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Mobile Speed Camera South Wales.
lackingwedge
Posts: 210 Forumite
My car was flashed doing 85MPH (or it appears to be my car) on the M4 between JCT's by one of those mobile speed camrea setups that are mounted above the overhead flyovers.
According to the police, i was sent 3 NIP's to which i didn't respond and have now been issued with a court date.
I was away from home at the time and a couple of people had access to my car (although i suspect who it was).
When i got the court summonds, i rang up the number and was informed by the officer that there is video evidence which will clearly identify the driver and car.
I Was charged with speeding and failing to provide driver details to which i have pleaded not guilty to.
The hearing has been resheduled to 2nd week in Feb for trial.
In the meantime, i have been server with docs from the CPS wanting to introduce Heresay evidence.
I objected that evidence that NIPS printed off do not constitute proof of postage let alone receipt.
They then sent me a statement of non sensitive unused material.
comprising of still photo's, device calibration docs and pocket notebook with (evidence not with file) next to them.
Does that mean these docs are missing (and thus i can get the charges dropped on a technicality) or will they materialise on the date?
Advice please.
According to the police, i was sent 3 NIP's to which i didn't respond and have now been issued with a court date.
I was away from home at the time and a couple of people had access to my car (although i suspect who it was).
When i got the court summonds, i rang up the number and was informed by the officer that there is video evidence which will clearly identify the driver and car.
I Was charged with speeding and failing to provide driver details to which i have pleaded not guilty to.
The hearing has been resheduled to 2nd week in Feb for trial.
In the meantime, i have been server with docs from the CPS wanting to introduce Heresay evidence.
I objected that evidence that NIPS printed off do not constitute proof of postage let alone receipt.
They then sent me a statement of non sensitive unused material.
comprising of still photo's, device calibration docs and pocket notebook with (evidence not with file) next to them.
Does that mean these docs are missing (and thus i can get the charges dropped on a technicality) or will they materialise on the date?
Advice please.
0
Comments
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You're mistaken here, the NIP is presumed to have been served within 14 days unless you can prove otherwise.lackingwedge wrote: »... I objected that evidence that NIPS printed off do not constitute proof of postage let alone receipt.
They then sent me a statement of non sensitive unused material.
comprising of still photo's, device calibration docs and pocket notebook with (evidence not with file) next to them.
Does that mean these docs are missing (and thus i can get the charges dropped on a technicality) or will they materialise on the date?
The video evidence will be sufficient for them to convict you, the "schedule of non sensitive unused material" is just a legal procedure for the CPS, that material may only become relevant if you've submitted a defence which hinges on disclosure of one of those items.
I'd have to say that your somewhat casual approach to knowing who's driving your car is not helping your case, and you're likely to be hit for both the speeding and failure to furnish information charges.
You might want to try the forums at pepipoo for further help, but it's a bit late in the day.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0
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