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 Post subject: Anything I can do?
PostPosted: Tue Sep 12, 2006 15:26 
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I was clocked doing 39mph in a 30 zone on March 5th. I received the NIP within 14 days and returned this straight away confirming that I was the driver. It might be right but I know the road well and usually keep to 30.

I opted to go to court rather than pay a fixed penalty. I was hoping that maybe they wouldn't bother to pursue it. I thought they had forgotten until last week when I received a summons to attend court on September 20th.

I'm sure the documentation that came with the summons is standard - statement from the police officer to say he was using a LTI 20.20 and this was calibrated earlier and later in the day. The statement is dated July 26th but wasn't sent to me until Sept 7th.

Just wondered if there were any avenues of defence I might explore or should I just pay up?


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 Post subject:
PostPosted: Tue Sep 12, 2006 20:01 
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What distance were you gunned at? What is the lay of the land? Was there anything else around at the time? Were you going away or comiung toward the gun? Were you stopped or did it all happen by post?


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PostPosted: Tue Sep 12, 2006 20:58 
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125.5 meters. I was going towards it.

There is a 40 limit and a bend in the road where it turns to 30. The police regularly set up in a position where they can see vehicles coming out of the 40 zone. It was a Sunday so not much traffic around.

Incident took place at 12.00. The police witness statement says that fixed distance checks were carried out at 10.06 and 14.26. The device was calibrated until 31/03/06.

It all happened by post. I got the NIP six days after the event. The summons is dated 24th July but wasn't posted until 6th September. I was away and picked it up when I got home on 10th. Court date is 20th, which doesn't exactly give me much time.


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PostPosted: Tue Sep 12, 2006 21:09 
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Quote:
The device was calibrated until 31/03/06.


Or do you mean was last calibrated on that date?

Have you already pleaded?

Getr over to Pepipoo without delay.


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PostPosted: Tue Sep 12, 2006 23:44 
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Was it an LTI 20.20 camera van with a speed-scope which made a video recording.

If so you can ask for a copy of the video under the Data Protection Act, which they should provide within 20 days. See my other postings on this in this section.

If the police refuse or claim exemption come back, as I had a ruling from the Information Commissioner's Office to say they are not exempt from providing this, since it contains personal information about you and your movements.

I see however it may be a bit too late for that now, so you should get it under the disclosure rules when you go to court. Go directly to Pepipoo for advice on that.

If and when you get the video it may contain sufficient information to allow the speed of your car to be independently determined with sufficient accuracy, particularly as the distance was reasonably short. Distances on the video can be very deceptive due to the telephoto lens used, but by choosing good reference points it could be possible to be sufficiently accurate.


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PostPosted: Wed Sep 13, 2006 15:42 
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It was an LTI 20.20 camera van with speed-scope.

Thank you for your help and I will head for Pepipoo.


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