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FightBack Forums > Queries > Speeding and other Criminal Offences
camerashy
Last week I went past a hidden scameravan in the North of Scotland. It was at the end of a long steep and straight, downhill stretch on a dual carriageway. The van was hidden on a farm track and visible only once you passed it. I looked at my speedo and was doing around 77 (in a 70) and thought I was OK.
Now I know that they are in a Safety Partnership Area and should follow guidelines regarding visibility etc. and after research on the ABD site found out that this was not in compliance with the rules.
I therefore, that day, sent a strong letter of complaint into them stating the rough time I had passed, the approximate location and asking why they were not following Home Office guidelines, copied to others in accordance with the advice from the ABD.
A letter arrived 2 days later from the local police and I opened it to see my reply. Talk about shooting myself in the foot, it was an NIP for doing 81 on that road. Obviously I had been got a few hundred yards further up the road.
Now I was considering using the unsigned NIP route particularly after reading the advice and links on your excellent site. However if it got to court could this original letter be all they need to prove it was me and therefore negate the requirement for the NIP in the first place ?

Advice from anyone in the know would be appreciated.



Cheers



Camerashy
jeffreyarcher
Presumably you didn't quote your registration number on your letter of complaint?
IMO, they still need the returned NIP. The letter of complaint is no good on its own. Had it been in England, the letter of complaint may have added to the evidence that it was you who sent in the unsigned form.
However, post Y&M, the position in Scotland is unclear regarding 'confession' evidence. See this post for a summary.
If you do decide to go down the unsigned route, be prepared for the heavy squad. The only difference to that response is that I would not have said, "that I had already sent a completed NIP to NORTHERN CONSTABULARY and had nothing further to say about the matter," because that may confirm that he sent the unsigned NIP. Something like, "I have no comment to make" may be better.
camerashy
Jeffrey


Thanks for the info. However my worry is that although I didn't put my reg no. on the letter I said who I was , my address and the fact that I was driving there at about that time. The car is registered in my name and to my address so would a court not be able to put "2 and 2 together".

By the way has there been further progress on the link re Northern Constabulary that you directed me to

Cheers


Camerashy
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