outlaw on Sunday 16th November 02:19

outlaw

1,893 posts

267 months

Sunday 16th November 2003
quotequote all
madant69 said:
I always get people to sit in my car while I check docs etc. I do sometimes get people who refuse but it's no big deal...

We always have child locks engaged and window winder handles removed (to prevent escapes - I am sure Outlaw can explain further if need be! ) so that's a pretty standard practice.

Your only option here is to present evidence in mitigation - you have committed the offence, period. But like Outlaw says, if the beak is awake () you might be able to avoid points. Of course you might get a bigger fine and points...do you do the lottery??


yea I was pointing out it could be fun trying it on with a complaint under the unlawful inprisomet laws

becaase tenicaly there physicly unable to leave if not aressted

and it mite cause problems with the speeding evidence.

SFoxy

Original Poster:

20 posts

246 months

Sunday 16th November 2003
quotequote all
Hmm, all very interesting.

I think they way to go might be mitigating circumstances then, and get a good solicitor. I still want to request video evidence though, so i can see the offence. Don't forget my speedo was telling me the car was doing 30mph - I am going to have it examined aswell. I want to know who is right or wrong, and take it from there. Until then how can i agree with the plod when they have shown me no evidence?

SFoxy

Original Poster:

20 posts

246 months

Sunday 16th November 2003
quotequote all
I would be interested to hear from a megistrate etc on the best way to proceed with this too! What do you look for in a defendant and case?

AllTorque

2,646 posts

270 months

Sunday 16th November 2003
quotequote all

Is there any come-back against the garage who gave you a car with a knackered speedo? Small claims?

SFoxy

Original Poster:

20 posts

246 months

Sunday 16th November 2003
quotequote all
Hi there Torque

Well he is an independant trader and only got the car himself that same day. He is a motor trader with traders insurance too, and was present with me in the car. He confirmed to the police I was doing 30, and the car was on a test drive. We did everything we could to make it legal on the road before the test drive, ie. tax, tyres, MOT, etc.

I was in the car less than five minutes. I am beginning to wonder. The officer alleged I was doing 42 and he has video evidence which he never showed me. Isn't this way above their descretion anyway in a 30 zone - so why a FPN? I feel they may not have the evidence they say they have.

It was through an industrial estate, no other vehicles there at all, so it was a genuine test drive to get a feel of the car. I usually drive an auto and this is a manual car, on a downhill. All i can say is, i am not going to plead ignorance, but i want somebody to hear the case as the plod were not interested. i can only go by what I and my two witnesses saw in the car, that was 30mph. They didnt show me their evidence so is it fair that i should accept the charge?

rude girl

6,937 posts

260 months

Sunday 16th November 2003
quotequote all
No no, it's not fair, don't accept the charge

SFoxy

Original Poster:

20 posts

246 months

Monday 17th November 2003
quotequote all
Thanks for the advice and support!

Should I write to the Chief Constable first and ask him/her to review the situation and give me a break?

sheepy

3,164 posts

250 months

Monday 17th November 2003
quotequote all
SFoxy said:
Thanks for the advice and support!

Should I write to the Chief Constable first and ask him/her to review the situation and give me a break?



Might be worth a try. Mate of mine was being done for "failure to stop" after an accident. He wrote to the senior plod at TVHQ in MK, and they wrote back to tell him that in light of his letter of appology, they were dropping the case!

Sheepy

keithyboy

1,940 posts

271 months

Monday 17th November 2003
quotequote all
Foxy, I see that you say the trader was in the car with you at the time and spoke to the police at that time too. This guy is an independent witness and you could call him to give that evidence as part of your case, if it would help you of course!