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Old 22nd September 2014, 19:40   #11
SirRustalot
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Quote:
Originally Posted by Heddycdt View Post
Surely they will have photographic evidence to back up their claim? Your case will depend on them not. I did a Speed Awareness course (the first time) but it wasn't offered the second time, maybe because I was 'snapped' 10mph over the limit. I found the Notice of Intended Prosecution (NIP) impossible to ignore, it was time sensitive.
Which is why I will be asking for this evidence. Speed cameras need regular recalibrating to meet the legal certifications and I will be asking all the right questions. I sincerely doubt I was speeding and I aim to prove that the camera is at fault or something else nearby doing 60mph set it off. There are known cases of speed cameras being wrong.
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Old 22nd September 2014, 19:41   #12
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my advice is , don't speed to start with ��
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Old 22nd September 2014, 19:41   #13
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I dont think speed awareness courses are available up here in Scotland instead of the points and fines. Never heard of someone getting one up here.
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Old 22nd September 2014, 19:57   #14
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It would be interesting to see the photo. If there's a vehicle behind you, its possible that the device used (LTI 20/20 or similar) has registered its speed rather than yours - the beam generated 'spreads', the greater the distance you were caught at, the wider the beam....not a problem if you're the only vehicle in view (ignore ones going in the opposite direction btw), but something sitting/closing in behind you could certainly have been clocked rather than you.

I'm not sure how it works in Scotland, and I've been out of the loop for a year or two now, but before you'd ever be allowed to see the photo, you'd have to return the NOIP declaring yourself the rider.....so best wait a while first, as previously suggested! Bear in mind though that you'll not be able to contest anything until you've said 'yes, it was me'!

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Old 22nd September 2014, 20:09   #15
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Quote:
Originally Posted by SirRustalot View Post
Which is why I will be asking for this evidence. Speed cameras need regular recalibrating to meet the legal certifications and I will be asking all the right questions. I sincerely doubt I was speeding and I aim to prove that the camera is at fault or something else nearby doing 60mph set it off. There are known cases of speed cameras being wrong.
I don't know about Scotland, their law is different! In England you get an NIP, which is basically a legal notice requiring you to name the driver or admit the offence. This must arrive within 14 days of the offence, unless there are very good reasons for not being received you can appeal on that grounds alone. If the NIP arrives within 14 days and you wish to see evidence then you can write back explaining that you are making enquiries to find out who the driver was to gain extra time. If there was only one driver you must tell them who the driver was or this becomes a separate offence (failure to disclose under the RTA) and this carries a separate penalty. If you do not get an NIP or fail to inform them who was driving (difficult if six people all have access to the car) then as a summary only offence the Police have six months to prosecute. If they do not then the offence may be heard in court but is unlikely to be granted leave to proceed by the magistrates. Before you plead you are entitled under the court rules to see all the evidence the prosecution rely on before entering a plea. This is important as failure to disclose evidence is sometimes used by the police/scameraship to bully a motorist into pleading guilty "we don't have to show you that and it won't make a difference just hold your hand up".
If for some reason you cannot identify or decide who the driver was you must let them know who had access to the vehicle and why it is impossible to tell (companies can't use that excuse, the loophole is plugged for them). If I remember rightly Scottish law requires all statements to be corroborated, is that not true for speeding?
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Old 22nd September 2014, 20:40   #16
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Tell them you had SatNav on and it's more reliable than speed cameras.
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Old 23rd September 2014, 06:03   #17
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Do not tell them you have a sat nav.
I keep my maps updated all the time and driving the vehicles i do every day i am constantly seeing speed discrepancies from TRUE road speeds compared to satnav. At the end of the day you should have been observing the road and speed signs and not the satnav.

Satnavs are good for telling you the speed your doing but are not so good with the latest road speeds, our council's are changing road signs left right and centre and 3 years down the line the satnav's have not caught up.

I am constantly updating tomtom with road changes hoping they will be on the next update but it seems to take longer than i would like.
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Old 23rd September 2014, 06:42   #18
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Ask for the photo to help you to identify the driver. Then if there is nothing else ninth e picture or no obvious reason why it might be wrong on the speed measured accept the fine &points. If contested the fine & costs will shoot up and you are likely to get more points as well. Most insurance co won't up your premiums for a single speed offence,so is it really worth the fight?
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Old 23rd September 2014, 09:29   #19
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Any chance of a small add in the personals of local newspaper to try and see if others have been "caught" as you have?
What about the newspaper editor? give him a call explain how notorious that stretch of road is for getting fines and what you suspect, it`s a long shot but you never know.
Good luck.
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Old 23rd September 2014, 11:21   #20
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Quote:
Originally Posted by steve811 View Post
I don't know about Scotland, their law is different! In England you get an NIP, which is basically a legal notice requiring you to name the driver or admit the offence. This must arrive within 14 days of the offence, unless there are very good reasons for not being received you can appeal on that grounds alone. If the NIP arrives within 14 days and you wish to see evidence then you can write back explaining that you are making enquiries to find out who the driver was to gain extra time. If there was only one driver you must tell them who the driver was or this becomes a separate offence (failure to disclose under the RTA) and this carries a separate penalty. If you do not get an NIP or fail to inform them who was driving (difficult if six people all have access to the car) then as a summary only offence the Police have six months to prosecute. If they do not then the offence may be heard in court but is unlikely to be granted leave to proceed by the magistrates. Before you plead you are entitled under the court rules to see all the evidence the prosecution rely on before entering a plea. This is important as failure to disclose evidence is sometimes used by the police/scameraship to bully a motorist into pleading guilty "we don't have to show you that and it won't make a difference just hold your hand up".
Not quite accurate.

A Notice of Intended Prosecution is just that - a notice - s.1 Road Traffic Offenders Act 1988.
The requirement to name the driver is a different legal matter - s.172, Road Traffic Act 1988, although it may be on the same piece of paper.
The service of a NIP (late or other problem) does not affect the s.172 requirement.

It is only after a 'not guilty' plea is taken at court that the prosecution discloses their evidence, not before a plea.
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