Flashed by a Speed Camera. What next?

cyclonebri1

Coveredinbees!!!! wrote: »

Keep you mouth shut, chances are the camera wasn't loaded and your be dropping your self in it for no reason, when the nip arrives deal with it then. Oh how did that happen will probably cover it.

Thats pretty garbage advice, if your son/daughter got a pull in your car would you not appreciate an advance warning? even if a false alarm? :mad::mad:

jaydeeuk1

I got flashed a good few years ago. My car was in my mums name but I lived away, so letter went to her. Replied with my details. I repled asking for photo evidence. They sent it. I said I couldn't tell who was driving (yes I knew it was me, but photo - from behind - was about as clear as one of big foot). Few weeks later, police came round, didn't answer door. Last I heard of it, and have been pulled over a couple of times for standard checks / dodgy bulbs since.

Wonder if not answering the door works if I had pulled a bank job? :think:


I'm not saying to do the above, or bury your head in the sand, but it does make me laugh when people view being 'done' as the end of the world, or if another poster has been caught that they're somehow completely irresponsible and no longer fit to drive.

If my parents had wanted 'advanced warning' of a possible 'false alarm', I'd just tell them up front that I might be tempted to do 31 in a 30. If I get a nip, big deal, its my problem. I drive at the speed I feel suitable for the conditions. If its greater (or less) than what some pen pusher in the council who's never seen the road has set, then tough. I may get caught, I may even run darling little johnny over as he runs in to the road as his parents never taught him how to cross. I won't be whinging about it or view as some gross injustice. I'd just deal with it. Or not answer the door.

Ahhh, feel better now.

cyclonebri1

jaydeeuk1 wrote: »

I got flashed a good few years ago.
QUOTE]


That's all we need to know, trust you got over it???

One a week won't hurt anyone.;)

Kaleidoscope27

I told Mum. I got a glare and a "you'll get points" mini lecture and then we got onto a discussion of exactly where I was flashed and what the speed limit is. The car's registered to Dad so Mum'll warn him that we may get something through.

So will just wait and see if anything comes through now.

Coveredinbees!!!!

cyclonebri1 wrote: »

Thats pretty garbage advice, if your son/daughter got a pull in your car would you not appreciate an advance warning? even if a false alarm? :mad::mad:

If my daughter got done speeding I would be well impressed she's only 13 months old. Oh and it what I would have done so bollicks.:rotfl:

Ian_W

sarahg1969 wrote: »

The NIP MUST arrive within 14 days. If the RK does not receive it within 14 days, then he/she has a perfectly good defence.

Happy to be proved wrong - if I am!
Could you post a link to a stated case perhaps?

Motorlawyers.co.uk don't seem to agree with you either:

The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that in the normal course of events, it should have arrived.

Oh, and neither do trafficlawyers
or lawontheweb.

A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.

It's a burger when lawyers don't know the law, what chance for the rest of us?

mchale

Ian_W wrote: »

Happy to be proved wrong - if I am!
Could you post a link to a stated case perhaps?

Motorlawyers.co.uk don't seem to agree with you either:

Oh, and neither do trafficlawyers
or lawontheweb.

It's a burger when lawyers don't know the law, what chance for the rest of us?

Have a word with nick freeman (mr loophole) he rescued Andrew Flintoff using the 14 day rule a few years ago

sarahg1969

The NIP must arrive within 14 days. The assumption is made that if the NIP is served in time to arrive within 14 days, then it will have arrived. However, this is rebuttable. If it does not arrive, then that is a perfectly good defence.

Quote:


The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that in the normal course of events, it should have arrived.

That's correct. They can assume it did. It's up to the Defendant to give evidence that it didn't. It's all in the wording, you see!

http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html

http://forums.pepipoo.com/lofiversion/index.php/t48017.html

Ian_W

sarahg1969 wrote: »

That's correct. They can assume it did. It's up to the Defendant to give evidence that it didn't. It's all in the wording, you see!

Very interesting, sarahg1969, particularly the Gidden judgement, but I do think those website comments do mislead given the presumption of "service" can be rebutted in respect of 1st class post.
Surprising that the police have not reverted to Recorded Delivery when it only costs 74p more than 1cp, as my understanding always was that service was a given provided it was posted in time - regardless of whether the RK ever received the letter. As per:

A notice shall be deemed ...to have been served on a person if it was sent by registered post or recorded delivery service ...at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him

Not really that important for speeding cameras but NIPs are required to be served for far more serious offences like Dangerous Driving.

Have a word with nick freeman (mr loophole) ...

Not very MSE, given Nick's charge-out rates are probably £1000's per hour and I got the answer for free.

To the OP, sorry to have digressed, but if the NIP arrives late read the posted links though you may have to work hard to gets the police and local beaks to agree.

Stephen_Leak

Strider590 wrote: »

Nobody and I mean NOBODY drives within the speed limits all the time, i'd say 95% of people drive at 35mph+ (speedo reading, not actual) in a 30 zone, so anyone who gets on their high horse is a hypocrite tbh.

Oddly enough however 95% of people on motoring related forums "say" they never stay above the limit..... Go figure.

Not labelling your parents, im just saying that I very much doubt any lecture will follow.

Excuse me. I do. And I've noticed that, over the years, I'm being tailgated and flashed less and less. Nowadays, especially in built-up areas, everyone else seems to be trundling along at the same speed. Speeding really does seem to have become socially unacceptable.

And my fuel economy is is better, as my revs are low and it's easier to drive more smoothly.

I cannot help but wonder what will happen if the speed camera revenue actually disappears.

How hard the OP gets punished depends on what speed he was allegedly doing in what limit. As it includes a percentage, the threshold between each punishment is less, the lower the limit. For example, in a 20mph limit, 25 mph will get you a fixed penalty and 35mph a summons. In a 70mph limit, it's 79mph and 96mph.