Can i be FOOKED for this??????????
Thread Starter
Too many posts.. I need a life!!
Joined: Sep 2005
Posts: 673
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From: barnsley, south yorkshire
here goes, i recieved a NIP regarding me speeding on my motorbike,, 60 in a 30mph..
i sent back the NIP saying it WAS me driving..fair dooooss
today i recieved a court summons.. along with the court summons its got evidence of the alleged vehicle speeding.. ( my bike )
ok i read through it all.. then when i got to the back of the pages, there was a photograph of the offence.. BUT its from the front of the bike!!! no registration mark or anything!!! just the front of the bike .. it was me yeah but how can they prove it was me?? the photo was taken from the front.. obviously the police offecer must have read out my plate as i passed.. but with this been the only evidence could i get away with it??
i sent back the NIP saying it WAS me driving..fair dooooss
today i recieved a court summons.. along with the court summons its got evidence of the alleged vehicle speeding.. ( my bike )
ok i read through it all.. then when i got to the back of the pages, there was a photograph of the offence.. BUT its from the front of the bike!!! no registration mark or anything!!! just the front of the bike .. it was me yeah but how can they prove it was me?? the photo was taken from the front.. obviously the police offecer must have read out my plate as i passed.. but with this been the only evidence could i get away with it??
IIRC, If your bike is datatagged they can read that as it is unique to your bike. there is also another security tag which is to prevent stolen panels being sold on that they can read but I can't recall the name of it.
Debs
Debs
You apply under the ADVANCE DISCLOSURE RULES, which state that the oppositioin CPS/POLICE, have to furnish you with all and any evidence that is to be used in court.
If they do not produce an index number then it wil be thrown out as piccies of "some" bike are NOT EVIDENCE, beyond reasonable doubt.
You also want to write to the police/cps pointing out that they have breached P.A.C.E, the polce and criminal evidence act, as you were not CAUTIONED BEFORE BEING ASKED TO COMMENT, this will also get it thrown out they will not go ahead.
You have an indisputable right to be cautioned BEFORE BEING ASKED TO COMMENT, any evidence gained without caution will not be accepted as PRIMA FASCIA EVIDENCE.
tabetha
If they do not produce an index number then it wil be thrown out as piccies of "some" bike are NOT EVIDENCE, beyond reasonable doubt.
You also want to write to the police/cps pointing out that they have breached P.A.C.E, the polce and criminal evidence act, as you were not CAUTIONED BEFORE BEING ASKED TO COMMENT, this will also get it thrown out they will not go ahead.
You have an indisputable right to be cautioned BEFORE BEING ASKED TO COMMENT, any evidence gained without caution will not be accepted as PRIMA FASCIA EVIDENCE.
tabetha
no license no fine, could be a thousand bikes passin that camera the same i wont admit it i think speed cameras are a pain in the arse its just a way to make more money out of people.
i got a parkin ticket the other day for feeding the meter it was a maximum of 2 hrs parking but i thought i would only be half hour so stuck a quid in and got 50 mins, realized i had to do something else so got another quid 50 mins ticket and stuck it in the window but forgot to remove the other ticket.
surley thats noty feeding the meter if you dont exied the maximum staying time so i say fu,k em if you can get away with it good luck
i got a parkin ticket the other day for feeding the meter it was a maximum of 2 hrs parking but i thought i would only be half hour so stuck a quid in and got 50 mins, realized i had to do something else so got another quid 50 mins ticket and stuck it in the window but forgot to remove the other ticket.
surley thats noty feeding the meter if you dont exied the maximum staying time so i say fu,k em if you can get away with it good luck
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Admitting 'it was you' isn't enough without evidence...
As Tabetha said, it's up to them to prove beyond a reasonable doubt that YOU were riding YOUR bike, and that upon your request you should be able to obtain a copy of any evidence that could prove/disprove your innocence.
