Safe Speed Forums

Hi,

Im' new to to the site and have been having a look for some advice but cant find a situation like mine.

NIP received today for Girlfriends car which is in her name in her name. Offence was alledged to have been committed 11 days ago.

Alledged to be travelling at a speed of 51mph in a 40mph zone. (It was restricted to 40mph because of roadworks usually 70mph cos its a dual carriageway)

I was driving at the time not Girlfriend.

The allegation is supported by photographic/videographic evidence.

I was aware of the camera van and had already made sure my speed was around the 40mph mark. I don't believe that I was travelling at the alledged speed.

The FAQ's section that came with the NIP states that I cannot have a copy of the photographic/videographic evidence and that it is used to support the (humberside) Police prosecution case.

I do not have any existing points on my license and I would like to keep it that way if possible. Any advice or assistance would be appreciated.

Thanks

Visit the forums at www.pepipoo.com. All the info you need is there.

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Less Kodak, more Kojak.
In times of deceit, telling the truth is a revolutionary act.

Yes you can have a copy of the video
under the Data Protection Act, providing you accept you were driving.

It is then personal data held by the police about what you were doing at the time, so you are entitled to have it under the data protection act.

Don't let the police claim exemption, as I had a ruling from the ICO (Information Commissioners Office) that you can have a copy. See below;

You can have this before the expiry of the fixed penalty offer and before you need to decide whether to go to court.

Phone the ICO help line

From the ICO

Reference: END0092346

I write with reference to your complaint of regarding the Police. The force should have now forwarded you a copy of the video images that they retain in relation to you.

It seems that the force had initially misunderstood their obligations and believed that a single still image of the specific offence would satisfy their obligations under Section 7 of the Data Protection Act 1998. I have now advised them appropriately of the requirements of the Data Protection Act 1998.

I have now advised the Police suitably to seek to ensure their future compliance with subject access requests of this kind.

Information Commissioner's Office, Wycliffe House, Water Lane. Wilmslow, Cheshire, SK9 5AF
t: 01625 545 700
f:01625 524 510
e: mail@ico.gsi.gov.uk
w: www.ico.gov.uk

In future look at the speed limit its on the signs, maybe you could consult the highway code or ask a driving instructor to take you out again.

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Why not put on speed limiters we have the technology only idiots break the speed limit

Pot, kettle - you've admitted you've been done tsm

Then your girlfriend fills in the form saying you were driving, signs it and sends it back to arrive bang on the 28 day limit. That is the end of her involvement.



We don't believe the equipment is reliable, unfortunately you are faced with a situation of innocent until proven guilty, you will have to prove the reading was false.



Some SCPs are reluctant to supply photographic evidence. You could try requesting it under the data protection act but you might not want to. Especially if you can't remember who was driving and need the photos to help you identify the driver. Not providing the photos would be in your favour if the SCP if they decided to prosecute for failing to identify the driver.

In any case, they have to provide any evidence they are to use at least 7 days before a trial. They also have to provide anything you request in order to prepare your defence.

As has been said, go to Pepipoo and get the latest advice on fighting a case where mobile enforcement is involved.