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Author Topic: anyone good with legal advice??  (Read 2423 times)

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tunes

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anyone good with legal advice??
« 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???
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hotel21

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Re: anyone good with legal advice??
« Reply #1 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?
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TheBoy

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Re: anyone good with legal advice??
« Reply #2 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.
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tunes

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Re: anyone good with legal advice??
« Reply #3 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
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TheBoy

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Re: anyone good with legal advice??
« Reply #4 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...
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hotel21

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Re: anyone good with legal advice??
« Reply #5 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
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Lazydocker

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Re: anyone good with legal advice??
« Reply #6 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 ::) ::)
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Jay w

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Re: anyone good with legal advice??
« Reply #7 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

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Darth Loo-knee

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Re: anyone good with legal advice??
« Reply #8 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 :-?
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albitz

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Re: anyone good with legal advice??
« Reply #9 on: 25 January 2009, 21:27:08 »

Moral of the story,if you cant be good,be careful ;)
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hotel21

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Re: anyone good with legal advice??
« Reply #10 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.....   ;)
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Darth Loo-knee

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Re: anyone good with legal advice??
« Reply #11 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
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omegadti

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Re: anyone good with legal advice??
« Reply #12 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.
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Christian

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Re: anyone good with legal advice??
« Reply #13 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  :)
« Last Edit: 25 January 2009, 22:58:51 by Christian »
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Elite Pete

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Re: anyone good with legal advice??
« Reply #14 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
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