Safe Speed Forums

Apologies if this is wrong place for this post, but I'm new around here!

I've just received a NIP for travelling at 36mph in a 30mph, from a mobile speed trap. However I was travelling at no more than 25mph at the time. I saw the van a long way off and made doubly sure I kept well below the limit. I did have to pass a parked vehicle near the trap, so I changed direction and speed (5-25mph surge), which may have caused this errorenous reading.

How do I go about clearing myself? Do I sign the the form which states I was the driver at the time? Is this an admission of guilt, or just stating who the driver was? After all, I do deny driving there at that time.

What evidence am I likely to need?

Advice would be most welcome!

I think what you need to do is to name yourself as the driver, ignore the fixed penalties, plead not guilty, and ask for full disclosure of the video. You could also consider the PACE statement route, but it may not be appropriate in this case.

Visit www.pepipoo.com for detailed advice.

OK, I'll send the reply off. They seemed to imply this is what you do on the gumph that came with it.

BTW, where on the IOW are you? I grew up in Bembridge!

Woa! Don't rush to send it back. Going slow gives you time to plan and may make them run out of time.

You have an obligation to send it back within 28 days. So take 27.

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

I was planning on holding things back, as I wanted to go and take some pictures of the road, and hopefully some of the trap when they are next there.

make sure you use special delivery when sending on the 27th day(next day delivery) and keep records/copies

cheers,
matt

Posts like these really do make me wonder about the accuracy of the scameras.

I've personally been flashed on the m42 in a truck going through roadworks....Temp speed limit 50mph, I was doing 45 (on cruise control-no surges with a tacho chart to prove it!) and no-one else on the motorway at the time. No summons though.

When stuff like this happens how can people be prosecuted for going over the limit when the scameras plainly arent that good?!

Following on from the theme, I received a NIP back in Feb and have currently refused to disclose the identity of the driver, on account that I can't conclusively state who was driving at the time. I have received copies of photographs and they are too poor to identify the driver.

I have now been informed that if I can't state the drivers' details then consideration will be given for the relevant offence. I have explained the reasons why but I am not sure how far they will pursue S172.

Anyway I have noticed from the two photos that clock the car at 59 in a 50 zone that the distance between the two points of measurement appears to me 204.7 mtrs (thats the figure on both photos). The time stamp between each photo is 5 seconds which I guess could be taken to be an elapsed time of 5 or 7 seconds. To my reckoning this either equates to a speed of 91 MPH or 65 MPH respectively (And if it was me there is no bl**dy way I would have been doing that in a 50 zone). I know thats more than 59 MPH but do you think this presents a reasonable challenge to the accuracy of the device? Incidentally the road is clearly not straight.

What do you think?

Cheers
Dazzer

Go to

www.pepipoo.com/

for advice.

For your point about being genuinely unable to identify the driver, there is at least one precedent in law: the Hamilton case. They won. Look it up.

Can't offer any advice on the speed claimed. There are ways of investigating this thoroughly as well.

My advice would be to fight the bastards all the way. Never, ever, ever, just fill in a NIP, send them your licence and pay them their money. This is what feeds them.

Best of luck.

_________________
'The normally careful and competent actions of a reasonable person should be considered legal, regardless of the letter of statute'

Rioman, Herts

Good point, I'll have to check when the 28th day is, to make sure I can get the last day the post office is open before then.

Any ideas for good evidence I can build up for myself in the mean time?
Would I also need a solicitor? Not having been involved in anything law related in my life, this is all rather new to me.

Not much to do at present if you are taking the 'disclosure route', you are only entitled to the full session video when a plea of not guilty is entered when a summons is received, however if you doubt you were at the scene as stated above then there would be no harm in requesting the photographs,

visit www.pepipoo.com and go to forums then 'read this first' there is a template there, you could even open a thread there within the 'judicial process' forum

cheers,
matt

Read this guys story too. It's well worth the read.

http://www.notsoaccurate.com/Page%201.htm

I'll visit PePiPoo and ask there too. I don't doubt I was at the scene, it's the speed they measured I've got my big doubts over!

Interesting little device he's designed there, though the only way of testing the GATSO I suppose, is too drive through it and set it off. Not something I'd risk doing!! Maybe just wait around until someone else does.