Help!! Do You Think Im Banned!!!!!
- Thread starter Guest
- Start date
Guest
New member
There is a way of stalling the fixed penalty procedure but I'm not sure how effective it is. The police only have the right to insist on you telling them who was driving, but by then signing the form you are in effect confessing to driving.
What you can do is get someone to complete the form who can't be called to give evidence against you - your spouse or your solicitor. The person then writes a covering letter saying that you were probably driving but aren't available to complete the form. The police have the information they are entitled to ask for under the Police & Criminal Evidence Act but have no confession, and no one that they can call into court to give evidence that you were driving.
They might just drop it....
Nick
'72 2.4E
What you can do is get someone to complete the form who can't be called to give evidence against you - your spouse or your solicitor. The person then writes a covering letter saying that you were probably driving but aren't available to complete the form. The police have the information they are entitled to ask for under the Police & Criminal Evidence Act but have no confession, and no one that they can call into court to give evidence that you were driving.
They might just drop it....
Nick
'72 2.4E
Guest
New member
Im not sure , i think it will just get there back up more and may incurr more points. i have asked for the pic , just so coz i have the right and i want to see my car!, once they have sent this i will fill in my details and send it back , it was just that when i asked for the pic, it sounded like they didnt ahve one and in the end thye told me it would be 2 days max to arrive and as yet it hasnt, will keep u guys updated. many thanks.
thboxster
New member
Yes make sure the picture arrives. After all it could be someone with your plate on another car. If it hasn't arrived soon, keep hasstling them and take details of your contacts. You may find that it turns out that they don't actually have a good shot and they are really just going through the motions on the premise that alot of people will just admit, sign and return it,
Your doing nothing wrong by checking that their information is acurate.
Your doing nothing wrong by checking that their information is acurate.
Guest
New member
Had It with the damn Police !!!!
I called the for the Pic. they said i would have to write in - I did that - Nothing. I wrote in again ! Nothing ! - i then mailed them and asked for a response!! - Nothing. I then called them - and they said i would ahve to write in now and they would respond. I did this and received a mail back saiying call on this no. 0161 etc.
I called that no. the No. is no longer in use!!! - i called the office back and asked to spk to somebody higher up. the got onto the phone and i explained i wanted the picture - They gave the usual ' It wont be clear' - ' it may not identify the driver' etc.
i stood firm and told them its my right for the pic!! - They now say that i would have to spk directly with the officer who took the picture - and he can only be contacted before 8 am on a monday Morning !!!! and to call back !! - Thet just take the P..s !!! [
]
I dont even think thye have a picture![] I told them that i had 28 days to reply and that because they are messing about so much it may cause me a problem - they were not interested.
Had It with the damn red tape!!!!
I called the for the Pic. they said i would have to write in - I did that - Nothing. I wrote in again ! Nothing ! - i then mailed them and asked for a response!! - Nothing. I then called them - and they said i would ahve to write in now and they would respond. I did this and received a mail back saiying call on this no. 0161 etc.
I called that no. the No. is no longer in use!!! - i called the office back and asked to spk to somebody higher up. the got onto the phone and i explained i wanted the picture - They gave the usual ' It wont be clear' - ' it may not identify the driver' etc.
i stood firm and told them its my right for the pic!! - They now say that i would have to spk directly with the officer who took the picture - and he can only be contacted before 8 am on a monday Morning !!!! and to call back !! - Thet just take the P..s !!! [
]I dont even think thye have a picture![
] I told them that i had 28 days to reply and that because they are messing about so much it may cause me a problem - they were not interested.Had It with the damn red tape!!!!
My sister had an NIP in February, we wrote and asked for the pictures and heard nothing in reply. We still have heard nothing. I would consider writing and asking for pictures to help identify the driver enough of a response within the 28 days. If they cannot be bothered to reply then that might be the end of it. I think in many cases they cannot be bothered to chase 'the evidence' any more and just rely on most people not bothering to question it.
Tony
Tony
thboxster
New member
Well apart from being completely exhausted, I would say stick to your guns, but i'm not in your position.
