Asking to see evidence?
Author
Discussion

Rob_F

Original Poster:

4,143 posts

286 months

Tuesday 13th April 2004
quotequote all
Basically, how do i go about asking to see evidence of speeding (from a "safety" van)? Do I have to send a letter back instead of the conditional offer letter, and if I do will the option of taking the offer be removed and i'll have to go to court?

To be honest I don't want a lot of hassle, but i'd like to see the evidence as i'm not 100% convinced I was actually doing the alleged speed.

Cheers!
Rob.

jatrichardson

54 posts

295 months

Tuesday 13th April 2004
quotequote all
The only way I got to see the evidence was to plead not guilty and get summonsed. At one point they did offer to allow me to visit a police station of my choice to see the pic. I suspect the procedure differs between authorities.

jeffreyarcher

675 posts

270 months

Tuesday 13th April 2004
quotequote all
You are not legally entitled to see the evidence until you have declined the FPN (if offered), been summonsed and plead not guilty.
However, you should write to the scammers saying that you are unsure who the driver was on that occasion and would they please send you a copy of the photograph to assist you in your efforts to determine the driver.
Many scammers will crop of any speed info on the photo, but it may give you a clue.

Rob_F

Original Poster:

4,143 posts

286 months

Tuesday 13th April 2004
quotequote all
Thanks for that.

It'll definately be me in the picture, what i'm not sure on is the speed. If it's not going to help me with that then there's probably no point. I'm not in a position to start another battle at the moment anyway, got more things worth spending my time on.

Cheers though,
Rob.

gopher

5,160 posts

281 months

Tuesday 13th April 2004
quotequote all
Rob_F said:
Thanks for that.

It'll definately be me in the picture, what i'm not sure on is the speed. If it's not going to help me with that then there's probably no point. I'm not in a position to start another battle at the moment anyway, got more things worth spending my time on.

Cheers though,
Rob.


Rob, not sure if you have seen it but this thread may be of interest

www.pistonheads.com/gassing/topic.asp?t=86778&f=10&h=0

Cheers

Paul

jeffreyarcher

675 posts

270 months

Tuesday 13th April 2004
quotequote all
Rob_F said:
It'll definately be me in the picture, what i'm not sure on is the speed. If it's not going to help me with that then there's probably no point.

You miss my point. You have to say that that is the reason to 'encourage' them to send you a photo.
The reason that it 'encourages' them being, that if they don't, they may be held to have 'obstructed' your efforts to establish who was driving, and thus aid a 'reasonable diligence' (sub-section (4)) defence, if you were going to run one.
Not all scammers crop the speed info.
Also, you could just ask them the speed. Some will tell you, some won't.