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PostPosted: Wed Mar 17, 2004 03:10 
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Are you being prosecuted for a motoring offence and you're looking for advice?

We know a lot around here about road traffic law and the judicial process, but not half as much as our friends at PePiPoo and their visitors. PePiPoo has a similar forum system with free public access.

For the best free legal advice about road traffic matters on the web visit:

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http://www.PePiPoo.com

The PePiPoo approach complements ours nicely - we know about the relationships between speed, safety, policy and driving standards, while PePiPoo knows about the law.

Please feel absolutely free to post your query here as well as, or instead of, PePiPoo. The choice is yours.

update We now have a special forum for posts about your prosecution. click here. Such posts are off topic in all other forums.

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Last edited by SafeSpeed on Tue Oct 25, 2005 03:39, edited 1 time in total.

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 Post subject: Intended prosecution's
PostPosted: Sat Apr 17, 2004 13:48 
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:roll:

I received an intended prosecution, which i wrote back stating that i believed their equipmet was faulty as i was sure that my speed was at or under the limit.

I have not heard anything for a couple of weeks, since i posted the letter. Do i need to do anything else or should i just wait to hear from them

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PostPosted: Sat Apr 17, 2004 20:12 
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If you recieved a NIP (Notice of Intended Prosecution) and did not fill it in, sign it and reurn it then you are likely to recieve a summons for failing to identify the driver. You will have been given a certain number of days (28?) in which to respond, I imagine they are waiting for your time to run out. S172 as it is known is now an easy prosecution for them, and it won't matter if their equipment is faulty.

You might also get a summons for the speeding offence, which will be a separate fight.

The failing to identify carries the same 3 points and same range of fine as the speeding but a lot of insurance companies will load your premium more for that than the speeding.

If you are still within time then return the NIP, then contest the speeding after you recieve the offer of a fixed penalty.


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PostPosted: Wed May 12, 2004 21:23 
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Ihave just received a notice of intended prosecution for travelling at 80 mph on the A40 between Abergavenny and Raglan. The alleged offence took place on Ester Tuesday when there was very little traffic.It is a long and virtually straight dual carriageway with a 70 mph limit. Situated on the one bend on the road was a safety camera vehicle.I saw no signs to indicate that this vehicle was present.Question is should I just pay the fine...or should I challenge it ? Any advice will be welcome.

regards...Tim


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PostPosted: Tue Jun 01, 2004 15:01 
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Excellent site, though i'm not entirely sure about the validity of those legal cases cited as the precendent


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PostPosted: Sat Jul 10, 2004 09:40 
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Homer wrote:
If you recieved a NIP (Notice of Intended Prosecution) and did not fill it in, sign it and reurn it then you are likely to recieve a summons for failing to identify the driver. You will have been given a certain number of days (28?) in which to respond, I imagine they are waiting for your time to run out. S172 as it is known is now an easy prosecution for them, and it won't matter if their equipment is faulty.

You might also get a summons for the speeding offence, which will be a separate fight.

The failing to identify carries the same 3 points and same range of fine as the speeding but a lot of insurance companies will load your premium more for that than the speeding.

If you are still within time then return the NIP, then contest the speeding after you recieve the offer of a fixed penalty.


Have not had a reply to my letter since february, and did not return the NIP. Do you think they have dropped this.

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PostPosted: Wed Aug 18, 2004 11:42 
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bmwk12 wrote:

Have not had a reply to my letter since february, and did not return the NIP. Do you think they have dropped this.


There is a 6 month time limit beginning with the date of the alleged speeding offence by which they must raise an action against you if they are going to. There is also a 6 month + 28 days time period by which they must raise an action against you for 'failing to provide' (aka. fill in and return the form to their satisfaction).

This does not mean you have to appear in court within 6 months (+ 28 days), just that they submit a proper application to the courts summonsing you within that time.

If they haven't already then they may be too late (although beware of prospective serving which is an abuse of process, and the possibility that they opened a dialog with the CPS on their computer system before the six months and try to use that date as the serving date - see pepipoo for more details).


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PostPosted: Mon Sep 06, 2004 09:25 
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is it true that the camera must be signed before you reach it?
as i got a letter and there was no camera sign on the road at the time! - nor was i exceeding the speed limit, nor was the van on my side of the road!

i have only held my liscence for 19 months, and could well do without this rubbish!


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PostPosted: Fri Sep 17, 2004 17:56 
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Hi

I received a NIP (my very first) today for doing 86mph on the A417 dual-carriageway. (70 limit)
I travel that route every day, and after crawling along at 20mph for about 2 miles on the single-carriageway section - because nobody can get themselves moving - I had to make up time once I got onto the dual-carriageway, or be late.
It must have been a talivan, but I didn't see one, so he must have been in a place not easily visible from the road. There are NO signs warning of cameras anywhere along that road.

