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ctm1096
hi folks

as a new user of this forum i would like any advice possible on this one please.
i was detected doing 84mph on an A road part of which is dualled for overtaking in the direction i was travelling during the 1st week of feb 2010.
i was overtaking a couple of slower cars so i am not debateing the 60mph limit or speed i was travelling, however my query is,
the police were sitting in an unmarked van 'on a piece of private land/laneway'
i have heard of people getting off in the past because they were not on public ground?
the other point is my car is registered to my old home address where my {ex} wife lives, and as we have gone our separate ways since late last year,
does she have a duty to return the NIP to them saying i no longer live there, or what is the best course of action
all details on the NIP appears to be correct and only the private land issue or the fact that i have not lived at the registered address since mid september 2009 may be of any use here?
your thoughts please!
Grant_W
Read your V5 about the duty to inform of any change of address, £1000 fine I think for not doing so.

If you wife retuns it I am sure a PNC report will result and you'll be subject to an ANPR stop.

How do you know the land is private?
I'd guess the only hope there is for you to prove they were on in unlawfully.
jobo
take no notice the actual fine is about 50 quid any way The v5 has to have a contact address for you, you dont have to actually live there, but there is your problem, no she has no no obligation to open it and or return it , what is she doing with the rest of your mail, binning it ?

and how are you so certain you have been caught

you could have put a postal redirect on the address, but they may have all ready sent it, if its coming at all

so get the log book changed asap and either

talk to your ex
or if thats not going to work ring up the scammers for the area and explain you have recently moved out ( domestic problems) and are worried that you have been caught and ask if there is any thing in your name, they wont actually tell you if there is, but will prob tell you if there isnt

if you ignore it, it will catch up with you eventually with the probability of greater points than you would have got ?

there are no valid defences based on where they were parked



southpaw82
QUOTE (Grant_W @ Sun, 14 Feb 2010 - 13:48) *
How do you know the land is private?
I'd guess the only hope there is for you to prove they were on in unlawfully.


Stop talking rubbish. Even if the police were trespassing at the time it does not invalidate the evidence obtained against a third party who was on a public highway at the time.
ctm1096
i received the NIP 8 days after the event, as in my first messasge, 'all details on the NIP appears to be correct'
so the only option here is to go to court or send my legal rep, and take it on the chin?
no other avenues to go down???
BaggieBoy


You are at the top end for a CoFP of £60 and 3 points. So no court appearance may be necessary.
Sangamoura
QUOTE (southpaw82 @ Mon, 15 Feb 2010 - 05:13) *
Stop talking rubbish. Even if the police were trespassing at the time it does not invalidate the evidence obtained against a third party who was on a public highway at the time.
Hmm, my OH got a NIP complete with photo for doing 40 in a 30 (accelerated a bit too soon exiting the 30 zone).

She was certain she hadn't seen a scamera van, they were often in the area in well known spots, so I went to where the photo was taken from and I discovered that it was actually behind some trees on what was the front garden of a private house. Before I had a chance to look into the legality of this she received a letter saying that due to "site irregularites" no further action was being taken.
southpaw82
Nevertheless, there is nothing in law preventing them from using the evidence obtained - so advising people to contest the matter on these grounds alone can easily result in one very unhappy defendant. One-off personal experiences should not be used as the basis of advice in general.
redloner
This is how my local SCP deals with the question of how the vans are parked;-

QUOTE
Q. I was caught speeding by a mobile camera van that was parked on a grass verge. Is that legal?

It is illegal for the majority of vehicles to park on pavements or grass verges.

However, the Highways Authority and Staffordshire Police have granted Staffordshire Safer Roads Partnership special dispensation to park on any part of the highway (which includes pavements and grass verges) for the purpose of enforcing traffic offences.
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