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tabster
Hi,
Need a little advice, I got caught doing 35mph in a 30mph zone a couple of months back. I used nip wizard and filled in a pace statement and sent it back with nip. Two months later I got a letter from Chief Constable referring me to the case of DPP v Francis, and bascially telling me pace does not apply in my case.
A couple of days later I got another letter offering me an alternative to a conditional offer fixed penalty, by attending a speed awareness scheme workshop which means my license does not get endorsed and I have to pay £73 for the privilege of attending.
If I ignore the offer and wait for court summons what will happen, can they take me to court without filled out nip? I work in the motor trade and I could do without the points on my license as it will make driving under company insurace invalid. Would it be better for me to just take them up on their offer of a speed awareness scheme and keep my license clean? Please help!

Below is a copy of the letter they sent me:



Dear sir
I refer to the notice of intended prosecutionsection 172 road traffic act 1988 form sent to you recently in relation to an alleged tarffic offence.
I have read your letter regarding the lack of caution under code c paragraph 10.1 of the police and criminal evidence act 1984 (mawdesley c CC of cheshire (2004) 1 all e.r.58)
I would however draw your attention to the case of dpp v francis where the appeal judges agreed that code C of pace did not apply as there is an exemption within paragraph 10.1 of code c. It states within the paragraph that a person need not be cautioned if questions are for other necessary purposes eg.

a) Solely to establish their identity or ownership of any vehicle
b) to obtain information in accordance with any statutory requirement, see paragraph 10.9

I therefore reject your suggestion that you should have been cautioned before completing the driver/keeper statement.
In view of the fact you have confirmed that you were the driver of the vehicle at the time of the alleged offence I have arranged for a conditional offer of a fixed penalty to be sent out to you under seperate cover

Yours faithfully

Chief Constable
andy_foster
The only certain way to avoid points is to take the course.
tabster
Thanks Andy
How can I view pictures of me speeding online? and where do I get pin?
andy_foster
QUOTE (tabster @ Wed, 15 Nov 2006 - 21:27) *
Thanks Andy
How can I view pictures of me speeding online? and where do I get pin?


Ehhh?

If the scameraship that caught you allegedly speeding provide that facility, they would usually provide instructions, PIN, etc. with the NIP.
tabster
There was nothing about it on my nip so I will assume the facility is not avalible for this camera.
Falcon_II
When I got my NIP I typed in the number printed on the NIP and then there was a number on the bottom right of the NIP which was my PIN. If i hadnt been checking for northumbria website and speed awarness sites I would not have knowen about it. Always take copys. I hope they offer me the speed awarness course. I could do with seeing what happens there. and its going to be better then the courts and trying to prove that i wasnt speeding.
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