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Laser'ed to death, Am I really NICked
Sledger
post Fri, 31 Aug 2018 - 11:15
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From: CUMBRIA
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I folks I need advice. After 45 years of points free driving I had 2 speeders in 3 years, one at 3 miles and one at 4 miles over 30. That’s given me 6 points and I’ve just got another dubious notice of intended to prosecution for a 30 something in a 30-mile zone.

I am totally fed up and this time, I want/need to a fight it. I rang and was told that I was lasered from a mobile van, but if that’s true it was very well camouflaged. I suspect that it was actually from an unmarked car travelling behind me, but we will see?

I verbally questioned who was driving and asked for photos as ID and was asked to email. I then got a return email advising that the case was to be put on hold, then I heard nothing for 6 weeks. My assumption was something fishy had been afoot and I never expected to hear from them again.

Then today I received a seriously threatening letter for not returning the NIC. I rang and asked for an explanation and the ticket office admitted to an error (just about) and then they forwarded 3 photos (attached). I think that I am now supposed to fill in the nic?

I’m really suspicious as things don’t add up. I think my vehicle was passing that area about that time, but I cannot be sure if I was driving and the pictures don’t help me. I really do not believe that I was going above the limit but then it was a road that has always been 40 until recently when it changed to 30.

I feel like it’s time to become defiant, otherwise I will end up getting banned and given my restricted mobility that will make me housebound. I was injured as a result of active service fighting for a country that’s become so snarly and barely recognised to me anymore.

I wouldn’t mind but I barely get out of 3 gear most of the time these days yet you would think I was a boy racer with my points. Anyway, any help or ideas is very much appreciated. Me and my campaign medals feel like a day at court to speak to the fine people in the CPS.

Noteworthy Facts

1. As said did drive on that road that day (not necessarily at that time) but I was definitely not aware of being a laseed by the roadside. So, to me the photo speeds are strange in that I was leaving town and a 30-mile zone and heading towards a no speed limit. I would therefore have expected to see my speed increase and not decrease?

2. The nic arrived 2 weeks late as I had just moved home and I guess the new home owners opened the letter and provided my new address to police?

3. But most compelling - I was sent the ticket as the legal owner when in fact it is not certain that I was the legal owner. That is because, having owned that vehicle for 4 year’s, it just happens that I part exchanged it with a dealer for a new vehicle on the very day of the zap. At this stage I cannot recall what time the exchange took place, so I cannot say who owned vehicle? I could ring the dealer and ask if he has a better memory, but should I really take an action that may incriminate me?

What to do next (I know nothing!)

I was thinking to complete the form (although say what when I am genuinely unsure) but not sign it, then write a statement (as in PACE) outlining all of the above which absolutely the truth.

What do you good people think.

ps. not sure if my uploads have uploaded?

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southpaw82
post Sun, 2 Sep 2018 - 11:47
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QUOTE (The Rookie @ Sun, 2 Sep 2018 - 12:17) *
QUOTE (Sledger @ Sat, 1 Sep 2018 - 15:59) *
Actually I'm not sure you are right, or at least I hope you are not right ..... (as previously stated) As soon as I received the NIP I queried the driver and ask for the Photos and I received an email telling me that the case had been put on hold and I was told to do nothing. Surely that puts the 28 days on hold.

Nope, he’s right, your wrong and whether you asked for photos or not you still had a legal obligation to reply within the 28 days and if the police were vindictive they could summons you for that now and leave you with no defence at all. Fortunately they are not.

Which would open up an immediate abuse of process argument.


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post Sun, 2 Sep 2018 - 11:47
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NewJudge
post Sun, 2 Sep 2018 - 11:55
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I think The Rookie is right to point this out.

This offence must now be getting on for two months old. At some point it will be picked up and action taken regardless of any "on hold" reassurances you have been given. Such assurances will not last in definitely. Firstly, it is very unusual for such an undertaking to be made. Responding to the S172 request is obligatory regardless of any issues with the NIP or the offence. All the police have to have is a suspicion that an offence has been committed and the S172 request must be complied with. As well as that, there is a time limit of six months from the date of the allegation for court proceedings to be initiated. If you are to be offered a course of fixed penalty for the offence any such offer must be accepted and complied with well before that (usually by about four months from the allegation). If you prevaricate for too long no offers will be made and the matter will be heard in court (at considerably extra cost to you if you are convicted).

I think as a minimum you should respond satisfactorily to the S172 request (especially as it now seems you accept you were driving). This is not an admission of guilt to the underlying offence and does not prejudice any other challenges you might have with regard to the speeding offence itself.
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