What on earth does this mean?
Discussion
I have just received a "Notice of Intended Prosecution", but I can't for the life of me figure out what it means:
In accordance with Section 1 of the Road Traffic Offenders Act 1988, I hereby give you notice that it is intended to take proceedings against the driver of ***** For the alleged offence of EXCESS SPEED 30MPH (Fixed Camera)
At 20:08 on 02/12/04 Recorded Speed 0 mph (not relevant to red light offences)
At (place) Luton Road, J/W Woodford Road, Dunstable
Contrary to Section S81 (1) RTRA 84
THIS ALLEGATION IS SUPPORTED BY PHOTOGRAPHIC EVIDENCE
What on earth does this mean? Has the damned Govt decided to prosecute people for being stationary now?
Any help/advice would be greatly appreciated.
In accordance with Section 1 of the Road Traffic Offenders Act 1988, I hereby give you notice that it is intended to take proceedings against the driver of ***** For the alleged offence of EXCESS SPEED 30MPH (Fixed Camera)
At 20:08 on 02/12/04 Recorded Speed 0 mph (not relevant to red light offences)
At (place) Luton Road, J/W Woodford Road, Dunstable
Contrary to Section S81 (1) RTRA 84
THIS ALLEGATION IS SUPPORTED BY PHOTOGRAPHIC EVIDENCE
What on earth does this mean? Has the damned Govt decided to prosecute people for being stationary now?
Any help/advice would be greatly appreciated.
Chack the envelope... If it was 2nd class, you're home free (NIP not lawfully served). Doubtful TBH looking at how quick you received it though.
If it is 2nd class, DO NOTHING for at least 14 days or they will simply serve one on you correctly.
Looks like you somehow triggered a red light cam without moving
Might be worth a trip over to www.pepipoo.com
If it is 2nd class, DO NOTHING for at least 14 days or they will simply serve one on you correctly.
Looks like you somehow triggered a red light cam without moving
Might be worth a trip over to www.pepipoo.com
A friend of mine recently got stuck the wrong side of a red light (he moved forward but the junction became blocked so he had to stay where he was). Apparently the traffic light camera repeatedly flashed him. I've no idea how these work, he was stationery at the time. (sp. Or is that stationary?). Not sure whether he was done for it or not, but I'll find out.
AlexH said:
it looks like you set-off a light camera,personally i'd ask for the photo evidence.
Surely at 0mph you'd have a job even setting off a light camera wouldn't you?
ive seen those cameras go off when a car has rolled less than a foot over the line. the one at hendy ford/a127 does it on the southend-bound side.
Think the camera referred to might be a red light camera that doubles as a speed camera.
Something has made this camera take a photo of your car. I’m no expert here, but whatever it was that caused this, the NIP you received is incorrect.
If your car did set this camera off, this wasn’t because it was travelling at more than the 30 limit – the NIP alleges a speed of 0 - so the only other ‘criminal’ possibility is that your car infringed a red light. In that case, though, the NIP – I’ve had one, TS10 - would say by how many seconds, and would quote the point of law that applies.
Your NIP, however, relies on Section 81 of the Road Traffic Regulation Act 1984 which “specifically makes it an offence for a person to drive a motor vehicle at a speed of more than 30mph on a Restricted Road (i.e. on an urban street lit road).”
So, the NIP is alleging that you were speeding at 0mph. I don’t think that would cut it in court.
If you point this out in maybe ten days time, they’ll probably see that it’s too late to correct the NIP and serve something that accuses you of an actual offence, and they’ll simply let it drop.
Alternatively, if you’re feeling a bit vicious, you could take it all the way.
They’ve accused you of one thing – exceeding a 30 mph speed limit at 0 mph. They can’t just change this when you get to court and say, well actually we meant to accuse the driver of a red light infringement.
Something has made this camera take a photo of your car. I’m no expert here, but whatever it was that caused this, the NIP you received is incorrect.
If your car did set this camera off, this wasn’t because it was travelling at more than the 30 limit – the NIP alleges a speed of 0 - so the only other ‘criminal’ possibility is that your car infringed a red light. In that case, though, the NIP – I’ve had one, TS10 - would say by how many seconds, and would quote the point of law that applies.
Your NIP, however, relies on Section 81 of the Road Traffic Regulation Act 1984 which “specifically makes it an offence for a person to drive a motor vehicle at a speed of more than 30mph on a Restricted Road (i.e. on an urban street lit road).”
