Help with a police problem

Discussion in 'Motorhome Chat' started by hoot007, Aug 13, 2015.

  1. hoot007

    hoot007 Funster

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    Hi from John
    Joyce wants me to point out that it was not her, a few weeks ago I passed a speed camera unusual for me I was not speeding so they have sent joy a letter asking her to identify the driver who was
    " alleged to have committed the following Drive on a road a motor vehicle whilst not wearing a seat belt"
    This is complete and utter tosh I have worn one ever since they were fitted it was a wet day I would have been wearing dark rain coat I wear the seat belt low on the shoulder and I hate bing bong's in the car I. E. the belt alarm are they insinuating that I am deaf E Wat I never heard it lol.
    The help required is there any appeal, can I request a photograph/evidence or is it a money making scam
    Thanks John
     
  2. sdc77

    sdc77 Funster

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    Speed cameras don't detect no seatbelts. I would imagine it's an error in some way.
     
  3. emmitdb

    emmitdb Funster

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    I take it that Joy/Joyce is the registered keeper of the vehicle in question.
    Regardless of what is alleged to have/have not taken place, it is imperative that she supplies the information that has been requested.
    For her not to do so would mean that she herself would be committing an offence. (regardless as to whether an offence was or was not being committed by the driver at that time).
    Just fill out the form and await further information.

    The above information of course is correct assuming that the letter you have received is from an official source.
     
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  4. Allanm

    Allanm Funster

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    Some cameras have been able to detect no seat belts and mobile phone use, since 2010. The image should be available for you to view. You need to write to whoever you got the ticket from, stating your case and asking to see their evidence.
     
  5. sallylillian

    sallylillian Funster Life Member

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    Write and say you are unsure who was driving that day, can they please send the photo so you can confirm, as you do not want to commit an offence by arbitrarily selecting either of you to be found incorrect at a later date by photographic evidence.
     
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  6. golly

    golly Funster

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    I was caught by a camera years ago while test driving a car, the garage gave them my name, I requested to see the photo, no problem, unfortunately it was me driving, no mistaking the shine on my bald head :LOL:. so yes as far as I know you can request to see the evidence.
     
  7. irnbru

    irnbru Funster Life Member

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    Are you sure the letter received is legal and not a scam by some company that has access to the database. Drive on a road doesn't sound right to me...Just a thought .
    Hope you get it sorted.
     
  8. emmitdb

    emmitdb Funster

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    Allan and Sally,

    The hoots aren't at that stage yet.
    Where they are at has nothing to do in effect with the offence that is being alleged. All they should do at the moment is answer the question" Who was driving" If they are unsure, they should say so but Mr Hoot has already told us that it wasn't Mrs Hoot so the answer is clear.
    No one is admitting any offence as yet. The opportunity to ask for evidence of the actual/suspected offence will come later.
     
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  9. sdc77

    sdc77 Funster

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    I was under the impression these were mobile cameras and not speed cameras. .. As advised the op should reply to the lawful request re driver details. Once you see the picture you may be in a better position to decide how to proceed.
     
  10. GWAYGWAY

    GWAYGWAY Funster

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    Big Brother needs to be answered as that is an offence anyway. Get the photo and check what it was and also the clarity. If it is anything like the usual CCTV footage released at crime scenes, you will not be able to see who it was let alone if a seatbelt was worn.
     
  11. Derbyshire wanderer

    Derbyshire wanderer Funster Life Member

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    I had exactly the same happen to me as I was clocked on a job for the vehicle but I knew I had not used the road. When I asked for the photo, it showed the reflection of the clouds on the windscreen.
    Visit from the Police at work for a chat and he agreed that the photo did not incriminate me. Never did find out who did it thou.
    As above, you must disclose who the driver is and then it is sent to them to admit or deny whatever is alleged.
     
  12. peter marshall

    peter marshall

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    Hi
    A couple of years ago we sold Lynn's Smart Car, in December to a dealer, On the 4th Jan we went to Spain the car was caught on a fixed camera, rear of the car very clear, but dated while we were in Spain, it took ages letters and calls to sort it out even though we had a proof from Swansea to confirm Lynn no longer owned the Vehicle, it even went to court but was stopped then, for your prob it must have been a front on camera to query a seat belt has others have stated get a photo, Lynn's original letter had a photo on it. Pete
     
  13. Allan & Loren

    Allan & Loren Funster

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    You are perfectly entitled to request a copy of the photo and query the evidence.
     
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  14. Bobby22

    Bobby22 Funster

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    I agree with sallylillian, ask to see the photo as you are not certain who was driving . Joyce says not her, you say never you.

    If there is doubt then as to who was driving, see the photograph......check who , and also if an offence has been commited.

    It is not an offence to be unsure as to who was driving at a particular time.

    You may have to agree who was driving before the let you see the photo.
     
    Last edited: Aug 13, 2015
  15. mickyc

    mickyc Read Only Funster

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    Don't shoot the messenger here but according to the cops you have no right to disclosure of evidence (the photo) until the summons has been issued and if you don't know who was driving then that's another offence.

    Q. Will photographic evidence identify the driver?

    The photograph may be used as evidence in court to show that the speeding offence was committed by the vehicle concerned but is not used for personal identification purposes. We can supply a photograph on request (ctoevidencerequest@herts.pnn.police.uk), although there is normally no entitlement to advance disclosure of evidence. If the matter results in court proceedings (whether by request or police prosecution) the defendant or a legal representative may make representations to the Crown Prosecution Service for any relevant items once a summons has been issued.



    Q. What happens if I don't know who was driving the vehicle?

    You are required in Law to respond to the Notice of Intended Prosecution within 28 days of the service of the notice providing the full details of the driver and signing the form. If you are unable to provide these details, do not respond or fail to complete the form fully you may be prosecuted for the additional offence of failing to provide the required information. This offence carries a maximum fine of up to £1000, 6 penalty point driving licence endorsement and/or disqualification from driving.
     
  16. pappajohn

    pappajohn Funster Life Member

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    As above

    You are only entitle to request evidence once the offense has been accepted by you, this doesn't mean accepting guilt only accepting the charge.
     
  17. sallylillian

    sallylillian Funster Life Member

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    Going back to my earlier post; Whoever is the listed "keeper" will get the charge if no other driver has been disclosed. At the same time it is perjury to accept points on behalf of another, as per recent high profile court cases, such as the Huhnes. So with that in mind if you are unsure, to disclose this and express concern for committing perjury therefore could they please supply the photographic evidence would, I suspect, be a supported position in front of a magistrate. Of course photos of speeders from behind are not much use. And then the keeper get the ticket if no other is disclosed.
     
  18. sdc77

    sdc77 Funster

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    Op .. there's plenty of advice for you but please bear in mind the legal side of providing driver details and that not doing so may make the registered keeper liable. You are not legally entitled to a copy of the picture in order to disclose driver details and it's important you make a timely decision on what course of action you intend to take. Good luck
     
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  19. G T and Dottie

    G T and Dottie Funster

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    Try a site called pepipoo. You will find a lot of good advice on there.
     
  20. John Laidler

    John Laidler Funster

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    Any appeal should not use the OP's avatar - unless they want to try and claim that is Ribena! :)

    But I would add are you sure the alleged offence was committed near the speed camera - does the letter say so? If not the only evidence may be a statement from a police officer perhaps on foot.
     
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