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Driver beats speed fine by proving old runabout can't go that fast, Another Devon & Cornwall Bumpkins fiasco
mudmover
post Mon, 19 Jan 2009 - 13:02
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I'm not sure if this has been mentioned already, or has there been a similar case? The incident apparantly dates from Dec 2007, a year to obtain a court resolution is about right. I wonder if RSS were involved in this waste of taxpayers money tongue.gif
Funnily enough there is no mention of this case on the D&C bumpkins website news: D&C propaganda

Daily Mirror

Motorist Dale Lyle was driven mad when he was told speed cameras caught him doing 98mph - and spent a year and £1,200 proving his innocence.

Dale, 21, even bought back the Honda Civic after selling it on - then paid an independent driving expert to take it on a two-mile test circuit at top speed.

And today he is celebrating victory after proving his old banger could not go that fast. The results showed that even driven flat-out the 1.3 litre runabout Honda could only do 85.4mph in fourth gear and 81.3mph in fifth gear.

Finance worker Dale - who has a clean licence - said yesterday: "It's ridiculous the lengths I've had to go to prove I was innocent. The whole thing has been a shambles, a waste of money........................

This post has been edited by mudmover: Mon, 19 Jan 2009 - 13:04
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post Mon, 19 Jan 2009 - 13:02
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Hotel Oscar 87
post Mon, 19 Jan 2009 - 13:19
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Good on the lad for refusing the CPS's try-on and offering the lesser speed of 80mph. I don't see the court awarding the costs he's going to claim. I hope someone suitably advises him about going after the CPS/Police via the small claims court if he's unsuccessful


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bama
post Mon, 19 Jan 2009 - 15:19
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agreed. plus from the write up this looks like an LTI 'job'.


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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TINBASHER
post Mon, 19 Jan 2009 - 18:59
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No doubt we will have Fastlane and the gang on telling us how the CPS cocked up the case...Over to you Scamakamakarsi.

Edit:- Come to think of it do they still exist? or have 30mph flashing signs taken over like down here in deepest darkest Somerset.

This post has been edited by TINBASHER: Mon, 19 Jan 2009 - 19:02


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When Stephen Hawking guest starred on the Star Trek: The Next Generation episode "Descent", he was taken on a guided tour of the set. Pausing in front of the warp core set piece, he remarked, "I'm working on that".

MORRIS MINOR 1960s = 70MPH NSL
ANY DAMN DECENT CAR TODAY = 80MPH NSL
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greatscot
post Mon, 19 Jan 2009 - 19:45
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Same story different paper

The Telegraph.


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glasgow_bhoy
post Mon, 19 Jan 2009 - 23:28
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Would it hurt the CPS to offer an oppology???

Obvously yes coz they say there is no longer sufficient evidence- I get the impression they are implying that he was still doing that speed.

They need to admit when they get it wrong



Just imagine how many convictions are unsafe as many people would just cave in and accept that they must have been going at the speeds they are accused of just coz a camera says so. I wonder what would happen if everybody challanged their speeding tickets. Potential to collapse the system I reckon.
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Transit man
post Tue, 20 Jan 2009 - 00:13
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Interesting article:-

http://www.dailymail.co.uk/news/article-1122042


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Now driving a Mercedes Sprinter, the Transit died of too much work.
Results for last 5 years:-
12 PPC tickets received, 0 paid
2 Council tickets received, 0 paid (both canceled)
2 Nip's in 40 years 1 paid (damn!)
1 SAC, duly educated!

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bama
post Tue, 20 Jan 2009 - 00:30
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they would have to admit that the LTI device produced a wrong reading.
Obviously it did but they won't admit that - "Ministers for Justice" (spit)


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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Martyn_Oldman
post Tue, 20 Jan 2009 - 00:33
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QUOTE (Transit man @ Tue, 20 Jan 2009 - 00:13) *

Not much help when the vehicle you have will do over 150 ...


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Captain A
post Tue, 20 Jan 2009 - 08:42
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http://www.telegraph.co.uk/news/newstopics...each-98mph.html
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Captain A
post Tue, 20 Jan 2009 - 09:03
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http://www.telegraph.co.uk/news/newstopics...each-98mph.html
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Cargy
post Tue, 20 Jan 2009 - 10:43
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QUOTE (glasgow_bhoy @ Mon, 19 Jan 2009 - 23:28) *
Would it hurt the CPS to offer an oppology???

Obvously yes coz they say there is no longer sufficient evidence- I get the impression they are implying that he was still doing that speed.


Yes, that's pretty much the CPS way; "We're infallible so If we win it's justice, and if we lose, the accused was guilty but got off on a technicality"


Check out the comments of "Argonaut" below this article on a certain recent motorist's victory


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Quis custodiet ipsos custodes? - Quis tacet consentit
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Just_Me
post Tue, 20 Jan 2009 - 11:28
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An interesting read, thank you for posting smile.gif

Dan


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I'm never gonna drive, over 30 again.
And when I'm movin' good, there's always someone up my rear.
Just can't take my eyes, of the speedo again.

