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Speeding offence - help needed

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froggy128
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PostPosted: 10:08 - 28 Apr 2005    Post subject: Speeding offence - help needed Reply with quote

Hello
i have just got a speeding ticket that says i was doing 35 in a 30 zone, last friday now i know the road and i saw a mobile camera on it i was doing less than 30 on this road as i saw the speed camera van from a distancd. I know i wasnt going over 30, is there anything i can do? it says i can not have a photograph to identify the rider.
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killa
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PostPosted: 10:19 - 28 Apr 2005    Post subject: Reply with quote

If they dont have photo evidence and it shows the recorded speed then you have a chance, appeal in court.
If they do, then you don’t. Thumbs Up
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kawakid
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PostPosted: 10:20 - 28 Apr 2005    Post subject: Reply with quote

If you saw that mobile van. Then where you heading towards it?

If so it can't be that one that got your details . (ie they can't see your reg front on).


Thus you must have been caught by one pointing from behind.

Which If you did see, you would have slowed down..

Hmmmmm, I don't know.

Personaly if I now see a camera I will drop 5 below the speed limit, I just don't trust em.

Also in West Yorkshire where I live all mobile speed cameras locations for the week are posted on the web.

https://www.safetycameraswestyorkshire.co.uk/mobile.asp

Good luck
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froggy128
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PostPosted: 10:23 - 28 Apr 2005    Post subject: Reply with quote

the van was parked in a side raod taking people from the back, i saw them because i know they like to park there so i always look out for them but you can only see the top of the van.
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killa
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PostPosted: 10:26 - 28 Apr 2005    Post subject: Reply with quote

froggy_girl128 wrote:
the van was parked in a side raod taking people from the back, i saw them because i know they like to park there so i always look out for them but you can only see the top of the van.


Officer : “It’s not a speed trap, its traffic control”

Rolling Eyes
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Mr Calendar



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PostPosted: 10:26 - 28 Apr 2005    Post subject: Reply with quote

You might find the information you need on the pepipoo site.
For info about the Notice of Intended Prosecution (NIP) click here.

HTH Thumbs Up
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froggy128
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PostPosted: 10:35 - 28 Apr 2005    Post subject: Reply with quote

So would you say first thing i should do is request who a photo as i cant remember who was riding at the time?

this is the what it says

can i have a copy of the photograph
this is a summery offence and no advance disclosure is required. The evidence is to support the prosecution case. However the photograph is normally of the rear of the vehicle and will not assist you in identifying the driver.
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jay12329
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PostPosted: 10:39 - 28 Apr 2005    Post subject: Reply with quote

It my not help for a car but you could identify a rider by their kit. Def a car driver who wrote the form.
J
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froggy128
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PostPosted: 10:51 - 28 Apr 2005    Post subject: Reply with quote

what happens if you ignore the letter and if you get another one say you didnt recieve the first letter.
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Mr Calendar



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PostPosted: 10:53 - 28 Apr 2005    Post subject: Reply with quote

froggy_girl128 wrote:
...the photograph is normally of the rear of the vehicle and will not assist you in identifying the driver.

I'd ask for the photograph anyhow to help ascertain if it was actually your vehicle, let alone if you were riding it! There is number plate cloning you know Rolling Eyes
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froggy128
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PostPosted: 10:55 - 28 Apr 2005    Post subject: Reply with quote

what about speedo error would they actully test my bike or is there anyway that do test them.
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Mr Calendar



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PostPosted: 10:58 - 28 Apr 2005    Post subject: Reply with quote

froggy_girl128 wrote:
what about speedo error would they actully test my bike...

FWIW I was told (be a policeman) not to try mentioning a possible speedo fault as this would mean a ticket for having a faultly vehicle (although this maybe just for roadside stops).

The only cases where speedos have been tested is in the extreme cases where it has been shown the vehicle cannot achieve the alleged speed.

If you still want to have your speedo checked maybe have a word with an MOT testing place?

As posted earlier check the pepipoo site to see if it helps.
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Mr Calendar



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PostPosted: 11:17 - 28 Apr 2005    Post subject: Re: Speeding offence - help needed Reply with quote

froggy_girl128 wrote:
...just got a speeding ticket that says i was doing 35 in a 30 zone...

Sorry, just re-read that bit.
Now I'm confused Thinking
ACPO (Association of Chief Police Officers) guidelines for speed is still 10% plus 2mph limit. So that'd make 35mph just acceptable.
Only factors affecting this should be if it was near a school etc.

Why not give the local camera safety partnership a call and check their tolerance settings and policy. There's a list if you click here. The camera vans are supposed to be police vehicles and so you'd think should follow police guidelines.

Only other exception I've heard of is when a council (Telford) contracted out cameras to a private firm who set them bang on the posted speed (they didn't have to follow ACPO you see).
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Kickstart
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PostPosted: 13:42 - 28 Apr 2005    Post subject: Reply with quote

Hi

The ACPO guidelines are just that, and they are free to ignore them whenever the "widows and orphans fund" is getting a bit low. Woman at work got done for 31 in a 30 by a camera.

The cameras do make mistakes. We got a ticket for speeding in the Maserati on the M6, but it had not been used on the road for months at the time and certainly not on that day. Legally they must double check the pictures but they often do not bother.

Some of the cameras in use now can take your picture over 1km away.

While a front facing camera cannot record the plate of the bike, the operater can just write down the plate after you have gone past and that will be accepted in court.

