NIP for speeding

[DARKO]

This is posted on behalf of a very pi$$ed off friend

Please Help!, Ive had a NIP, and have replied by asking the police (Cambridgeshire Constabulary)to provide the forward facing photo so that I can identify the driver at the time. This vehicle was hired and I have several employees working for me, who could of been driving. The Police have since written back and I quote

"The Justices Clerk Society reviewed the need to serve a copy of a photograph and concluded there was no requirement.
However whilst the purpose of the photograph is to identify the vehicle we except there may be occasions where it may assist the registered keeper to identify the vehicle user. To this end, we do invite keepers or nominated drivers to view the film at our office, but in accordance with force policy we are unable and are not required to provide individual photographs.
Should the court in relation to a safety camera offence receive a not guilty plea, all evidence will be disclosed to the defence before any trial. The video evidence is front facing and may assist with the identification of the driver.


P.s, I live in Lincolnshire, so having to travel to see the evidence at one of Cambridgeshires many Police Stations is difficult.

How can they expect me plea when i havent, and cant see the evidence?

 

[telford_mike]

THey dont have to prove who was driving. The burden of proof is on the registered keeper of the car to prove that he wasnt.

If you do nothing, youre guilty.

 

[DARKO]

Few more details. It was actually a hire van, so anyone couldve been driving.

Innocent till proven guilty? or does this not apply in the cambridge constabulary.

Can the police withhold the evidence like this, or is it the fact its a $hite pic and theyre hoping hell just admit it?

 

[telford_mike]

Most constabularies will only produce the evidence if the person who receives the NIP elects to go to court rather than pay a fixed penalty. Paying the fixed penalty is a chance to get away with a lower fine in exchange for saving the police all the trouble of producing the photo. Trouble is, for most people, its the points that are the problem, not the fine.

No-win situation therefore. Pay the fixed penalty and get £60 and points, or ask to see the evidence (which involves declining the fixed penalty and going to court).

If he rented the vehicle in his name, he should make sure he knows who is driving at all times. Just as you would if it was your own car. Otherwise thered be a massive loophole in the scheme which would enable people driving cars rented by their employers to get away with loads of NIPs.

Why doesnt he just ask his several employees who was driving? Then he can write their name on the NIP and theyll get the grief instead of him.

 

[silvercup182]

Hmmmm. as of march last year based on European law if you send back a letter saying I decline to answer in case I incriminate myself (based on some human rights s**t) they will be unable to prosecute...... (Im not sure if that is the exact wording?? speak to you solicitor..... ask him to find out.... try to google it? it was in the news last year but was hushed up!!) Oh yea the first successful case was in Scotland cos they had an earlier implementation date than us!

 

[MikeC]

http://www.pepipoo.comwww.pepipoo.com

 

[Lee]

I managed to get photo evidence well before it was decided I was going to court. In fact I wrote back a second time requesting the video footage to get it checked by an third party. Once again they sent me the photographs.

If you want video/photo evidence you need to fill out the NIP and then request the evidence.

Just pay, its not worth disputing unless you think you stand a chance, I got fined £100 due to me taking it further.

 

[cliopower]

depends if he can afford the points or fine. If hes sure he didnt speed through a camera then ask for the pictures to be sent to a local police station and look at them there. If he thinks it could have been him, then maybe it will be cheaper for him to take it on the chin.

 

[Snufty]

My mate dom when he had his old valver had a car right on his rear bumper so he could hardly see the headlights and he then booted it off the next roundabout to 50mph in a 40 blue lights then come on it was the police in there red undercover honda acord type R. He taken this to court rather than pay the fine and ended up with 5 points on his license and had to pay the fine plus court charges

 

[welsh182]

Back in 2001, my wife had a company car which only her and I used. She received a NIP from a rear facing camera. We requested the photo which was supplied no problem but it was obviously of the back of the car. I wrote three letters on her behalf stating that we had no record of the driver. They replied on each occasion to say that it was her responsibility and she must provide a name.

The last letter I wrote stated something along the lines of -

"As I do not have a record of the driver at the time, the only name I could give you would be my own. However, I believe that I am being forced to admit to an offence which I may not have commited"

They let her off, but stated that in future if anyone was using the car to keep a note of it - Result!!

 

[Floyd]

Speedtrapbible

F