Omega Owners Forum

Chat Area => General Discussion Area => Topic started by: tunes on 25 January 2009, 18:43:08

Title: anyone good with legal advice??
Post by: tunes on 25 January 2009, 18:43:08: i got a speed camera ticket throught the other day

heres the question

i have heard it is a legal requirement to fill it out but not a requirement to sign it therefore ive complied with the law but it cant be used as is not signed

also have heard that the ticket is a proscution but if my record is clear then i must therefore be warned first not convicted

same as if u were caught doing something else then u would recieve a caution so therefore the ticket works the same way and the loophole in the law states i cannot be prosicuted but therefore must be warned first

anyone know any better or shine some light??

also pic only shows number plate so how do i know it was on me car???
Title: Re: anyone good with legal advice??
Post by: hotel21 on 25 January 2009, 18:54:48: Majority of info here...

http://www.pepipoo.com/

Lastly, if car is regd to you then you should know who was driving at a particular time/date? If a business, you should have a means in place to ascertain who is doing whatever with your property, be that a log book or system of line managers?
Title: Re: anyone good with legal advice??
Post by: TheBoy on 25 January 2009, 18:55:44: I guess the obvious question, was you speeding?

If you were speeding, the authorities have every right to prosecute and punish you however they see fit, and within the confines of the law.
Title: Re: anyone good with legal advice??
Post by: tunes on 25 January 2009, 19:33:08: yes but the law actually states that if my record is clear and ts afirst offence then i must be warned first

thats what im saying
Title: Re: anyone good with legal advice??
Post by: TheBoy on 25 January 2009, 19:35:12: Quote
yes but the law actually states that if my record is clear and ts afirst offence then i must be warned first
thats what im saying
Not convinced that is the case...
Title: Re: anyone good with legal advice??
Post by: hotel21 on 25 January 2009, 19:36:44: Quote
yes but the law actually states that if my record is clear and ts afirst offence then i must be warned first

thats what im saying
If the NIP (Notice of Intended Prosecution) is served on you, the registered owner of the vehicle within 14 days - check the pepipoo site for more exact info - then that is your 'warning', irrespective of your first or hundred and first offence...

If you have any doubts, conult paid legal assistance. Much better than a plethora of conjecture, best guesses or supposition from a web forum... :y
Title: Re: anyone good with legal advice??
Post by: Lazydocker on 25 January 2009, 20:09:11: Quote
yes but the law actually states that if my record is clear and ts afirst offence then i must be warned first

thats what im saying

Sorry, but if you were speeding (as you admit you were!) then you knew you were breaking the law. Take the punishment!! ::) ::) ::) ::)

Quote
the law actually states that if my record is clear and ts afirst offence then i must be warned first

Errm... Not to my knowledge. "Sorry I killed that bloke officer, but it's my first offence so I just need a warning" :o :o ::) ::)
Title: Re: anyone good with legal advice??
Post by: Jay w on 25 January 2009, 21:14:54: Quote
yes but the law actually states that if my record is clear and ts afirst offence then i must be warned first

thats what im saying

nope that is not the case.....

If you have received a NIP then that is it....intended prosecution.

If you were speeding and caught then there is little that can be done to avoid the fine and points
Title: Re: anyone good with legal advice??
Post by: Darth Loo-knee on 25 January 2009, 21:23:26: can't understand how you can think that you have a warning, the warning usually would be the 30mph sign or whatever before the camera :-?
Title: Re: anyone good with legal advice??
Post by: albitz on 25 January 2009, 21:27:08: Moral of the story,if you cant be good,be careful ;)
Title: Re: anyone good with legal advice??
Post by: hotel21 on 25 January 2009, 21:30:20: The warning the OP is looking for is probably along the lines of (in Scotland, anyway)....

"I must warn you that the circumstances surrounding your speed will be reported to the Procurator Fiscal at somewhere in Scotland for their consideration of a prosecution in terms of section 87(1) of the Road Traffic Regulation Act 1984 in that you drove xzxzx motorcar on xzxzxz at a speed of xzxz mph which is a 30 mph speed restricted road. I must caution you that you are not obliged to say anything but anything you say will be noted and may be used in evidence. Do you understand?? "

ps - we dont have PACE up here nor do we use the new fangled caution thats in Englandshire....

