The UK Speedtrap Guide runs the forum UK Traffic
Law and two very good comments have appeared in this forum regarding
fighting a speeding ticket. You may want to try one of the following.
However as we say above speak to a solicitor as well regarding
any of your actions.
This correspondence is published as an advisory document only
The UK Speedtrap Guide will not accept any liability for any
action or subsequent consequences taken by any person as a result
of acting upon this advice.
The following is from Adrian Shurmer of "Driver Awareness
Ltd"
Adrian suggests that a fixed penalty speeding ticket amounts
to "demanding money with menaces".
Thousands of people have recently been issued a Notice of Intended
Prosecution (NIP) for an alleged minor speeding offence.
Where the NIP states that the speed limit was allegedly exceeded,
the following advice is given as a procedure to adopt.
Procedure
Company Owned Vehicle
· Company receives a demand for information on the driver
of a vehicle at a time, date and place as stated on the form.
At this stage the form asks for details of the driver of the
vehicle.
This form must be completed by the company, not the driver,
and returned to the sender.
All Vehicles
· Driver receives Notice of Intended Prosecution.
The driver must complete all relevant sections on the form
and return it to the sender.
· The driver may later receive a fixed penalty ticket
accompanied by a 'Conditional Offer' to pay a fixed penalty
fine and/or attend a 'Speed Awareness Course' in place of penalty
points.
The driver writes a letter to the authority requesting evidence
concerning the alleged offence, e.g. copy photograph, certificate
of compliance for the camera (if appropriate) and a copy of
the Police Officer's statement - as required for lawful and
necessary corroboration
- if a mobile camera is involved.
· The driver may then receive a letter stating that
the request is denied - stating words to the effect that photographic
evidence can only be seen when a decision is made to prosecute
and summons the driver to appear before a Court. This letter
should also detail a denial for the other items of evidence,
but often fails to mention them.
It is only at this stage that the alleged driver should consider
sending to the authority, the letter as shown below.
· It is advisable that all correspondence be delivered
via Recorded Delivery.
Dear Sirs,
I acknowledge receipt of your letter dated……….in
which you allege that I have committed a speeding offence. That
letter does not provide, or offer to provide, any evidence that
I have indeed committed such an offence.
I regard your allegation with the utmost concern as I am
being asked to make a very important decision which could very
seriously affect my future quality of life.
I shall be grateful therefore if you will advise me where,
in law, does it state or allow for evidence against a suspect
to be deliberately withheld following, or during, the process
of an official demand for the payment of money (in this case
a £60.00 fixed penalty (or) £95.00 for a 'Speed
Awareness Course'.
Further, whereby failure to pay that money on demand will
expose the person suspected of that offence to a possible fine
of up to £1000.00 (plus costs) at a Magistrates' Court,
an amount that is in excess of 16 times (or 11 times) (respectively)
the amount of money previously demanded.
This, in my view, could potentially be a criminal offence
in itself, the offence of demanding money with menaces. It is
also arguably a breach of my human rights in that I am being
subjected to unreasonable and possibly unlawful pressure by
being placed into a 'pay us now and save yourself harassment
later' position.
I am entitled, in law, to all and any evidence that I have
committed the offence complained of before I pay any money to
you - not just at Court, but as soon as you issue me with a
fixed penalty (or offer me a speed awareness course).
I look forward to your response.
Yours faithfully
………………….
Further information: It is advised that all threats received
after this letter is sent, be ignored - a letter will probably
be received with words to the effect, "we are complying
with the regulations so pay up within seven days or a court
case will be prepared" etc…..
To date, there have been no prosecutions of any alleged
(minor speeding) offender who has compiled and sent a letter
similar to the above.
This was another posting on the forum. This was an answer
to someone posting about receiving a NIP in the post and taking
it on the chin.
What proof do they have that:-
1. The vehicle in the picture is yours and not a clone?
2. The speed trap device is accurate?
3. The proper guidelines have been followed?
4. You were actually driving the car at the time?
Reply to the NIP stating that "I am unable to provide
you with the information you require". Don't sign it. Enclose
a covering letter stating that you wish to see a copy of the
photographic evidence, and a copy of the calibration certificate
for the speed detection equipment.
Also ask for a copy of the guidelines and manufacturers instructions
for the use of that equipment, plus a copy of the relevant pages
of the operator's (Policeman's) notebook, detailing the entire
chain of events starting from when they parked the van to when
they packed up and drove away. This will tell you whether the
relevant instructions were followed.
You may not receive all of this straight away but be persistent.
Regarding the photographs, make it clear to them that at present
you are unable to provide them with the information they require
and you need to see the photographic evidence in order that
it might help you do this (notice the word "might").
Once you receive the photographs, you will (naturally) still
not be able to identify the driver and will probably have doubts
as to whether it is you car or not. Ask them to prove that it
is indeed your car in the picture and not a similar make/model
with false number plates. In the meantime, try and work out
a way to place yourself and your car elsewhere at the time.
(Be careful here, you don't want to lay yourself open to perjury!).
In addition to this, you could refuse to answer their questions
on the grounds that it is your right to do so under the terms
of the European convention of Human Rights. See http://www.righttosilence.org.uk for more information and also information on a current case
before the ECHR specifically regarding this. Depending upon
how far you want to take things you could cite this case and
ask for a stay of proceedings until you have the outcome of
a similar action on your own behalf.
To summarise:-
1. Cause the buggers as much inconvenience as humanly possible.
2. Demand to see ALL the evidence against you.
3. Demand verification that all procedures have been followed
and that the equipment is calibrated.
4. Ask what proof, rather than circumstantial evidence, they
have that they have identified the vehicle correctly.
5. Ask what proof they have as to the identity of the driver
(they will have none at all).
6. Play the human rights card.
If everybody did this, the system would collapse. The poster
quotes.
