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 Post subject: letter written
PostPosted: Sat Oct 27, 2007 09:07 
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Anton

Thanks for your advise, I have written a letter and will advise you of any outcome. I don't expect anything at this stage and fully expect to be told nothing can be done and to go away, but I'm not giving up. I'll go to the next level once this is refused and take legal advise if necessary. I'll keep you posted.


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PostPosted: Sat Oct 27, 2007 21:21 
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just to prove that hants have not been complyingwith the rules

http://www.dft.gov.uk/press/releases/pr ... isibil5810


Quote:
Visibility of Mobile enforcement sites
Camera operatives at the mobile camera sites should wear fluorescent clothing and abide by all Health and Safety requirements;

Vehicles should be clearly marked as camera enforcement vehicles with reflective strips (uniquely identifying them as speed camera enforcement vehicles).

Covert operations can in exceptional circumstances be allowed but must be recorded by the partnership

Signing
Camera warning and speed limit reminder signs must be placed in advance of fixed or mobile speed enforcement taking place. Ideally these should be placed within 1 km of fixed camera housings and at the beginning of a targeted route for mobile enforcement sites

Signs must only be placed in areas where camera housings are present or along routes where mobile enforcement will be targeted;

Any signs on routes that are not enforced (less than one visit every two months) should either be removed or retained and the frequency of visits increased.

Communications
The location of both fixed and mobile cameras should be well publicised via local web-sites, public sector announcements on radio stations and in local newspapers.

Sign design
Signs must comply with those specified in Traffic Signs Regulations and General Directions or specially authorised by DTLR.

Site review
Each site must be reviewed on a six-monthly basis to ensure that conditions on conspicuity, visibility and signing have not changed or do not require alteration

Timing
All new cameras should meet the new visibility criteria

All existing cameras must comply with the new visibility criteria within 6 months of the ministerial announcement

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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 Post subject:
PostPosted: Sun Nov 04, 2007 13:47 
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The hants scamra partnership wont send me the piccys, but i will be sending back the s172 this week.

I have attached a letter to them outlining the judgement as written above and also about the defect report and there own officers knowing etc...

i will let you know the outcome!!

Fingers crossed i get a NFA letter!!

I have been in touch with Barry Culshaw but I just cant afford his fees, It will cost an intital £105 for a 20 min phone interview, then of course on going fees and then court fees etc.. with no guarentee of getting them back. I would love to go for the class action and would find the £200 for that but as I havent been done yet he says i cant go with that!!


Anton you have been a star!!! I couldnt have done it without your transcripts!!


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PostPosted: Sun Nov 04, 2007 14:07 
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:lol:
Remember , to send you a summons they have to include a statement stating all the signing was in perfect order. They know that is not true! :P

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Sun Nov 04, 2007 15:01 
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anton wrote:
:lol:
Remember , to send you a summons they have to include a statement stating all the signing was in perfect order. They know that is not true! :P


:lol: :lol:

i wish i could add that into my letter, but i better not!!! :roll:



i will let you know anton how i get on. i keep tweaking the letter as im not sending it until tuesday.


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PostPosted: Tue Nov 13, 2007 19:30 
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Keep an eye out for the portsmouth news, Alex forsyth is chasing up on dogey signs after she found some on portsdown hill
scan me a copy if you see it, please

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Thu Nov 15, 2007 10:51 
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i will keep an eye out for it anton, i have asked my brotehr as he lives in pompey to keep an eye out as well.


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 Post subject:
PostPosted: Sat Nov 17, 2007 13:19 
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well i had a letter today from the scamera partnership today, and the cheek of them is unbelievable. even though they have been proven wrong in a court of law they still say they are going ahead with prosecutions. they claim i would of passed 2 signs on the a27 before being zapped.

I wonder what they will say when i hadnt been on teh a27 and i was still on teh m27 slip road :D

i have posted the letter received below

Image[/img]


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 Post subject:
PostPosted: Sat Nov 17, 2007 13:41 
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You know what really grinds my gears, is when a letter is signed with no printed name beneath. I find it the height of bad manners that they do not identify themselves, and in this case it is even pp'ed!! Do they not wish the contents of the letter to be attributable to them?

Not to mention the fact that this letter has no salutation and the valediction is typed. Not only is their arrogance in pressing ahead, considering themselves above the law, astounding, but they are also downright damned rude!


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PostPosted: Sat Nov 17, 2007 14:01 
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If they disagree with the 'decision of the learned district judge' why aren't they appealing the case? If they are accepting that verdict but continuing to prosecute other cases where the situation is identical, then that is fraud and abuse of process. They're clearly chancing their arm that a lot of people will just pay up as they don't know any better.

It will be interesting to see what the same judge has to say on the matter when an identical case reaches him. Prosecuting someone when you already know they are innocent has to be the most serious type of perverting the course of justice.


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PostPosted: Sat Nov 17, 2007 14:08 
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Is it not worth sending a copy of the above letter to the judge concerned? I'm sure he wouldn't like it if he found out his judgements meant nothing.

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PostPosted: Sat Nov 17, 2007 14:09 
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As I understand it, this verdict does not constitute precedent, and so by appealing they only risk it becoming precedent, if the verdict is upheld in a higher court.

There is something very wrong here though.


Last edited by RobinXe on Sat Nov 17, 2007 14:10, edited 1 time in total.

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PostPosted: Sat Nov 17, 2007 14:10 
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Par for the course. Absolutely disgusting 'bluff and bluster' tactics.

