speed camera loophole?

BorderHooner · Could Be A Chat Bot Joined: 29 Sep 2004 Karma :

I recently read a thread, and am now trying to find it - it was about a solicitor who had got off with a fine and points because he hadn't been cautioned.

think it was linked to either piston heads or MCN... anyone aware of it?
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Lawnie · Nearly there... Joined: 23 Apr 2006 Karma :

Might be on here: https://www.pepipoo.com/

Itchy · Super Spammer Joined: 07 Apr 2005 Karma :

hold on that doesn't make sense you mean he didn't get banned and got fine + points instead of a ban ? , cus getting away with it in my world means no points no fine.
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TheDonUK · World Chat Champion Joined: 20 Feb 2006 Karma :

Yea it was in MCN a couple weeks back. It went along the lines of you need to be cautioned for any information you give to be admissable as evidence in a case against you. and the letter argued that the Speeding ticket in the post did not count as a caution and as such you send back the letter they printed (may still be on the MCN site).

which states that you are supplying the name of the driver/rider of the vehicle at the time of the alleged offence (and as such compling with their legal threats of not supplying information) but as you were not cautions they cannot use that information in a case against you, and as such when the judge or ajudicator (or whatever) asks the prosecution who was drving they must say they have no evidence and the case is thrown out.... It would be worth a try but i think some Scamera partnerships were claiming that the speeding ticket did qualify as a caution... If you were serious about this it would be best to ask a lawyer... Hope that helps somewhat

Found the letter on that site above...

https://www.pepipoo.com/images/MCN/MCN_05-Apr-06_b.jpg

0ddball · World Chat Champion Joined: 15 Jul 2005 Karma :

If someone gets away with something once the law is usually amended pretty quick to stop others exploiting the loophole. I'd be surprised if it works now.

Rookie · World Chat Champion Joined: 09 Feb 2005 Karma :

I used it, they weren't having any of it. They said it only applies to people in custody. Basically, if you're going to use it, expect to have to go to court in order to win. Lots of money, lots of hassle. So no-one will. Rolling Eyes

sickpup · Old Timer Joined: 21 Apr 2004 Karma :

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

Strictly speaking the S172 should need a caution (at which point you are quite able to go along with the first part of "You do not have to say anything.....", so no evidence). Some have used it and it is currently going through appeals in the higher courts (possibly taking time as the courts have realised how much of a hole the law has dug itself into).

Currently some people are getting cases dismissed using this defence, others are getting prosecuted, and some are happily putting in appeals dependent on the outcome of the existing appeals in the higher courts.

All the best

Keith
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sickpup · Old Timer Joined: 21 Apr 2004 Karma :

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

sickpup · Old Timer Joined: 21 Apr 2004 Karma :

Didn't forget was just wondering if anyone but you or the misses would realise. Laughing

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Where is the "stirring" emoticon?

All the best

Keith
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sickpup · Old Timer Joined: 21 Apr 2004 Karma :

Just a little stirring Twisted Evil

#

Really did wonder if anyone who has given legal advice in this thread and others would pick up on it though.