Help - Search - Members - Calendar
Full Version: Desperate for advice
FightBack Forums > Queries > Speeding and other Criminal Offences
MayB2Late
I received and completed my NIP before finding this Forum.

I then received my COFP and wrote to the CoP requesting details of the equipment used to record the claimed speed of 40mph in a 30mph area. The reply, from the CPU, noted the comments made but states that only "once proceedings have commenced, you will be entitled to full information relevant to the offence. This will be supplied following a plea of not guilty."

I had hoped to get sight of their evidence before having to plead, but I now have to decide on accepting a Conditional Offer of £60 fine and 3 Penalty Points, or pleading not guilty and requesting a court hearing. My COFP form must be returned by Thursday 22 March, so I need to decide NOW!

Without seeing evidence I have no way of confirming my speed, but I am amazed at the allegation. I was driving in traffic, in no hurry whatsoever, when suddenly the car in front of me pulled over to overtake a parked vehicle in a rather narrow busy roadway. My first reaction was - that vehicle was badly parked, but then facing directly at me (as I too pulled out to overtake it) was a huge 'camera lense' pointing out of the open back of the parked vehicle - what seemed to be a unmarked white van - with an operator squatting in the back behind the 'camera'.

I saw no warning of Speed Camera's on the road, and the 'charge' simply refers to "Mobile". It could be that as I pulled out to overtake I may have been over 30 - but I honestly don't know. I've had a clean-sheet in driving for more than 50-years, so I am quite annoyed and dismayed.

Is it worth my while taking it to court, or do I just take it in the chin and pay-up?

All comments and advice will be very gratefully received. Thanks!
roythebus
Fight the b'stards all the way. Follow the instructions above, where it says "read this first", complete the PACE wizard and you get an answer. Simple.
MayB2Late
But as I have already confirmed I was driving at the time of the alleged offence, is PACE still relevant?
I have to admit being rather confused by the PACE procedure.

Cheers
MayB2Late
If I plead not guilty, will I then receive sight of all the evidence before any 'trial' is held, and if then convinced have the opportunity to change my plea - or to plead mitigating circumstances?

My main concern is finding myself with an impossible case to defend and maybe being charged a high cost in both fines and points - how likely is that?

Cheers
MayB2Late
Can anyone here please help with the questions I have raised above - I'm getting desperate!

If I go to court my hope would be that the conditions for accurately monitoring my speed, in the circumstances of rather heavy traffic and a very short time of stright-line exposure to the camera before I turned out to overtake the badly-parked van in which it was located, rendered the readings at least suspect, and that possibly other conditions may not have been fully met - especially in that the camera seemed to have been operated not by the Police but probably by contractors.

Has anyone here experience of challenging a charge under similar circumstances?
kinell
Pleading not guilty is the only way you'll get the evidence. You must press for disclosure of the video including pre and post session checks, but expect to have to put up a fight as they're not keen to give them out (wonder why...)
MayB2Late
Thanks for that Kinell, I'm rapidly reaching the same conclusion and though reluctant I have 90% decided now to go that route. In clear-cut cases I can see the point of trying to save unnecessary expense by offering a Fixed Penalty Solution, but the 'shady' methods used at times to catch-out unsuspecting motorists who in many cases are driving in a perfectly safe and responsible manner certainly doesn't paint a very warm and humane picture of our Police Force does it?
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.