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mick turate
I was on me motorcycle in Dorset (bournemouth) on a dual carriageway, gotGATSO'd they reckon I was doing 61 in a 50....I don't think so

So: Did PACE letter for NIP, reply immediately; 3 points and £60 if you'd like to accept....

I don't want to accept this, got 28 days to reply, any ideas?
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crystal
Hi,

Can you do the stuff in READ THIS FIRST so we have all the relervant information please.

It is pretty common for you to get a COFP after a pace (ie they ignore it and pretend you filled the NIP in). If you want to fight your case your probabaly best to do nothing until you receive the summons, if you dont want to fight pay it.

Regards
Crystal
mick turate
java script:emoticon(':Hangman:', 'smid_7')
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Help! wrote to the court asking for abeyance re self incrimination ECHR.
they say:
must attend to do this at the court: at bottom of letter says this case must proceed....

I've not asked for the evidence against me yet as i had hoped for the abeyance to go through/and wanted to push the case into the new year (07) its now been 7 months since the 'alleged offence' (summons arrived 2 days before end of 6months + 1 for COFP (bastards!!!)

I don't have a scanner so can't put details on here.
So i woill now attend court ask for abeyance until ECHR case result comes out, and if in case if thats thrown out;

good ideas/bad ideas?

I'm thinking i should write to the court (now) and ask that the civilian operator be present + training certificates
that they supply RTO for the road where scamera is
supply GATSO certification/manual
explain how why they think i'm guilty??? sad.gif
liverpool lass
Honestly, nobody can help you unless you post more details, you haven't even followed the advice Crystal gave you which would at least give us something !!
crystal
Hi,

Its best not to mix defences. Only ask for witness if you have a reason.

You dont ask for evidence it is sent to you after a not gulity plea with a list of stuff they are not using which you can request.

You really need to post the summons for real help. Either use a scannor a reasonable digital camera

Regards
Crystal
Mike P
Sorry, i dont know enough to advise you....

But just wanted to say great name laugh.gif
mick turate
According to the clerk of the court last week in XXXXXXXXXX Darset:

"All the prosecution have to show you is the photos"

now being a bear of small brain, I'm wondering why then the scamerati are also trying to introduce my PACE letter...! (already objected to, BTW)

the case was adjourned until april '07

I'd tried for an O'halloran objection but the wee pithy clerk suggested that that might take some time, great attitude on her, helpful, sympathetic, caring etc, oh and thats why I'm called mickturate tongue.gif

snippy bitch or what, are they all like this?
mick turate
I sent a letter to ******* court clerk in ******* county, asking for a continuance of the Abeyance adjournment that I turnedup & asked for last time I was there....they've said NO you must attend, case to continue....however, all evidence/information asked for has not arrived.

I'm convinced this is a 'lets dick him around' thing

so, does anybody know if I must attend to ask for an abeyance????

glare.gif

he who blinks first?
Rob S
What evidence have they served on you up to now?
mick turate
two photos black and two photos cleaned up....
+
affidavit to say that camera working ok ses scamera officer

I've objected to me PACE being used, saying that I wish to plead not guilty at some later point/want to see evidence before I can do that, however, wish to see result of O'Halloran judgement first.... ******** County (check spelling) insist I appear to make case-buthave already done this once...its an extension of abeyance...
Rob S
Have they included your PACE ws in the bundle?
mick turate
nope, didn't see it there
Rob S
That is very good news, because without the evidence of who was driving being served on you before the hearing, the evidence is inadmissible. But make sure you read up on it and go prepared because they will try anything to include it.
mick turate
I'm now due in yet another magistrates court, increasingly further away from my home-yet all within county.
So,
1) how long can they drag this out
2) refuse to give me any evidence except photos
3) is this an abuse of process?
4) where can I get T shirts printed 'fight the fight-Magistrates Tour 2006/20007'?

LOl
rolleyes.gif
mick
mick turate
So, I lost.

I went with a plea of abuse of process: 'CPS will not give me sufficient information/evidence for me to make a considered opinion of 'if i'd made a mistake of speeding' that 'I thought the cameras were not type approved for motorcycles and that I should receive ALL evidence to be used against me 7 days before a trial'
&
that I was unprepared to go ahead as I was not ready = no evidence yet given by CPS
&
I fought long and hard = one and half hours & that feckin clerk to the court fought me on everything:
PACE doesn't apply cos plod not involved.

I objected to my PACE letter being used and the clerk then sed it can be 'introduced into evidence' (its a four letter word I'm thinking of .....)
as
Self incrimination no longer valid after O'Halloran (tho' to be fair the Barrister for CPS sed the same)

I argued for abuse of process: evidence not given to me 7 days in advance-clerk ses 'they don't have to' they've given you everything they have to = photos and witless statement from the scamera people'

So I argued that I'd asked for the camera stuff/type approval/flash sequences etc etc to help me make a reasonable decision NG or G...

and oh BTW they last time you were in court the district judge sed 'CPS do not have to give you anything' and so 'thats binding' (I'm still thinking of that 4 letter word)

District Judge i ses? oh yes she ses, oh Shi*t I sed: I thought that was a stipendiary-oh no she ses (all snotty) the district judge always sits by himself (i'm so pleased that these bastids explain everything eh?)

so a district judge has now set precedent ???? that CPS do not have to give anything as evidence except photos & witless statements.

the witless from the scameras was interesting: i blah blah been working with plod blah blah since noah was caught speeding in the harbour....

i questioned him; have you checked the spacing for the lines on t'road? oh no ses e, that up to the county council that is.
he'd done a 1 day course on loading and unloading film and checking t'lines on a photo to see if they could fit folks up. thats it.

you must be aware of the issues with gatso's & m'cycles? 'oh no ses he. never heard of any problims at'all atall'
type approval? it ses all vehicles ses he....

still 3 points and £60 but costs.... the feckin costs...I argued em down by suggesting that this what CPS do-they use costs to punish a not guilty plea...and got a 200squid reduction.

they deliberated for 40 mins btw and sed as i had offered no evidence....i was guilty.

the barrister was a gent, tho' of course he tried the stitch up re costs & gave nothing, he argued law and i argued law back,

the clerk (i'm sure thats a 4 letter word-begins the same letter!) sided at EVERY opportunity with him, she gave me nothing 'i'm trying to help you' ses she' (thanks a bunch the next time i'm on fire pour more petrol on eh?)

the barrister did say i'd presented well; it were like doing me law exam agen, he sed-only he got paid this time methinks.

i did me best, the game is rigged and shi*t alive if i can be tried in the same county as the tolpuddle martyrs and not be off to australia, i'm ahead of the game, eh?

thanks all round to those who tried to help this (now poorer) country bumpkin, if i failed its cos I failed & the system is royall fu*cked

mickturate dry.gif
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