They do not have to supply the picture unless it goes to court, and as going to court will probably result in further costs to yourself (plus they cannot keep the fine themselves if it goes to court), they tend to try and bully you into paying up without seeing the evidence.

All the best

Keith
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MattEMulsion
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PostPosted: 13:48 - 28 Apr 2005    Post subject: Reply with quote

Don't just ignore it, you've got to act on it in someway.

There was a similar situation to this where 'tgabber' got off a speeding ticket by contesting it. See this link: https://www.bikechatforums.com/viewtopic.php?t=36574&highlight=speeding

What bike are we talking about just out of interest?
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VTR SP1
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PostPosted: 13:59 - 28 Apr 2005    Post subject: Reply with quote

froggy_girl128 wrote:
what happens if you ignore the letter and if you get another one say you didnt recieve the first letter.


If you ignore the letters you will miss the court date and an arrest warrant will be issued. If you get arrested on a Saturday afternoon you will be in the cells until Monday at the earliest.

Don't ignore the letter.

As someone said these cameras can get you from a log way away and may have got you before you saw it. He could then just write the registration down as you went past.

SP1
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froggy128
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PostPosted: 14:00 - 28 Apr 2005    Post subject: Reply with quote

on my little varadero125
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Bikerz
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PostPosted: 14:04 - 28 Apr 2005    Post subject: Reply with quote

I think that you can ask for the calibration certificate or summat of the camera becuase some of those guns (aint too sure about the cameras) are faulty and when you point them at a brick wall they can read 80mph! Ask them for a photo, just say you lent someone your bike that day as a test ride and arent too sure what time that was so you want a picture to compare the leathers and helmet. Also Iv been told ( dont know if its true) that if you ask for as much evidence from them as you can (after all you do have the right to) then theyl just drop it because of the time its going to take.

Sam
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steve878
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PostPosted: 14:47 - 28 Apr 2005    Post subject: Reply with quote

Regardless of whether or not it is a summary offence, if you explain that you are considering pleading not guilty then the defence (you or your solicitor) will be entitled to disclosure of the evidence available. How can you possibly prepare a defence without it?

Explain this to them, and request a copy of any photograph, and written evidence of the speed recorded and the calibration checks of the camera.

Even if you claim that numerous people ride the bike apart from you and you don't know which person was riding at the time, you might be struggling to prove that, if the pic clearly shows the rider's leathers etc (ie you would probably recognise who it is from their riding kit.) If you are the only person insured on the bike (this info now freely available to police on pnc), again you might struggle.
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Mr Calendar



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PostPosted: 14:59 - 28 Apr 2005    Post subject: Reply with quote

steve878 wrote:
...If you are the only person insured on the bike (this info now freely available to police on pnc), again you might struggle.

...but FYI if someone has a fully comp policy then they'll likely be able to ride another bike, with owner consent, as 3rd party insurance. So being the only rider named on the insurance may not be relevant.
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Kickstart
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PostPosted: 15:37 - 28 Apr 2005    Post subject: Reply with quote

steve878 wrote:
Regardless of whether or not it is a summary offence, if you explain that you are considering pleading not guilty then the defence (you or your solicitor) will be entitled to disclosure of the evidence available. How can you possibly prepare a defence without it?


They only have to provide the evidence when it is going to court. As such they will just refuse to supply the evidence until they have to as most people will just pay the fine rather than take the risk it really was them and the associated higher fine and costs from going to court (and to add to the deviousness of the whole scam, the magistrate courts are partners in the organisations who run the cameras).

All the best

Keith
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mchaggis
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PostPosted: 15:47 - 28 Apr 2005    Post subject: Reply with quote

It seems to me that they've got their scheme pretty tightly sewn up. The police are running low on funds? Just lower the thresholds on the cameras again... No-one will dare to risk court because they aren't allowed to see the evidence about them; so in essence, motorists are simply taking the word of some profiteering scam that they were speeding and cough up.

Fancy being told you're guilty and that you'll have to take their word for it and accept it unless you fancy risking getting your finances raped in court? Confused

It seems to me at least that the speed camera fine and court system is completely screwed up, wholly biased towards assumption of guilt and geared around intimidating the driver into paying without challenging the ticket. They could just watch the cameras and make up the tickets from any cars which happened to pass. Even if they were all under the posted limit, you could guarantee that there'd be plenty who'd just pay.
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Wave2k
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PostPosted: 15:48 - 28 Apr 2005    Post subject: Reply with quote

sneeky fekers in vans

its a matter of time before i get caught
there EVERYWHERE atm

i hope they all die
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Mr Calendar



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PostPosted: 16:09 - 28 Apr 2005    Post subject: Reply with quote

mchaggis wrote:
...being told you're guilty and that you'll have to take their word for it and accept it unless you fancy risking getting your finances raped in court? Confused....

Thanks for reminding me of the 'demanding money with menaces' angle.
This site - click here - has an example letter to send following receipt of a NIP. Please read it all to get the most out of the information. I understand the loop hole where you could claim human rights abuse if you named the driver (possible self-incrimination?) has been closed; you have to complete the form somehow (but see tgabber thread and the pepipoo site PACE letter for an alternative).

From experience I know someone who did send the 'money with menaces' letter and has not received any further correspondence (the 6 month period for prosecution has now elapsed anyhow).

HTH Thumbs Up
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Bomberman
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PostPosted: 17:32 - 28 Apr 2005    Post subject: Reply with quote

Nice link map, interesting read Thumbs Up
froggy, you're a Sheffield lass IIRC? Whereabouts was this van?
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