BottyBurp wrote:
Reminds me of a gatso near where I used to work. I think it was set to go off at 32mph and it regularly flashed me as I went towards it on my bike. I was told that because there was no VRM you couldn't be prosecuted as you couldn't be identified 100%! Gulp. Oh well, this was a few years ago...
When you stop and think about it this does seem a bit strange.
Story goes that the cops asked BMW to identify the exact model of bike, which turned out to be fairly rare; then tracked down the only local ones until they got a match on the drivers leathers. Presumably, once the feds had knocked on his door the accused then 'fessed up.
As far as I can see, if the rider of the bike had kept schtum / pleaded NG it is hard to see how a charge could have stuck, as they clearly had no positive means of ID. Whilst the evidence sounds solid at face value when you think a bit harder it becomes a bit shaky. Think about whether they have ID'd the bike or the rider, for example. For a kick off they have no positive ID of the bike, only the knowledge that it's rare, and perhaps has modified lights. Do they know for sure that all other bikes in the country don't have the same mod?
Now if they can't positively ID the bike then how can they NIP / s172 the RK? How can they prove beyond reasonable doubt that another such combination of bike / leathers doesn't exist? Even if the rider were to attend court in person they can't compel him to wear particular clothes, and without them he's completely unidentifiable!
Seems to me like a fair few steps in the evidential chain have been missed out here, in the interests of making an example of someone for what was basically a harmless and victimless crime.