Are they blinded by the cash? Or the self-righteous speed camera lies?

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Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety


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 Post subject:
PostPosted: Sat Nov 17, 2007 14:13 
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RobinXe wrote:
As I understand it, this verdict does not constitute precedent, and so by appealing they only risk it becoming precedent, if the verdict is upheld in a higher court.


Well exactly, my point is that by admitting this they are also admitting the whole thing is just a scam.


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 Post subject:
PostPosted: Sat Nov 17, 2007 14:14 
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well my next letter that i sent off today read this!! I dont think they will like me as i just keep finding more and more problems with them!!

Quote:
Further to my recent correspondence dated 6 November 2007 and your considered response that I received today. I would like to point out a couple of discrepancies with the Notice of Intended Prosecution sent by Hampshire Safety Camera Unit. I would also like you to find enclosed the S172 Driver/Keeper Statement, and please accept my apologies that I forgot to tick the box.

I must draw to your attention that at the time you allege I was not on the road that you alleged i.e. A27, Eastern Way, Fareham, Hampshire. I was actually on the M27 Spur. The A27 starts approximately 205 meters down from where I was observed and filmed. This information has been obtained by studying the still photographic evidence that was sent to me to aid driver identification. It does now appear too late to re-issue a Notice of Intended Prosecution with the correct road name.

The terminal signs are not in the correct place on this road which is fatal to a prosecution. This has been proven at Portsmouth Magistrates Court on Thursday 11 October 2007 in the case of R v Thomas.

The initial speed limit order was on the old A27 on its old route from Cams Hill through the Delme roundabout to Titchfield. It did not cover the flyover over the Delme roundabout.

Hampshire A27 Spur , Fareham road traffic regulation order

Length of road in the borough of Fareham
40mph speed limit
The A27 spur {Delme arms roundabout} between its junction with the A27 eastern Way and a point 328m North east of that junction



I have taken legal advice and with respect ask the Partnership to take advice before proceeding with taxpayer’s money on a case that a similar one has already been decided by a District Judge

I look forward to receiving your response.


i think i will see what they say to this and then decide my next course of action!!!

I still can not believe the cheek of the partnership to just go against the decision and keep prosecuting possible innocent motorists!!


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 Post subject:
PostPosted: Sat Nov 17, 2007 14:21 
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RobinXe wrote:
...letter has no salutation...
I think the line above the first sentence shows a wise masking of personal detail

However the letter relies on the decision of a DJ not setting precedent - although I would have thought that, until tested in a higher court, it should be at least a strong guideline to magistrates. Fisherman care to comment?

Further, these arrogant ***** go on to suggest that the pratnership are only obliged under legislation to give adequate guidance of the speed limit. What utter b*******.

Personally I suggest that ohgreat ignores any CoFP. In the unlikely event of prosecution and subsequent conviction, I would willingly contribute to a fund towards appeal costs.


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 Post subject:
PostPosted: Sat Nov 17, 2007 14:24 
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cabbie wrote:
RobinXe wrote:
...letter has no salutation...
I think the line above the first sentence shows a wise masking of personal detail

However the letter relies on the decision of a DJ not setting precedent - although I would have thought that, until tested in a higher court, it should be at least a strong guideline to magistrates. Fisherman care to comment?

Further, these arrogant ***** go on to suggest that the pratnership are only obliged under legislation to give adequate guidance of the speed limit. What utter b*******.

Personally I suggest that ohgreat ignores any CoFP. In the unlikely event of prosecution and subsequent conviction, I would willingly contribute to a fund towards appeal costs.


your right i had masked the personal details!!


I have been in touch with Barry Culshaw, but I just cant afford his fees, I dont think I can afford to take this as far as court as much as I would love to!!

I am just hoping writing all the complaints I can about how flawed there signage, location etc... are they will cave but I dont have that much luck!!

If I do have to take the points and fine, I will still be on there backs and i think joining anton on his campaign :)


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 Post subject:
PostPosted: Sat Nov 17, 2007 14:31 
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ohgreat wrote:
...I dont think I can afford to take this as far as court...

Must confess I was ignoring any magistrates procedings as representation would never be cost effective in the wider sense - so any costs incurred would be personal only (and winning the case would give some recovery). But an appeal would be expensive - and that's why I floated the idea of a fund. But anton will be able better to advise you on this.


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PostPosted: Sat Nov 17, 2007 14:35 
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When you read this thread, you realise the terrible mistake that the police (in the guise of the camera partnerships) have made in their relationship with the public.

By sticking to the belief that they cannot be wrong (with their fingers in their ears) they have demeaned themselves in the eyes of the people and shown that justice has been immolated on the altar of targets and money.

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The views expressed in this post are personal opinions and do not represent the views of Safespeed.


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 Post subject:
PostPosted: Sat Nov 17, 2007 15:39 
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The nip and the letter is sent on behalf of the chief constable!
I wonder how aware he is of this situation?

If this goes to court It is imperitive that it is heard by a district judge, not a bullied magistrate. A leter could be sent to the head of the CPS (hampshire,nick hawkins) asking him to review the evidence and contact you within days. It should be followed up after the 14 days by phone calls. It is malicious prosicution??

They are knowingly enforcing a road where the signs are not wher the traffic order states. where mixed speed traffic comes together with no lighting over the speed limit signs and the 40 mph road is painted as a 50-70mph road. And they are issuing nips with the wrong road name on them.

This whole debarcle might be Misconduct in public office
Max penalty Life in prison! :o

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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