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Hypothetical One, All characters are fictional
@lphaCat
post Fri, 18 May 2007 - 13:48
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First of all FANTASTIC forum very informative


Can one of the very big brains on this forum help with a hypothetical question.

If 'someone' were to receive a NIP for excess speed of say between 16 mph and 25 mph over the posted speed limit. If this purely imaginery person after fully utilising and reviewting this forum were to determine that their best course of action would be to complete a PACE ws 26 days after receipt of the NIP. In this hypothetical situation this non-existent person is fully aware that he may well have been driving when the alleged offence took place.

My hypothetical question is, given the above would my chap still have to plead not guitly to the charge of excess speed before he could obtain any evidence held against him? That is video or photographic evidence of speeding?

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post Fri, 18 May 2007 - 13:48
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nemo
post Fri, 18 May 2007 - 14:02
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Technically, the scammers are under no obligation to release any evidence until a summons has been served on a defendant and a plea has been entered.

However, let's say that Mr X receives a Notice of Intended Prosecution. Hypothetically, he could write to the scammers and ask for copies of any photographs which may assist with his identification of the driver. Ideally, Mr X would do this maybe 2 weeks into the 28 day response window. Also, Mr X's letter should be polite, to the point and should avoid use of the word 'evidence'.

But if Mr X were to send a PACE Witness Statement and THEN request copies of any photographs or evidence, I doubt that the scammers would be willing to forward any information whatsoever. On the face of it, there would be no point..

So, my advice to Mr X would be to send in a photo request before returning his (or her wink.gif ) s.172 response (be it PACE or otherwise)..
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@lphaCat
post Fri, 18 May 2007 - 14:04
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Spot on nemo

Thank you!
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Mozzer
post Fri, 18 May 2007 - 14:47
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So was it you driving then Cat or what laugh.gif
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@lphaCat
post Fri, 18 May 2007 - 14:56
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The events depicted in this movie are fictitious. Any similarity to any person living or dead is merely coincidental

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