Chaps getting confuddled..... ;)
Title: Re: anyone good with legal advice??
Post by: Darth Loo-knee on 25 January 2009, 21:45:41: Quote
The warning the OP is looking for is probably along the lines of (in Scotland, anyway)....

"I must warn you that the circumstances surrounding your speed will be reported to the Procurator Fiscal at somewhere in Scotland for their consideration of a prosecution in terms of section 87(1) of the Road Traffic Regulation Act 1984 in that you drove xzxzx motorcar on xzxzxz at a speed of xzxz mph which is a 30 mph speed restricted road. I must caution you that you are not obliged to say anything but anything you say will be noted and may be used in evidence. Do you understand?? "

ps - we dont have PACE up here nor do we use the new fangled caution thats in Englandshire....

Chaps getting confuddled..... ;)

No, could you repeat it please osiffer ;D
Title: Re: anyone good with legal advice??
Post by: omegadti on 25 January 2009, 22:55:20: there are some solicitors out there who will defend camera tickets but the cost is prohibitive unless you are trying to keep a licence with loads of points on. If you have a clean licence it is cheaper to pay the fine. If you pm me I will give you the name of a solicitor who specialises and you can get a quote.
Title: Re: anyone good with legal advice??
Post by: Christian on 25 January 2009, 22:57:16: Speeding is Speeding Imo, ive done it got caught and paid the fines.

Everyone else should do the same :)

Theres no Legal advice about it mate as Speeding is against the Law :)
Title: Re: anyone good with legal advice??
Post by: Elite Pete on 25 January 2009, 23:10:01: Being totally honest about it, how many of you would if there was a loophole try and get out of the fine and points. I for one would
Title: Re: anyone good with legal advice??
Post by: Darth Loo-knee on 25 January 2009, 23:17:25: Quote
Being totally honest about it, how many of you would if there was a loophole try and get out of the fine and points. I for one would

[size=18]
Cheap skate, cheap skate, cheap skate, cheap skate ;D ;D ;D
[/b][/color][/size]
Title: Re: anyone good with legal advice??
Post by: Elite Pete on 25 January 2009, 23:24:57: Quote
Quote
Being totally honest about it, how many of you would if there was a loophole try and get out of the fine and points. I for one would

[size=18]
Cheap skate, cheap skate, cheap skate, cheap skate ;D ;D ;D
[/b][/color][/size]
Did that letter work about the disabled parking Mr Loo Knee :D
Title: Re: anyone good with legal advice??
Post by: Darth Loo-knee on 25 January 2009, 23:26:59: Quote
Quote
Quote
Being totally honest about it, how many of you would if there was a loophole try and get out of the fine and points. I for one would

[size=18]
Cheap skate, cheap skate, cheap skate, cheap skate ;D ;D ;D
[/b][/color][/size]
Did that letter work about the disabled parking Mr Loo Knee :D

What letter never sent a letter :P :P :P :P
Title: Re: anyone good with legal advice??
Post by: Elite Pete on 25 January 2009, 23:27:35: Quote
Quote
Quote
Quote
Being totally honest about it, how many of you would if there was a loophole try and get out of the fine and points. I for one would

[size=18]
Cheap skate, cheap skate, cheap skate, cheap skate ;D ;D ;D
[/b][/color][/size]
Did that letter work about the disabled parking Mr Loo Knee :D

What letter never sent a letter :P :P :P :P
;D ;D
Title: Re: anyone good with legal advice??
Post by: gavbriggs on 25 January 2009, 23:32:09: Quote
Being totally honest about it, how many of you would if there was a loophole try and get out of the fine and points. I for one would

i would if the ticket is not issued correctly then it is void, there are set ways the enforcers must observe. so if they have acted incorrectly then you have a case. i'm not condoning speeding but i do think our superiors should get it right everytime or face the consequences!!

