Speeding Ticket advice ( Please)

Keep_pedalling

The manned equipment is incorrect, you were caught by the recently installed average speed cameras at each end of the village, look at the gap in times of the first and last images. Such minor errors in the paperwork however is not going to get you off the hook. 

Jazzy26

Thank you Keep_pedalling, completely irons out that query I had in the back of my mind as I no flash of a speed camera nor,  as I said there was completely no one about physically to my recollection.
All points taken on board , case closed. 

tifo

Keep_pedalling said:

The manned equipment is incorrect, you were caught by the recently installed average speed cameras at each end of the village, look at the gap in times of the first and last images. Such minor errors in the paperwork however is not going to get you off the hook. 

It's still an error. A manned camera is operated and calibrated differently to a fixed camera and if the police state things wrong they should be penalised.

But in reality they receive no sanctions for errors, some much bigger than a typo or misunderstanding !!

tifo

As an example, a family member was recently at court for speeding on motorway at the beginning of this year. The police said 3 points and a £100 fine are not suitable and they will take it to court.

However, they wouldn't say what the speed was, just saying "excessive speed on motorway" and wouldn't give the dashcam footage (which the officer relied on). They said it will be disclosed at court. So the accused had to plead "not guilty due to insufficient information being given to make an informed decision".

At court the prosecutor was happy to show the police dashcam footage and couldn't understand why it wasn't disclosed before or what the speed was. The accused then pleaded guilty.

The court gave 4 points and a £900 fine plus around £350 costs. However, in fairness the police should not have received any costs because they forced the accused to court !! But they received no sanction for doing what they did.

Car_54

tifo said:

Keep_pedalling said:

The manned equipment is incorrect, you were caught by the recently installed average speed cameras at each end of the village, look at the gap in times of the first and last images. Such minor errors in the paperwork however is not going to get you off the hook. 

It's still an error. A manned camera is operated and calibrated differently to a fixed camera and if the police state things wrong they should be penalised.

But in reality they receive no sanctions for errors, some much bigger than a typo or misunderstanding !!

A NIP has to state the nature of the alleged offence, and the time and place. Any other information is superfluous.

In any event, the NIP will play no part in the court proceedings.

Car_54

tifo said:

As an example, a family member was recently at court for speeding on motorway at the beginning of this year. The police said 3 points and a £100 fine are not suitable and they will take it to court.

However, they wouldn't say what the speed was, just saying "excessive speed on motorway" and wouldn't give the dashcam footage (which the officer relied on). They said it will be disclosed at court. So the accused had to plead "not guilty due to insufficient information being given to make an informed decision".

At court the prosecutor was happy to show the police dashcam footage and couldn't understand why it wasn't disclosed before or what the speed was. The accused then pleaded guilty.

The court gave 4 points and a £900 fine plus around £350 costs. However, in fairness the police should not have received any costs because they forced the accused to court !! But they received no sanction for doing what they did.

The police didn't receive any costs. they would have gone to the CPS.

TooManyPoints

In any event, the NIP will play no part in the court proceedings.

Indeed. So long as it includes the information required by law and it is served with the 14 days allowed, it will play no part in any prosecution and will have no influence on the outcome.

…in fairness the police should not have received any costs because they forced the accused to court !!

From your account, the driver had no option but to go to court as a fixed penalty was not offered. 

The way to deal with a criminal offence is by prosecution in court.  However, the police may sometimes offer an out-of-court disposal (a fixed penalty). This is entirely at their discretion and the driver has no right to one, whatever the speed alleged. 

So the accused had to plead "not guilty due to insufficient information being given to make an informed decision".

Again, that is unlikely to be so. When a prosecution is instigated the accused must be served with the evidence the police intend to rely on to secure a conviction. He has no need to enter a plea before he has that. As well as that, the allegation is one of exceeding the speed limit, not of travelling at any particular speed. But even so, I cannot imagine a situation where the police did not disclose the speed alleged as part of their evidence. 

“But they received no sanction for doing what they did.”

Which is scarcely surprising as they did nothing they were not entitled to do.

Nothing the OP describes in this case suggests the NIP was in any way deficient and nothing it contains seems likely to jeopardise a successful prosecution.

Ectophile

tifo said:

As an example, a family member was recently at court for speeding on motorway at the beginning of this year. The police said 3 points and a £100 fine are not suitable and they will take it to court.

However, they wouldn't say what the speed was, just saying "excessive speed on motorway" and wouldn't give the dashcam footage (which the officer relied on). They said it will be disclosed at court. So the accused had to plead "not guilty due to insufficient information being given to make an informed decision".

At court the prosecutor was happy to show the police dashcam footage and couldn't understand why it wasn't disclosed before or what the speed was. The accused then pleaded guilty.

The court gave 4 points and a £900 fine plus around £350 costs. However, in fairness the police should not have received any costs because they forced the accused to court !! But they received no sanction for doing what they did.

Why didn't the defence's lawyers object to the use of evidence that was deliberately withheld from the defence team?

Car_54

Ectophile said:

tifo said:

As an example, a family member was recently at court for speeding on motorway at the beginning of this year. The police said 3 points and a £100 fine are not suitable and they will take it to court.

However, they wouldn't say what the speed was, just saying "excessive speed on motorway" and wouldn't give the dashcam footage (which the officer relied on). They said it will be disclosed at court. So the accused had to plead "not guilty due to insufficient information being given to make an informed decision".

At court the prosecutor was happy to show the police dashcam footage and couldn't understand why it wasn't disclosed before or what the speed was. The accused then pleaded guilty.

The court gave 4 points and a £900 fine plus around £350 costs. However, in fairness the police should not have received any costs because they forced the accused to court !! But they received no sanction for doing what they did.

Why didn't the defence's lawyers object to the use of evidence that was deliberately withheld from the defence team?

Probably because the poster's second-hand account is not totally accurate.