You can also ask for a copy of the most recent calibration records for the camera that took the picture - they're supposed to be calibrated quite regularly, and if that camera's not been recorded to have been calibrated recently enough, its pictures can't be used as evidence because they could be innaccurate.
As Tabetha said, it's up to them to prove beyond a reasonable doubt that YOU were riding YOUR bike, and that upon your request you should be able to obtain a copy of any evidence that could prove/disprove your innocence.
You can also ask for a copy of the most recent calibration records for the camera that took the picture - they're supposed to be calibrated quite regularly, and if that camera's not been recorded to have been calibrated recently enough, its pictures can't be used as evidence because they could be innaccurate.
Thread Starter
Too many posts.. I need a life!!
Joined: Sep 2005
Posts: 673
Likes: 0
From: barnsley, south yorkshire
ive got the evidece from them.. its a picture of the front of the bike!! can see who it is and can only just make it out.. also in his statment it says..
" that was in excess of that permissible for the road, namely 30mph. By using information available to me i was able to identify the vehicle registration mark to be MY REG".
ok where i have put the "information" in bold, it said "equipment" but has been crossed out and replace with the word "information".
so if he has the information to prove its my reg number.. he should either have a photo or a witness statement he can show in court.. but in his evidence he's shown me there's only a photo of my bike from the front!
no witness statement or other photo showing my reg number, only my word against his..
" that was in excess of that permissible for the road, namely 30mph. By using information available to me i was able to identify the vehicle registration mark to be MY REG".
ok where i have put the "information" in bold, it said "equipment" but has been crossed out and replace with the word "information".
so if he has the information to prove its my reg number.. he should either have a photo or a witness statement he can show in court.. but in his evidence he's shown me there's only a photo of my bike from the front!
no witness statement or other photo showing my reg number, only my word against his..
Originally Posted by davsmith64
ok where i have put the "information" in bold, it said "equipment" but has been crossed out and replace with the word "information".
so if he has the information to prove its my reg number.. he should either have a photo or a witness statement he can show in court.. but in his evidence he's shown me there's only a photo of my bike from the front!
no witness statement or other photo showing my reg number, only my word against his..
no witness statement or other photo showing my reg number, only my word against his..
I had something similar with my car 81 in a 70,but with a laser gun, so no picture.
Didnt get my reg (no front plate
) so they must of either got it as i drove past or later in the evening.
Went to court monday, came home with some more points on my lisence
Didnt get my reg (no front plate
Went to court monday, came home with some more points on my lisence
Fact is that 95% of the time you aint going to get away with it and going to court and saying "i wasn't riding/driving,that aint my car/bike will just make matters worse
who do you really think the court is going to listen to you or the copper
who do you really think the court is going to listen to you or the copper
A mate of mine was 'caught' running a red and doing 53 in a 30, had no evidence, no video, no pictures, his word against the coppers, 5points and Ł250 fine. And apparently he was doing 53 for about 2niles down a road, at 4.30pm on a main road, when there is normally rush hr traffic!
i got pulled after trying to get away in my old 950 fiesta, i said i didnt see or here the police sirens, they basically said ok but i got a fuked for a tiny amount of hash i had in the car
they will get u one way or another
they will get u one way or another
They are all pricks i got pulled over just now cos i only had sidelights on.
He gets out the car n says ive pulled you cos you've got no lights on, so i walk to the front and have a stare at the headlights lit up and then give him a dodgy look
said he was concerned someone may hit me
I was half tempted to say yer and u did a fucking illegal "u-ey" in the road back there en all but i couldnt give a toss if someone hit you?!
Pricks
He gets out the car n says ive pulled you cos you've got no lights on, so i walk to the front and have a stare at the headlights lit up and then give him a dodgy look
said he was concerned someone may hit meI was half tempted to say yer and u did a fucking illegal "u-ey" in the road back there en all but i couldnt give a toss if someone hit you?!
Pricks
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