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Summons!!!
matt1
post Thu, 28 Jul 2005 - 10:55
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Hi everyone,
I recieved a NIP some time ago from a mobile speed camera on the A1. I requested the photo evidence and a further enhancement, both of which r truly awful and show nothing more than a sunglare. I have no recolection of being there and i'm now a little more than suspicious as the car in the picture has different indicators to mine and a different colour grill, though this maybe the camera??? I replied simply stating "Based on the evidence you have provided I am unable to identify the driver"  Now they are taking me to court. I have no evidence as to my whereabouts at the time, I simply cant remember, but certainly not halfway up the A1!! I am innocent but how can I prove it?? Is it possible that my car has been cloned? if so is that any defence in court as I cant proove that either!! I'm quite stressed about this as I feel I am trapped in a situation I cant get out of as I can't say I was driving when I wasn't, but nobody else was either! Any help would be great. Thanks.
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post Thu, 28 Jul 2005 - 10:55
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andy_foster
post Thu, 28 Jul 2005 - 17:47
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It would help us to help you if you provided a little more information.
Firstly, what offence(s) is the summons actually for?


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Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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Insider
post Thu, 28 Jul 2005 - 18:26
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Infact Some really helpful chaps made a post just for you  icon_wink.gif
It's in the READ THIS FIRST STICKY  laugh.gif

If you CLICK HERE it will take you to the topic which should help  icon_wink.gif[/


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firefly
post Thu, 28 Jul 2005 - 18:49
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Mat,

In addition to what the chaps have posted, I think you're in good shape - providing you follow some fairly straightforward advice.

If you fancy shelling out a couple of bob, then become a member.  Once you do this you'll have access to a couple of threads which spell out your defence.  Basically, if you respond to a NIP with something along the lines of what you've already done, the prosecution will have to prove that it was your car that was involved in the alleged offence.  You could not have given them any more information with regards to who was driving: basically, because you don't have any (i.e. you feel it wasn't your car).


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firefly
post Fri, 29 Jul 2005 - 14:49
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QUOTE (matt1)
Recieved NIP(Bedford police) on 16th june 2005. date of offence 13th june 2005.
Offence:excess speed-50mph portable

at 13:01 on 13/06/05 recorded speed 65
at A1 Road north of A603 Junction Sandy
Contrary to: section S84(1) rtra 84

I WAS ISSUED WITH THE S172 WHICH I COULD NOT FILL OUT AS I WAS NOT THE DRIVER OF THE CAR IN QUESTION. I REQUESTED THE PHOTO WHICH WAS A FRONT SHOT OF A CAR THE SAME AS MINE BUT NOT POSSIBLE TO IDENTIFY THE DRIVER. I HAVE NO RECOLECTION OF BEING ANYWHERE NEAR THE A1 THAT DAY AS I WAS RETURNING HOME FROM MY ENGAGEMENT PARTY IN ESSEX AND I LIVE IN BOURNMOUTH!!
I HAVE SIMPLY REPLIED " BASED ON THE EVIDENCE YOU HAVE PROVIDED I AM UNABLE TO IDENTIFY THE DRIVER"

I HAVE NOW RECIEVED THE FOLLOWING:

DEAR SIR,
I WRITE REGARDS TO THE ABOVE REF NUMBER.

YOUR RESPONSE TO OUR NOTICE HAS BEEN RECIEVED AND IT IS NOTED THAT YOU ARE UNABLE TO PROVIDE THE NAME AND ADDRESS OF THE DRIVER AT THE TIME OF THE ALLEGED OFFENCE.
IN THIS CASE I HAVE TO INFORM YOU THAT THE MATTER WILL BE PLACED BEFORE A COURT.
NOTIFICATION WILL FOLLOW FROM THE CRIMINAL JUSTICE UNIT GIVING DETAILS OF THE TIME, DATE AND VENUE OF THE HEARING.
I AM SORRY I CANNOT HELP ANY FURTHER IN THIS MATTER.

CTO OFFICE BEDFORD POLICE.


I have studied the pictures further and apart from my not being on the A1 that day or any other to my memory, the car in the picture although almost identical has different colour indicators and grill?? possibly the poor photo quality or as i suspect a different car??? Unfortunately I have no proof other than my word that i wasn't on the A1 that day.
I currently have 3points for a red light offence and 3 points for speeding on dual carriage way(54mph!!!! on an empty road in perfect conditions)

What should I do its worrying me and my fiance as I dont know what will happen in court??? sad.gif


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