Incorrectly accused of not wearing seatbelt

Jenni_D

That's why I suggested trying for copies of the original image files.

If the OP does decide on a court appearance, I'd suggest at least taking the hoodie with them so they can demonstrate how it could make it appear that no seat belt was being worn, and so cast doubt on the prosecution case.

TooManyPoints

I have not yet, but i plan too later today.

Yes you need to respond or you commit a far more serious offence which carries six points on conviction.

If the photographs do not show, beyond reasonable doubt, that you were not wearing a seat belt your option is to decline the course and any fixed penalty that may then be offered and allow the police to prosecute you. Despite the above, it falls upon the prosecution to prove your guilt. You do not have to offer any excuses unless and until they do that. If all they have is the photographs and they are as unclear as you describe they may have difficulty doing so. 

You need to be aware of the cost of failure. If you are convicted you face a fine of half a week's net income (subject to the statutory maximum for the offence which is £500), a "Victim Surcharge" of 10% of the fine (minimum £34) and prosecution costs. For a contested trial, these normally begin at £620.

Ant555

Does anyone know how this seatbelt 'offence' would be triggered by the van at the side of the road.   Does the camera or operator take images of every car and someone looks at the images afterwards?  Does it rely on the operator to spot an offence and then flag an image on the camera for investigation later?

I wonder how likely it is that the wrong image/car has been flagged for attention.

If its automatic Artificial Intelligence then would the clothing possibly mask the seatbelt and trigger it.

TooManyPoints

It's unusual (though not unheard of) for seatbelt offences to be detected by speed cameras. Quite what influences the police to examine any particular photos for offences other than speeding, I don't know.

highet

do you have legal expenses cover thro you motor insurance?? If so might be worth calling them for advice??

Had something similar a few years ago where cops in car accused me of going thro yellow/red light -was with RAC insurance who got me a solicitor - he showed that fromwhere police were sitting it would be impossible to see the lights i had passed and the magistrates tossed it out

photome

TooManyPoints said:

It's unusual (though not unheard of) for seatbelt offences to be detected by speed cameras. Quite what influences the police to examine any particular photos for offences other than speeding, I don't know.

is it possible the camera operator sees inside the car, sees what he/she thinks is no seat belt and makes a note to for someone to check that photo.

MEM62

Clanwalker said:

I received a letter claiming I was being prosecuted for not wearing a seatbelt!

Clanwalker said:

Now I am a driver who is very conscious about this and I never drive my vehicle without a seatbelt on. 

Clanwalker said:

I am honestly disgusted by this, as this does not seem like sufficient evidence at all that I was not wearing a belt, especially as I most definitely was 

Clanwalker said:

This puts me in an awful position, as I know I am innocent here and the evidence is awful; but it looks like it is just not worth the time or effort to appeal my innocence.

If you are innocent then defend yourself.  If you do not wish to do that then you will have to suck it up and do the course.  This is a judgement call only you can make.  

Herzlos

Jenni_D said:

That's why I suggested trying for copies of the original image files.

If the OP does decide on a court appearance, I'd suggest at least taking the hoodie with them so they can demonstrate how it could make it appear that no seat belt was being worn, and so cast doubt on the prosecution case.

I wonder if the court process would allow everyone to go out into the car park to see the OP put the seatbelt on in that car with that jacket?
Mind you, photos and video should be sufficient anyway.

Jenni_D

OP could even just put on the hoodie in court, arrange it as they normally would and sit on a chair - that might be enough to cast doubt on the prosecution case.

MEM62

Jenni_D said:

OP could even just put on the hoodie in court, arrange it as they normally would and sit on a chair - that might be enough to cast doubt on the prosecution case.

Hoodie on and a shoulder bag or mono-strap type rucksack.  If the strap of the bag cannot be seen then neither would a seat belt.