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FightBack Forums > Queries > Speeding and other Criminal Offences
violator
First post on this excellent site.
My wife has just received a NIP from Cheshire Constabulary (38 in a 30, mobile laser trap).
"The allegation is supported by photographic/video evidence"
However both our cars are fitted with Target Laser Jammers, which have worked very effectively the last 3 times either of us were zapped. The Jammer went off at the time of the supposed speeding offence, so I know she couldn't have been zapped, but obviously she cannot admit this as the use of the jammer is illegal in itself. At the time she was driving in front of a colleague, and the colleague has not received a ticket, so I think they got a reading off the other car, but maybe couldn't get the number plate, so have sent it to us instead. I'm currently on 9 points (all motorway speeding, she is on 6 points, so we really don't need any more points if they can be avoided).
Should she request the supporting evidence, on the basis she can't remember who was driving?
We are prepared to go to court on this one as we are fed up with the bullyboy tactics being imposed on law abiding safe drivers - "take the FP or you have to go to court and it'll cost you a lot more"

What's the best thing to do?
Also the NIP is addressed to me as she was driving my car, so should I send it back naming her as the driver?
Cheers, Andy
uknational
I'm just an amateur here, but ive been reading for months. I think what the experts here will tell you is to fill in the NIP naming her as the driver, but wait till the last possible moment to send it back , and then when they NIP her, tell her to send back the PACE witness form also at the last possible moment, and then wait to see what happens.

Someone please correct me if im wrong.

You could also write asking for the video evidence, 'to assist in identifying the driver'.
Peter_D
Correct send the NIP back on day 26 by special delivery naming your wife, in the mean time get your wife to request the photos to help identify the driver as you both use the car, no not mention evidence, just a nice short polite letter. San and post the image here so we can see which car was really targetted and whether the alleged jamming pulses were detected or at least causing an error message. At present Laser jammers, below a certain power are not illegal but that is by the by. Regards Peter
Gaza
QUOTE (violator @ Wed, 24 Jan 2007 - 11:27) *
However both our cars are fitted with Target Laser Jammers, which have worked very effectively the last 3 times either of us were zapped. The Jammer went off at the time of the supposed speeding offence, so I know she couldn't have been zapped, but obviously she cannot admit this as the use of the jammer is illegal in itself.


Jammers are not 100% foolproof. The Blinder M20 is said to be the most effective and it only has a 97% jam rate - http://www.blinder.dk/uk/texas.htm

I would think very carefully before you post too much information as the Plod and Scamerships monitor these pages and you could find yourself with a 6:00am visit from Plod and a tow truck to remove your cars and test them for devices that are capable of "Perverting the Course of Justice". The law around their use at the moment is very vague, however, once the RTA act becomes law next month even having one fitted will be a 3 point and fine offense.
violator
Thanks for the replies.
Well I wasn't about to post my Reg or address, so if the feds can trace my car from the scant info posted on here then I'd be well impressed.
What's the advantage of sending everything back at the last minute?
uknational
Cos if there not on the ball they can miss legal deadlines for sending stuff back to you, and the whole thing 'times out'. You just making them run round like one armed decorators on the hope they make a cock up. Seems to work a lot of the time biggrin.gif
violator
Thanks everyone good tip
Gaza
QUOTE (violator @ Wed, 24 Jan 2007 - 12:31) *
What's the advantage of sending everything back at the last minute?


They have six months from the date of the offesne to lay charges of speeding and 6 months + 28 days for failing provide info required by the NiP. For example If you received the NiP 14 days after the offense, wait until Day 27 before sending the response by Royal Mail Special Delivery, they may take a week to sent a NiP to your wife who has a further 28 days to respond so whe waits until Day 27 before sending the PACE WS by RM Special Delivery. This will have eaten in to almost 3 months of the 6 months they have to lay charges.
ChoccieMuffin
One amendment to the suggestion made above re photos. I suggest you write a very polite letter requesting any photographic evidence to help you identify the driver, not your wife. If you do this towards the end of your 28 days, you may be able to get another week or so out of them and you will have something your wife will be able to use. You should then fill in the NIP naming your wife in the prescribed way. That way you may have won her some extra time and you will have some additional information that not everyone gets.
violator
So just to clarify, do I send the NIP back naming my wife (does this incriminate her?) and let her request photo or do I request photo and name her & her friend as possible drivers?
MartinHP71
Yes , Send the NIP back naming your wife as driver. It is not incriminating her and is discharging your requirement to name the driver under Section 172. As the people have suggested leave that to day 26 and send recorded delivery. (Remember to keep copies of everything)

Your wife will then in due course get a NIP addressed to her and she can then use the PACE route (use the waiting period to read up on this).

In the meantime as chocciemuffin has suggested you can politely ask for any photo's. Do not refer to them as evidence because you are not entitled to evidence unless you please NOT Guilty which is not the case at the moment.

Once you have got to that stage then post for additional advice.

One question which wasn't asked, did the NIP addressed to you turn up within 14 days of the offence ?
violator
Thanks for clarifying, yes it did, 3 days from offence unfortunately.
gasketman
On the point of buying time.........I'm in a similar position. My wife in my car. I waited 26 days and requested photos. This eventually took two letters but they sent the photos (despite their reply to my first letter threatening action within 7 days). Now we have the photos and they have also re-sent the NIP to me giving me another 28 days (from the date of the NIP which is now 23.1.07...alleged offence was 5.12.06). So I'll wait another 26 days before telling them it's my wife in the photo............then she gets NIP and does the same...........before we know it we've wasted nearly 4 months!!
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