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PostPosted: Wed Jan 26, 2005 18:31 
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sorry to be so dense guys as I've posted before over this.But here goes anyway.Got a nip for speeding sent to my estranged wife last month.She claimed she filled it out stating I was driver and sent it off.Start of this month new nip was sent to me.However,this nip also asks me to identify driver and has the sections on the back which I have to fill out to say if I was driver or not.I want to send a letter to them asking for the photographic evidence to be sent.
a)can I do this without incurring charges etc
b)how come they sent me the exact same format of nip as sent to the wife asking to state who driver was?Was the one she returned ignored or do they suffer from crap admin?


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PostPosted: Wed Jan 26, 2005 18:45 
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The place for this sort of advice is PePiPoo


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PostPosted: Wed Jan 26, 2005 19:40 
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Observer is right about Pepipoo.

nicemrkelly wrote:
b)how come they sent me the exact same format of nip as sent to the wife asking to state who driver was?


They carry on like that until they get a SIGNED CONFESSION. That's how the prosecutions work.

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PostPosted: Thu Jan 27, 2005 20:05 
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Speaking from experience, you should fill in the NIP, and atatch a letter stating that you do not know who was driving at the time, and demand the photo to resolve the issue. It is my understanding that you should also ask for the location of the van (was it a van or fixed camera?) Do this because if the van was parked illegally, ie in a no parking zone, or causing any kind of obstruction, then you can challenge the validity of the offence, because an offence cant be detected, if the camera vehicle itself is commiting an offence. (hope that maes sense)
This is my understanding of it, and not actual legal advice mind!

Remember you don't have to disprove the offence, they have to prove it, and do so beyond reasonable doubt.

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Last edited by NEIL JEFFREYS on Fri Jan 28, 2005 11:08, edited 1 time in total.

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PostPosted: Thu Jan 27, 2005 20:14 
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NEIL JEFFREYS wrote:
Remember you don't have to disprove the offence, they have to prove it, and do so beyond reasonable doubt.


#Those were the days, my friend, we thought they'd never end...

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PostPosted: Thu Jan 27, 2005 20:49 
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Have faith Paul :D As soon as we get rid of this government/dictatorship , things just might change :wink:

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PostPosted: Fri Jan 28, 2005 01:31 
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NEIL JEFFREYS wrote:
Do this because if the van was parked illegally, ie in a no parking zone, or causing any kind of obstruction, then you can challenge the validity of the offence, because an offence cant be detected, if the camera vehicle itself is commiting an offence. (hope that maes sense)


Fat chance, imo. Do you have authority for this? I'm seriously interested.


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PostPosted: Fri Jan 28, 2005 10:01 
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Observer wrote:
NEIL JEFFREYS wrote:
Do this because if the van was parked illegally, ie in a no parking zone, or causing any kind of obstruction, then you can challenge the validity of the offence, because an offence cant be detected, if the camera vehicle itself is commiting an offence. (hope that maes sense)


Fat chance, imo. Do you have authority for this? I'm seriously interested.


Authority for what? Me saying this? I can say what I like it's a legal fact. The police can't commit an offence to detect an offence, any police officer/solicitor can tell you this.

This sort of information is commonly known, and was even highlighted on the news, when the people of North Wales went around filming speed camera vans parked illegally on double yellows etc.

PS what does imo mean?

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Last edited by NEIL JEFFREYS on Fri Jan 28, 2005 10:34, edited 1 time in total.

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PostPosted: Fri Jan 28, 2005 10:24 
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IMO = In My Opinion

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PostPosted: Fri Jan 28, 2005 10:33 
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Ah right, thanks!

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PostPosted: Fri Jan 28, 2005 21:44 
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Quote:
I can say what I like it's a legal fact.


Not wishing to be pedantic, but you cannot say what you like :!:

Just one name for that one, Kilroy.

Quote:
The police can't commit an offence to detect an offence, any police officer/solicitor can tell you this.


Police are able to commit the offence of speeding, for training purposes, let alone detecting an offence.

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PostPosted: Fri Jan 28, 2005 22:04 
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bmwk12 wrote:
Police are able to commit the offence of speeding, for training purposes, let alone detecting an offence.


Incorrect.

RTRA 1984:

"87 Exemption of fire brigade, ambulance and police vehicles from speed limits


No statutory provision imposing a speed limit on motor vehicles shall apply
to any vehicle on an occasion when it is being used for fire brigade, ambulance
or police purposes, if the observance of that provision would be likely to
hinder the use of the vehicle for the purpose for which it is being used on that
occasion."

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