how long was it before you recieved the NIP and the alleged offence? it should be within 14 days. was the letter registered post/signed for? if not then how do they know you got it?
Title: Re: anyone good with legal advice??
Post by: tmx on 25 January 2009, 23:54:48: not a good idea to mess them around the magistrates are all geared up for this and will make a show of you to put people off from trying the same thing!

our boss tried it at work for doing 60 odd in a 30 at night lol instead of getting 3 points and £60 he ended up with 6 points and £500 court costs!!!!!!!
Title: Re: anyone good with legal advice??
Post by: tunes on 26 January 2009, 03:27:46: well tbh he would of got that fine anyway as he was double the speed limit and that is 6 points and in some cases a ban

at end of the day i was doing 35 in a 30 that i was sure was a 40 but i was wrong and yes i will try to get out of it because i put enough money into the governments xmas party fund as it lol

and no the letter was served after 14 days
Title: Re: anyone good with legal advice??
Post by: dispondent 1 on 26 January 2009, 06:34:43: i heard that if you pay the fine with a cheque , say the fine £60 but you pay £61 with your cheque ,they will send you a cheque for a pound! but if you dont cash the returned cheque they cant point you as the financial part of it has not been completed? dont know if fact but worth a try :y
Title: Re: anyone good with legal advice??
Post by: TheBoy on 26 January 2009, 09:42:14: Quote
well tbh he would of got that fine anyway as he was double the speed limit and that is 6 points and in some cases a ban

at end of the day i was doing 35 in a 30 that i was sure was a 40 but i was wrong and yes i will try to get out of it because i put enough money into the governments xmas party fund as it lol

and no the letter was served after 14 days
If the NIP wasn't posted in time to reach the owner (as known by dvla) within 14 (working?) days, then there is a loophole you may use
Title: Re: anyone good with legal advice??
Post by: gavbriggs on 26 January 2009, 09:58:43: Quote
well tbh he would of got that fine anyway as he was double the speed limit and that is 6 points and in some cases a ban

at end of the day i was doing 35 in a 30 that i was sure was a 40 but i was wrong and yes i will try to get out of it because i put enough money into the governments xmas party fund as it lol

and no the letter was served after 14 days

the letter must be served within 14 days for it to be legal, if this is not the case write them a letter and state the fact. do not use the cheque for more money thing as they will prosecute you anyway! its well documented over the net and the powers that be are wise to it.

the relevant law is section 1 of the Road Traffic Offenders Act 1988.

the 14 day rule from: http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.htm

states

What is the 14 day rule?

The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that in the normal course of events, it should have arrived. In many cases, the registered keeper will be a lease company not the actual driver with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence.
Title: Re: anyone good with legal advice??
Post by: Entwood on 26 January 2009, 22:26:45: A document is deemed to have been "served" if sent by 1st class post 1 working day before the limit of time .... :)
Title: Re: anyone good with legal advice??
Post by: miggy on 26 January 2009, 22:35:32: Just take the points and fine, it will cost you to defend

We all go over the speed limit and the punishment is fines etc...........keep within the law and theres no problem.
Title: Re: anyone good with legal advice??
Post by: kris9128 on 26 January 2009, 22:35:46: just be a man, grow a pair. admit you did wrong take the punishment and learn from your mistake mate. you were speeding. end of.
Title: Re: anyone good with legal advice??
Post by: JamesV6CDX on 26 January 2009, 23:22:57: Take it on the chin ;)
Title: Re: anyone good with legal advice??
Post by: stuart30 on 27 January 2009, 00:29:26: Quote
Take it on the chin ;)

Yeah Freddie mercury did just that (often im told) and look what happened too that poor sod. ;D

As others have said just accept it and take it as a reminder too watch the speedo next time.
Title: Re: anyone good with legal advice??
Post by: JamesV6CDX on 27 January 2009, 01:47:01: Quote

Yeah Freddie mercury did just that (often im told) and look what happened too that poor sod. ;D

I give up with you Stu ;D ;D
Title: Re: anyone good with legal advice??
Post by: stuart30 on 27 January 2009, 04:25:04: Quote
Quote

Yeah Freddie mercury did just that (often im told) and look what happened too that poor sod. ;D

I give up with you Stu ;D ;D

Funny that even my doctor has.....my mum just says im special... ;D