Are there any legal minds reading, that could somment on statement for this of:
" I cannot confirm the driver of the vehicle in question. I have requested many times photographic evidence but the police force are unwilling to provide me with this information."
Are there any legal minds reading, that could somment on statement for this of:
" I cannot confirm the driver of the vehicle in question. I have requested many times photographic evidence but the police force are unwilling to provide me with this information."
Guest
New member
A work colleague recieved a NIP and the alleged offence in a borough of London coincided with his driving holiday in Scotland. He was able to prove, by way of a ferry ticket, that his car was on its way to the outer Hebrides. This goes to prove that the Police do make mistakes, but I wonder what sort of evidence might be acceptable if you were to say you and your car were not in the area at the time?
I'm tempted to open up a small petrol station in Scotland and sell post-dated petrol receipts with licence numbers printed on the them [8|].
I'm tempted to open up a small petrol station in Scotland and sell post-dated petrol receipts with licence numbers printed on the them [8|].
937carrera
New member
Sorry to hear about that Sam1. I suggest you take a look at the following sites.............
http://www.pepipoo.com/
www.abd.org.uk
http://www.speed-trap.co.uk/Home/Menu1.htm
http://www.pepipoo.com/
www.abd.org.uk
http://www.speed-trap.co.uk/Home/Menu1.htm
You are talking about two separate issues here. The request for a photo of the alleged incident is separate to you confirming the driver. Remember, you as the registered keeper of the vehicle, are liable if you cannot specify the name and details of the driver at the time of the alleged incident. You cannot link the request for a photo as an aid to help identify the driver. The photo will merely identify your vehicle, its registration plate and the speed you were going.
Taz
Guest
New member
A guy I know got a ticket for doing 87 in a 50. He wrote back saying that he was the driver but he was going away for a year traveling around Australia & New Zealand & would therefore be pretty much impossible to contact / appear in court etc.
This was actually true - he was going away.
They wrote back saying forget it....which got me wondering if he had hit on something there.....if they know you are going away for a long time with no fixed address & no way of contacting you they might feel its not worth the hassle of pursuing it.....??
Julian.
This was actually true - he was going away.
They wrote back saying forget it....which got me wondering if he had hit on something there.....if they know you are going away for a long time with no fixed address & no way of contacting you they might feel its not worth the hassle of pursuing it.....??
Julian.
Guest
New member
I seems that the issue of a defendant incriminating themselves, which is a no-no in British law, goes through a reversal when it comes to driving offences. ie, not saying who was driving (potentially incriminating yourself) is, in fact, and offence.
Neat how the legistrature/judiciary allowed that one through !
Still, old Tone and his cronies (the one that says just because we haven't found any WMD, doesn't mean that there aren't any, and I was right all along, so there !) is very down on cars/drivers, as we all know. Still, they don't normally drive.
Neat how the legistrature/judiciary allowed that one through !
Still, old Tone and his cronies (the one that says just because we haven't found any WMD, doesn't mean that there aren't any, and I was right all along, so there !) is very down on cars/drivers, as we all know. Still, they don't normally drive.
No. But they get driven, in bus lanes if there is too much traffic...
Helen Goff
No.1 Poster
any news yet?
Guest
New member
I hope that any letters you wrote were sent recorded delivery and that you have copies of them, that you have taken
a note of the time and date of any phone calls you made and who you spoke to, their rank and number.
If you have all this then I see no reason not to let it take its course and go to court with it. If you go to court and
you asked for the photo and you got nowhere then I cannot see how they can prosecute. You could prosecute
them for obstructing the law by not giving evidence.
a note of the time and date of any phone calls you made and who you spoke to, their rank and number.
If you have all this then I see no reason not to let it take its course and go to court with it. If you go to court and
you asked for the photo and you got nowhere then I cannot see how they can prosecute. You could prosecute
them for obstructing the law by not giving evidence.
Guest
New member
Hi Guys -
Juts to update you. The photo never arrived - even after weeks of pestering. I was there, it was my car , and i know i was speeding a bit so ' its a fair cop guv' - i sent off my details praying that they would not issue me with a ban.
