Received a red letter today, asking for driver details etc, supposed to have been doing 60 through roadworks on the M1, probably won't argue, company car & all that, it's just that it does'nt say what the actual offense is, no code etc, just a q & a sheet which states that there may be a driver aware course option for a prompt reply, what do we recon? should i be told what the points or fine may be at this stage?
PePiPoo: Helping the motorist to get justice log onto this fantastic site mate..every you need to know is on there..you need to keep the original envelope too mate.. theres so much information i could bombard you with, but get on the forum. its a good idea to post a pic of NIP. theres several legal eagles mate who give free advice.
OK CH, your post is very short on facts and specific information. No-one can give you useful advice on the basis of a vague anecdote I'm afraid. Suggest you study pepipoo as funky says, get your facts together, and come back here again.
OK, Alleged offence: Exceed temporary speed limit-Motorway Road works (camera) Date & time Place speed detected was 60 mph Thats it, on the other side is the section to fill in for driver details, nowhere does it mention the speed limit in force, or the amount over said speed limit, or the possible fine & points that may be awarded, just wanted to know if thats normal for these things?
Half of the the speed limits whether temporary or permanent don't comply with the RT Act Regulations and the RT Signing Regs......as others said, get onto Pepipoo website and also the ABD website.... However, it would be interesting to see which sections of the regs imposed the temp limit........most of the time it is because the incorrect section has been used for an Order to be issued. Is there anything on the ticket that quotes references to various sections? AL
If there is an opportunity for a speed awareness course then I'd highly recommend you don't miss the chance to avoid the 3 points (and increased insurance premium, etc). I've done 2 courses now and they are really good, interesting 4 hour courses......I never speed now :biggrin:
Ii guess you've done 60mph in 50mph limit and were caught on average speed camera (specs). Ask for a pic to prove it was you They are pretty good quality.
Just make sure you don't ask for a photo as 'evidence' - request one politely to help you ascertain who was driving as you are unsure. Pepipoo is a great site, i managed to get a case dismissed in 2008 with their help.
Mine is on there, when I proved the limit was not legal....but there is lot more to it than that because I caught P**d tampering with the signs (after I pointed out there weren't enough in the first place) before the court case. AL
If it was an unmarked car, they would have pulled you over and issued you the ticket there and then, so it was the cams that got you :frown: I wish you luck dude
get on pepipoo mate seriously.. the NIP MUST state the EXACT details of the alledged offence...not to do so makes the NIP invalid, and it is also against the law as it can be construde as entrapment. By returning the NIP you are entering into a contract..DO NOT return the NIP or offer any information until you know all of the material evidence against the alledged offender..This isnt a case of trying to worm out of it, its a case of making them advise you of the evidence against you, as is your right. Too many people simply return the NIP and receive an unlawful/illegal fine... you can ask to see any evidence, certificates of calibration for equipment, evidence of competancy of an operator, equpiment and EXACT location of the equipment...the list goes on...errors are frequently made by the 'authorities'... in court you can ask if the magistrate is acting under his oath..he MUST answer you. You are allowed to witness his signed declaration that he should complete before every hearing day..BUT THEY BUT THEY NEVER FILL THEM OUT...this means the mag has no legal authority if he has not signed a sworn oath...If the court has been hired for the day (as is often the case) then it is NOT a court of law, it is a commercial place of business and therefore has no legal jurisdiction unless you enter into a contract agreeing to meet them at their place of business (about 1% of people are aware of these acts and statutes). Acts and statutes require CONSENT, laws do not..therefore, depending on the 'crime' you may be breaking an 'act' or a 'law'..if you are breaking an act (ie Road traffic act blah blah) then you do not have to give consent. if you are convicted, then it is unlawful and illegal as you were tried in a commercial court, which has no legal framework (to press convictions against acts and statutes)... You are consented when you enter into a correspondence furnishing them with information...look online and you will see template letters that you can copy and send that have the correct wording (legalise as its known by the Law Society)...often, when confronted with these requests for information the cases are not pursued.. Words have different definitions in Legalise than from their uses in English...words such as 'may' (which means 'must' or 'will' in English), understand, person etc etc...Buy a copy of Blacks Law Dictionary...its a real eye opener when you read a contract and understand what is written between the lines. Most mags and coppers dont know the differences between laws, acts and statues, as it is not in the interests of the authorities to let them know. As i said, get on pepipoo, and i strongly urge you to look into common law..its takes some balls, but you can use the same rules to screw them that they 'may' use to screw you...
heres a funny one (of about a million).. policeman, ignorant of the law unlawfully tries to entrap a motorist and gets made to look like a total idiot..watch until the end, its only a minute or 2 long.. Theres millions of videos online of mags, coppers totally ignorant of the law, lying, trying and failing to do someone for an offence, then using a different tack and trying it on with another offence when the first attempt fails..JUST LIKE IN THIS VID..
