Caught On Camera

PQuist · July 26, 2004

I have been flashes for sppeding.. Anyone knows how I can get away i.e any loop hole in the law etc?

Scorpion · July 26, 2004

Just becoz the camera flashed it doesn't mean you will get a ticket(hopefully)the ticket and fine MUST come within 2 weeks or its void.

tomstacey · July 26, 2004

Maybe try This site for help? It explains how some people got off speeding fines...

:)

Matthew_McNally · July 26, 2004

were you speeding?

amolkarnik · July 27, 2004

did you smile

lexi1 · July 27, 2004

50/50 chance on their being any film in the camera. As scorpion said if you do not receive notice within 14 days of being caught the notice is worthless. ALso depending on if anyone else is insured on your vehicle and type of picture i.e just number plate or full frontal including your face you could argue that you do not no if it was you or your partner/son etc driving. You could also go back to the scene with a chainsaw and steal the camera, although i probably wouldnt advise it.

mudzs · July 27, 2004

Wife got done about a year ago and we just mucked them around saying we did not know which one of us was driving ,this went on for a couple of months ,we then sent them a letter saying we thought the camera was faulty as we never speed etc etc ,have not heard a thing since so presume they have given up

Bazza · July 27, 2004

50/50 chance on their being any film in the camera. As scorpion said if you do not receive notice within 14 days of being caught the notice is worthless. ALso depending on if anyone else is insured on your vehicle and type of picture i.e just number plate or full frontal including your face you could argue that you do not no if it was you or your partner/son etc driving. You could also go back to the scene with a chainsaw and steal the camera, although i probably wouldnt advise it.

thought it was 28 days

Coullio · July 28, 2004

If it's a gatso it needs to flash twice. If it flashed once it just a warning.

Fargo · July 28, 2004

i thought it would be 28 days or so,.. but in any case why is it void if you recieve it over 28 days then..i dont think there is a time limit is there.

Rob · July 28, 2004

it is 14 days from the day the notice is posted, depending on what type of camera it is it may need to flash twice others only need to flash once.

Fargo · July 28, 2004

what is 14 days from the date of posting.. the allowed time for the notice to get to your address, then after that it is void..

Rob · July 28, 2004

as far as i am aware if the postmark is more than 14 days after the offence then the fine/penalty etc is void, but ill check that one in a bit.

EDIT: what he said below! :P

dipstick · July 28, 2004

The NIP must be SENT within 14 days of the offence. It's not relevant whether you actually get it in that time (otherwise you'd just say you didn't, wouldn't you!). If it gets lost in the post but they can show they sent it in the time, tough.

Scorpion · July 28, 2004

i thought it would be 28 days or so,.. but in any case why is it void if you recieve it over 28 days then..i dont think there is a time limit is there.

Nope...fraid not Paul i asked a copper direct and thats what he told me,because its all done digitally you must recieve it within 14 days of the offence.

lexi1 · July 28, 2004

14 days is definetaly right, i no this for fact, the only time it does not apply is if you were driving a company vehicle where there is more time allowed to establish who was driving.

michaelH · July 28, 2004

Road traffic law isn't really my thing (much happier dealing with theft, murder, terrorism, GBH, conspiracy, rape, etc) but I will have a go:

Notice of prosecution must indeed be served on the registered keeper within 14 days (Road Traffic Offenders Act 1988 s 1(1). It may be sent by first class post or recorded post. If correctly sent to the registered keeper's address by recorded post it is deemed ot have been served, even if it is returned unopened (eg because he has moved house but not told DVLA). In other cases, it is deemed to have been served in time unless the contrary is proved (Road Traffic Offenders Act 1988, s 1(3).

But there is more.

By section 2(3) "Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—

(a) that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or

(B) that the accused by his own conduct contributed to the failure

It seems that they will usually get you, one way or the other. There might perhaps be paralysing confusion where Wife says her husband was driving and he says, no, she was driving, but if the truth comes out someone might then end up being charged with perverting the course of justice.

I put up a post or reply to a post a few months back dealing with the 'unsigned form defence'. That doesn't seem to work any more, and probably never should have worked, because an unsigned form can still be an admissible confession.