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sal_park
post Tue, 20 Jan 2009 - 11:40
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QUOTE (telegraph)
A CPS spokesman said: "We came to the conclusion that there was no longer sufficient evidence to provide a realistic prospect of a conviction. We duly discontinued the prosecution."


Erm, ok.

I suspect that the 'evidence' the CPS has has not changed, so this statement has to be false doesn't it ? What should have happen (I think) is that the the CPS were not allowed to discontinue and the defendant should have won outright.

what do others think ?


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The Rookie
post Tue, 20 Jan 2009 - 11:46
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Nice earner if he does get £1,200 as he could then sell the car on!

Simon


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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bluegolfboy
post Tue, 20 Jan 2009 - 12:05
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I would actually bring into dispute ALL of the speeding convictions which were the result of the camera van in question, especially on the day that the young man was caught. I would also query operator training... Most of all I would pay the young man's expenses and some compensation..


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I am who I am... If you do not know who I am then treat me as such... Words of wisdom are easily handed down but the message conveyed is most likely lost within the mis-interpretation of what is put forth. Mortality is short lived but long lasting...

Want to hear about MY success stories??? Well, I'm still alive! Gotta count for something... I've also managed to re-produce... As for the law, well I like to think I have made head way on occasion but it's a cut throat world and no sooner have you won than you're taking part in another race.......

Guilty until proven innocent...

Speed doesn't kill... Poorly designed, constructed and maintained roads do...

Do not try to bend the rules for that is impossible. Instead, first understand that there are NO rules...



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only inspires the recipient to greater acts of defiance. – Harry Browne

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bama
post Tue, 20 Jan 2009 - 12:21
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QUOTE (Cargy @ Tue, 20 Jan 2009 - 10:43) *
QUOTE (glasgow_bhoy @ Mon, 19 Jan 2009 - 23:28) *
Would it hurt the CPS to offer an oppology???

Obvously yes coz they say there is no longer sufficient evidence- I get the impression they are implying that he was still doing that speed.


Yes, that's pretty much the CPS way; "We're infallible so If we win it's justice, and if we lose, the accused was guilty but got off on a technicality"


Check out the comments of "Argonaut" below this article on a certain recent motorist's victory


So exactly who in RSS ltd is "Argonaught" I wonder ?

Whatever the origin, he/she isn't very good IMHO.


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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glasgow_bhoy
post Tue, 20 Jan 2009 - 16:27
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QUOTE (Cargy @ Tue, 20 Jan 2009 - 10:43) *
QUOTE (glasgow_bhoy @ Mon, 19 Jan 2009 - 23:28) *
Would it hurt the CPS to offer an oppology???

Obvously yes coz they say there is no longer sufficient evidence- I get the impression they are implying that he was still doing that speed.


Yes, that's pretty much the CPS way; "We're infallible so If we win it's justice, and if we lose, the accused was guilty but got off on a technicality"


Check out the comments of "Argonaut" below this article on a certain recent motorist's victory



Yes to the CPS it only a small technicality that the car will not do the alleged speed...
Of course the speed gun could NEVER be wrong, cos it is a fact that they never make mistakes and that their perfect model citizen operators never make astronomical cockups either


I agree with sal park that they should have been forced to coninue with the case, as its a joke that it was not dropped in the first place when he pointed out he didnt have a good enough car to go this fast. I believe (as per one of the comments on the crappy tory paper there a link to) that the onus should definatly be on the scammeras and their accompaces to prove the case

Personally I dont think he will get the £1200 compensation easily- he definatly deserves a fair bit more than that- but the scum will put up a fight in trying not to pay out (in fact they will probably spend more £1200 arguing that they should not pay out)
In my opinion he should be getting back the £1200, plus his wasted time, milage added onto his car, petrol costs and any temporaraly increases in insurance, as well as compensation for emotional distress (I hate the excuse emotional distress coz i cant see how money will cure that- but I believe if the scammers had to pay this money to victims every time they mess up then they may be more careful in future)

Im sure Laura Bidding will be able to proove that he was going at this speed, of course sleep.gif
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Jasper Foxx
post Tue, 20 Jan 2009 - 23:24
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This was me by the way!!

http://forums.pepipoo.com/index.php?s=&...st&p=323286

That's my post to you guys,after getting passed around several times by the CPS and magistrates over the costs,I took the story to the Daily Mirror and exposed them in the end which is what you've picked up here!

as i've said on the topic above,I am more than happy to provide you guys the case file biggrin.gif
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glasgow_bhoy
post Tue, 20 Jan 2009 - 23:29
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So did u ever get a full written appology lol from the CPS??? Id be demanding one (still wouldnt get it lol)
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