Any ideas about my best course of action?

Regards
Peter


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PostPosted: Fri Sep 17, 2004 18:14 
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You need to go to Pepipoo and find out if they are still advising to ask for full disclosure of the video. Last time I checked the scammers were still dropping those cases.

Youll need to be prepared to go to court if so, but it shouldn't get that far and you can change your mind and plead guilty right up to the day without attending.

But of course you are not guilty, right. :wink:


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 Post subject: Cameras in vans
PostPosted: Wed Sep 29, 2004 19:48 
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I recently received a letter alleging that my motorcycle (with me on board, I guess ;)) was doing 52 in a 40. I wrote, being careful not to implicate myself, asking to see the photo. Clear as day, it's my bike. The photo was taken from one of those "THINK!" vans at the side of the road. What's the chances of these things being unstable? Fixed installation posts are as good as useless if they are knocked out of alignment, are they not? How do they calibrate van cameras? Do they? What if it was really, really windy? In short, can I go to court and say to them "Your equipment is gash and inaccurate, let me go"..?

Any ideas?

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 Post subject: Cameras in vans
PostPosted: Wed Sep 29, 2004 20:07 
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I recently received a letter alleging that my motorcycle (with me on board, I guess ;)) was doing 52 in a 40. I wrote, being careful not to implicate myself, asking to see the photo. Clear as day, it's my bike. The photo was taken from one of those "THINK!" vans at the side of the road. What's the chances of these things being unstable? Fixed installation posts are as good as useless if they are knocked out of alignment, are they not? How do they calibrate van cameras? Do they? What if it was really, really windy? In short, can I go to court and say to them "Your equipment is gash and inaccurate, let me go"..?

Any ideas?

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PostPosted: Fri Oct 01, 2004 17:31 
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Pete317 wrote:
I received a NIP (my very first) today for doing 86mph on the A417 dual-carriageway. (70 limit)


Look upon it as a small misfortune - a miserable little speeding ticket. The best thing you can do now is to listen to old basingwerk and get where the smart money is - under the limit.

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 Post subject: Re: Cameras in vans
PostPosted: Sat Oct 02, 2004 16:00 
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motophiliac wrote:
Any ideas?


You need to follow the link in the first post.


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PostPosted: Sat Oct 02, 2004 23:23 
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basingwerk wrote:
Pete317 wrote:
I received a NIP (my very first) today for doing 86mph on the A417 dual-carriageway. (70 limit)


Look upon it as a small misfortune - a miserable little speeding ticket. The best thing you can do now is to listen to old basingwerk and get where the smart money is - under the limit.


The scamera operators, like prostitutes, get paid. What's your excuse?

You hijack every discussion with your closed-minded attitude, and don't even bother to answer tough questions. Are you one of them?


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PostPosted: Sun Oct 03, 2004 09:56 
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Pete317 wrote:
The scamera operators, like prostitutes, get paid. What's your excuse? You hijack every discussion with your closed-minded attitude, and don't even bother to answer tough questions. Are you one of them?


I'm trying to help. A lot of people who have been convicted come to this site to look for answers, and there aren't any, other than driving within the limit.

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PostPosted: Sun Oct 03, 2004 10:02 
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basingwerk wrote:
I'm trying to help. A lot of people who have been convicted come to this site to look for answers, and there aren't any, other than driving within the limit.


There are a lot of answers here to a range of important questions like:

Why am I being prosecuted when I was driving safely?

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PostPosted: Mon Oct 11, 2004 08:28 
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There is a 6 month time limit beginning with the date of the alleged speeding offence by which they must raise an action against you if they are going to. There is also a 6 month + 28 days time period by which they must raise an action against you for 'failing to provide' (aka. fill in and return the form to their satisfaction).


8 months now, looks like Justice has prevailed and i will not be prosecuted

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PostPosted: Mon Oct 11, 2004 08:30 
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SafeSpeed wrote:
basingwerk wrote:
I'm trying to help. A lot of people who have been convicted come to this site to look for answers, and there aren't any, other than driving within the limit.


Then their are those of us who are driving within the limit, and are receive nips due to faulty equipment.

It is beyond all doubt that camera's are not safe evidence!

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PostPosted: Sat Oct 30, 2004 20:49 
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bmwk12 wrote:
Quote:
There is a 6 month time limit beginning with the date of the alleged speeding offence by which they must raise an action against you if they are going to. There is also a 6 month + 28 days time period by which they must raise an action against you for 'failing to provide' (aka. fill in and return the form to their satisfaction).


8 months now, looks like Justice has prevailed and i will not be prosecuted


as you are now well past the time limit it may well pay you to phone the local court to see if papers have been laid if not then phone the cps and ask for a letter of discontinuance and dont forget to ask how to claim for legal costs incurred

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