Omega Owners Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

Welcome to OOF

Pages: 1 [2]  All   Go Down

Author Topic: stupid question but!  (Read 2529 times)

0 Members and 1 Guest are viewing this topic.

LC0112G

  • Omega Baron
  • *****
  • Online Online
  • 0
  • Posts: 2443
    • View Profile
Re: stupid question but!
« Reply #15 on: 23 November 2015, 10:59:53 »

..........
I seem to recall you're entitled to see the photo/proof of the 'crime', however, this can take blah blah days/months to occur...................

Chances are, if you ask for photo/proof they will offer to produce it in court, which is clearly not the route that most of us want.
However, if you ask for a photo/proof because you genuinely can't remember who was driving on that day, they are normally quite obliging.  ;) The photo proof doesn't take that long to arrive, and in any case, you are genuinely asking as you want the correct person to fill in the paperwork. :y
I realise that you wish to contest it but this method gets you the photo proof before it gets too messy.

^^^ Agree

You are not entitled to ANY 'evidence' at this stage. Assuming what you have received is a Notice of Intended prosecution (aka NIP) plus a Section 172, what they are asking for is basically "Who was Driving". The addressee must (repeat MUST) reply to this within 28 days, or you'll get done for S172 rather than speeding.

You may be able to get a photo in order to help identify the driver if you claim to be unsure who was driving at the time. They are under no obligation to supply it though, and they have even been known to invite you to attend a police station where you can view the photo (and incriminate yourself ::) ) None of this extends the 28 day S172 deadline. You must nominate who was driving within 28 days.

Once they know who was driving, they will either...

1) Send an offer of a speed awareness course (if you qualify). If you don't respond then they'll send a summons to court.
2) Send a conditional offer of a fixed penalty. This is an offer for a £100 fine and 3 points in exchange for you pleading guilty as charged at the first opportunity. If you don't respond then they'll send a summons to court.
3) Send a summons to court.

You will only get to see 'evidence' if you go to court and plead not guilty. If you want to do this on principle fine, but without some very good evidence of your own then be prepared to get shafted (big fine, costs and up to 6 points). The magistrates will have already heard every defence in the book so if you go in half cocked, expect a dicking.
Logged

Andy B

  • Get A Life!!
  • *****
  • Online Online
  • Gender: Male
  • Bury Lancs
  • Posts: 39481
    • ML350 TDM SmartRoadster
    • View Profile
Re: stupid question but!
« Reply #16 on: 23 November 2015, 11:14:41 »

...., expect a dicking.

is that a legal term  ;D
Logged

Entwood

  • Omega Queen
  • *****
  • Offline Offline
  • Gender: Male
  • North Wiltshire
  • Posts: 19566
  • My Old 3.2 V6 Elite (LPG)
    • Audi A6 Allroad 3.0 DTI
    • View Profile
Re: stupid question but!
« Reply #17 on: 23 November 2015, 11:17:25 »

Some authorities "publish" the photo's on a secure web site, details of how to view are given with the NIP/S172 documentation ... Wiltshire are one such authority .... don't ask how I know .. it should be fairly obvious !!!

 :'( :'(
Logged
Pages: 1 [2]  All   Go Up
 

Page created in 0.028 seconds with 21 queries.