I have just received the letter back - took them 2 days to send the letter back!!! - but no photo. They have offered me the 3 points and a fine - which is fair enough. So thats that.
Funny thing is that they will not give you the pic!!! no matter how much you ask for it. the 3 points was what i wanted rather than a court appearance and ban so i guess it could be worse. Be aware they are having a crack down on speeding. You can get the locations of where they are going to be from your respective police web sites.
thanks
Juts to update you. The photo never arrived - even after weeks of pestering. I was there, it was my car , and i know i was speeding a bit so ' its a fair cop guv' - i sent off my details praying that they would not issue me with a ban.
I have just received the letter back - took them 2 days to send the letter back!!! - but no photo. They have offered me the 3 points and a fine - which is fair enough. So thats that.
Funny thing is that they will not give you the pic!!! no matter how much you ask for it. the 3 points was what i wanted rather than a court appearance and ban so i guess it could be worse. Be aware they are having a crack down on speeding. You can get the locations of where they are going to be from your respective police web sites.
thanks
thboxster
New member
I guess that's some consolation and perhaps I hear a sigh of relief.
I am a regular on my local rozzer site, looking at the dates and locations of mobile cameras. In fact Northants do a "Current month per page" version, which I regularly print out. How sad am I.
Can I take it then that you'll have your eyes glued to the speedo in future [], and of course on the road.
I am a regular on my local rozzer site, looking at the dates and locations of mobile cameras. In fact Northants do a "Current month per page" version, which I regularly print out. How sad am I.
Can I take it then that you'll have your eyes glued to the speedo in future [
], and of course on the road.
Guest
New member
Christina Hamilton and whatsisname (her husband) were aquitted recently on a speeding charge because the claimed they could not remember who was driving at the time.
I think Manchester United used the same excuse when Alex Ferguson was accused.
I for one believe them, not least because of their experience in the libel courts!
I think Manchester United used the same excuse when Alex Ferguson was accused.
I for one believe them, not least because of their experience in the libel courts!
carrera4boy
Ex Club Member
Sam,
Wish i'd seen this post earlier! Shows how much i login its been on here a month.
My best mate has a Carrera 4 and has received 4 NIPs through the post in the past 2 years, one of which was 137mph in a 70mph. I saw this one.
HE STILL HAS A CLEAN LICENCE. Yes I know its perverting the course of justice, but i suppose life's a gamble. He just writes back stating that the person driving the car is his brother who lives in Australia. Provides all details of a fictitious address along with a polite letter saying he was over on holiday. Everytime, he receives a letter back saying they won't be taking it further. Apparently 95% of convictions go through smoothly with £60 and 3 points and they bin the awkward ones that require investigations.
Although i would rather have a clear concience and pay the fine.
By the way SAM. Tell your insurers you have 3 points, or your insurance could be void. Ive just been stung for £400 from Admiral after letting slip i have had 3 points for over a year. Just moved to Liverpool Victoria Insurance who don't take points into consideration and Ive saved £1200 per year on my Carrera!!
S []
Wish i'd seen this post earlier! Shows how much i login its been on here a month.
My best mate has a Carrera 4 and has received 4 NIPs through the post in the past 2 years, one of which was 137mph in a 70mph. I saw this one.
HE STILL HAS A CLEAN LICENCE. Yes I know its perverting the course of justice, but i suppose life's a gamble. He just writes back stating that the person driving the car is his brother who lives in Australia. Provides all details of a fictitious address along with a polite letter saying he was over on holiday. Everytime, he receives a letter back saying they won't be taking it further. Apparently 95% of convictions go through smoothly with £60 and 3 points and they bin the awkward ones that require investigations.
Although i would rather have a clear concience and pay the fine.
By the way SAM. Tell your insurers you have 3 points, or your insurance could be void. Ive just been stung for £400 from Admiral after letting slip i have had 3 points for over a year. Just moved to Liverpool Victoria Insurance who don't take points into consideration and Ive saved £1200 per year on my Carrera!!
S [
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