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Roland Purcell
I was stopped the other day for travelling at 107 mph by a police officer on a marked motorbike. The officer gave a verbal NIP and caution. She explained an umarked police car had caught me on video, she appeared to be in radio contact with this car and obtained a speed of 88 mph from them after they reviewed the video. She asked to see my driving licence, which I provided and she returned to me. She completed a Fixed Penalty Notice, told me to sign it (which I did), gave me a copy and told me to take it and my driving licence to the nominated police station within seven days. I said nothing other than answer the specific questions asked of me.

The FPN has an error on it: the date of the offence is incorrect (it's in the future and I'm going to make sure I get independant witness of me and my car quite a long way from the location of the offence at the recorded date and time).

I have reason to believe that there was no unmarked police car and that, while they may have video, they had no method of reviewing it at the time.

Thanks for reading. Any suggestions?
jobo
if the fpn is posted dated you wont be able to produce your licience and accept the FPN any way, how far out was it

a few days , afew months
Gaza
QUOTE (Roland Purcell @ Mon, 29 Sep 2008 - 15:05) *
The FPN has an error on it: the date of the offence is incorrect (it's in the future and I'm going to make sure I get independant witness of me and my car quite a long way from the location of the offence at the recorded date and time).


The error on the FPN is of little use. If you decline the FPN and elect to go to court the officers notes will take precedence. The officer will stand up in court and state that she stopped you on dd/mm/yy and you identified yourself as Fred Bloggs of 21 Acacia Avenue, etc.

QUOTE (Roland Purcell @ Mon, 29 Sep 2008 - 15:05) *
I have reason to believe that there was no unmarked police car and that, while they may have video, they had no method of reviewing it at the time.


Who do think she was speaking to? Her Aunt Nellie? If they did have you on video they almost certainly have the means of playback. Why do you think otherwise?
jobo
if they issue a nip they useually dont take any notes

if she reaslises here mistake the notes will be out of sequence in here book

if she doent then the summons will be in the wrong date

days out on the date of the offence is well beyond the slip rule, which is for minor typos
Roland Purcell
Thanks for your comments.

The date is out by one day. My main query is does the slip rule cover the date of the offence or must it be accurate? I'm sure any notes, any video and the serial number on the FPN will accurately date the offence.

I have spoken to a friend who is in a position to know and they said there were no unmarked police cars operating in that area at that time. They said there was video recording equipment, but it could only be played back at the station. I'm not expecting this bit to be of any relevance, but I thought I'd mention it.

I guess my next step is to wait until near the deadline and take my licence to the police station. When I receive the full notice I'll see what date is on it.
jobo
i wouldnt put it past them to make up a fictional video to justfy a pull when they clearly havnt got any evidence.

if you go not guilty they will have to produce the video and the driver of the other car as evidence, theres some thing not right about her story

the video doent show your speed it shows theirs, and you can judge you speed by whether they are gaining holding steady or receiding

so if they followed you they would know what speed you were doing by the speedo , having to go back to station to play vid is just bollox

plus where did this 110 come from

id be tempted to call their bluff myself.




Gaza
In deciding whether to call their bluff or not remember that having your day in court will see the £60 and penalty points may increase as per the table below if the speed limit was 60 or below.

southpaw82
Be careful about asserting that there are "no notes". I used to process the FPN and write the notes when I was sat back in my (comfy, warm/air conditioned) car. My notes were usually on the reverse of my copy of the FPN but longer ones were in the note book.

I also wouldn't rely on any subsequent summons being wrong - unless she was having a totally off day the previous and next FPNs will have the right date, as will any notes made by the officers in the unmarked car (if it exists) along with the video stamp.
The Rookie
Withe the left hander on this, its unlikley the summons will be wrong, in which case the error on the FPN is very unlikley to offer reasonable doubt, and it will cost you a lot more (probably more points as well).

If you gamble and the summons is wrong, then you would have a good defence IMHO, although the error 'can' be corrected, IMHO it should not be as it changes the summons/defence materially.

Simon
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