So, the NIP is alleging that you were speeding at 0mph. I don’t think that would cut it in court.
If you point this out in maybe ten days time, they’ll probably see that it’s too late to correct the NIP and serve something that accuses you of an actual offence, and they’ll simply let it drop.
Alternatively, if you’re feeling a bit vicious, you could take it all the way.
They’ve accused you of one thing – exceeding a 30 mph speed limit at 0 mph. They can’t just change this when you get to court and say, well actually we meant to accuse the driver of a red light infringement.
Alex -
I know that road too well having been scamera'ed on it before (close to where I live ).
I think there is a traffic light camera at that junction on the A505 (near Sainsbury's) - were you flashed / photo'd while stationary perhaps, but having crossed over the junction markings while the light was red or something ?
There are also regular scamera vans along that stretch of road, usually nearer to Tescos - but from the notice it sounds more like the traffic lights fixed one to me.
The A505 is a speed trap - the speed limit used to be 40 along the full length , the limit was dropped to 30 West of Tescos , scameras were (of course ) installed as soon as the speed limit was reduced ( b*stards )to catch out as many drivers as possible.
I know that road too well having been scamera'ed on it before (close to where I live ).
I think there is a traffic light camera at that junction on the A505 (near Sainsbury's) - were you flashed / photo'd while stationary perhaps, but having crossed over the junction markings while the light was red or something ?
There are also regular scamera vans along that stretch of road, usually nearer to Tescos - but from the notice it sounds more like the traffic lights fixed one to me.
The A505 is a speed trap - the speed limit used to be 40 along the full length , the limit was dropped to 30 West of Tescos , scameras were (of course ) installed as soon as the speed limit was reduced ( b*stards )to catch out as many drivers as possible.
alfaman said:
Alex -
I know that road too well having been scamera'ed on it before (close to where I live ).
I think there is a traffic light camera at that junction on the A505 (near Sainsbury's) - were you flashed / photo'd while stationary perhaps, but having crossed over the junction markings while the light was red or something ?
There are also regular scamera vans along that stretch of road, usually nearer to Tescos - but from the notice it sounds more like the traffic lights fixed one to me.
The A505 is a speed trap - the speed limit used to be 40 along the full length , the limit was dropped to 30 West of Tescos , scameras were (of course ) installed as soon as the speed limit was reduced ( b*stards )to catch out as many drivers as possible.
You are damn right. The missus got scammed along there when they dropped the speed limit without telling anyone, and just put a couple of tiny 30 signs on a couple of lamp posts that no one would see if they were actually keeping their eyes on the road and DRIVING!
Makes me almost incandescent with rage.
gute_fahrt said:
Think the camera referred to might be a red light camera that doubles as a speed camera.
Something has made this camera take a photo of your car. I’m no expert here, but whatever it was that caused this, the NIP you received is incorrect.
If your car did set this camera off, this wasn’t because it was travelling at more than the 30 limit – the NIP alleges a speed of 0 - so the only other ‘criminal’ possibility is that your car infringed a red light. In that case, though, the NIP – I’ve had one, TS10 - would say by how many seconds, and would quote the point of law that applies.
Your NIP, however, relies on Section 81 of the Road Traffic Regulation Act 1984 which “specifically makes it an offence for a person to drive a motor vehicle at a speed of more than 30mph on a Restricted Road (i.e. on an urban street lit road).”
So, the NIP is alleging that you were speeding at 0mph. I don’t think that would cut it in court.
If you point this out in maybe ten days time, they’ll probably see that it’s too late to correct the NIP and serve something that accuses you of an actual offence, and they’ll simply let it drop.
Alternatively, if you’re feeling a bit vicious, you could take it all the way.
They’ve accused you of one thing – exceeding a 30 mph speed limit at 0 mph. They can’t just change this when you get to court and say, well actually we meant to accuse the driver of a red light infringement.
SOunds like excellent advice! Many thanks for that.
I really wanted to call them today, but perhaps I will wait and make things more difficult for them.
Actually, I thimk I might let them take me to court...it might be fun.
>> Edited by alexkp on Friday 10th December 08:12
KITT said:
This thread my be of interest to you:
www.gtr.co.uk/forum/upload/showthread.php?s=&threadid=18806
That is most interesting....many thanks.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff