Mobile Camera Speeding Offence "Rolling Footage"

12467

Comments

  • AdrianC wrote: »
    Depends entirely on the quality of your evidence. Some uncalibrated tracking data (from what?) and a dashcam video aren't going to be good enough - the prosecution will have type-approval documentation for the equipment, training logs and calibration logs, and various other technical evidence.

    To defeat that, you'll need reports produced by expert witnesses who are willing to stand up and be cross-examined.

    That's going to take a LOT of time, money, and blood pressure, for an uncertain result. Maybe they'll simply offer no evidence on the day. It's unlikely you'll be awarded costs.

    Or you could spend half a day and £90 on some tea and biscuits.

    Exactly the underlying reason behind why I am wanting to find out about the technology first and foremeost.

    I know there will be a high burden of proof upon me, firstly to establish why their equipment was faulty/misinterpreted/misused/innacurate etc, but secondly, as to then why my evidence (a tracker, a Dash Cam and my recollection) is admissible and "out trumps" their evidence.

    As it would be a criminal trial the level of proof needs to be "beyond any reasonable doubt". On top of this, the trial would sit in front of a Magistrate (no disrespect to a magistrates) but unless they are an expert in dash cam and tracking technology (which I very much doubt it) then they're immediate position will be to sit with the "superior" technology and the expert witnesses.

    All of this is a bit of a digression from my original post which was aimed at trying to understand the technology more; how it works, how it's used and how the data it provides is then analysed and interpreted. Because, ultimately, if I am to mount any form of a defence that would be accept this is where it would stem from.

    Once I've received the further evidence from the Camera Partnership I'll post back.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    First Anniversary Name Dropper First Post
    To add, OP, see what the Safety Partnership send - I'll be pleasantly surprised if what they send is what they intend to rely on in court. Review what they send first, but your best chance of fighting this without cost to yourself might be to show them what you have and see if they cave in. They may decide not to proceed, they may just say see you in court. There is also a risk they could withdraw SAC and fixed penalty offers and just say see you in court if you handle this in a bull in a china shop way.

    I would supply it in a way that says you're curious that they have found you speeding but your dash cam thinks otherwise.

    The difficulty is that their equipment is calibrated, yours isn't. And by calibrated, I mean accepted legally as such. You can change settings on your dashcam to change the date for example - mine came with a defaukt date and time.

    Choose your battles. This one isn't unwinnable, but if winning leaves you out of pocket, is it worth the fight? That's up to you, but there are quite a few stories on Pepipoo where people have turned down an SAC and ended up much much worse off.
  • deaston
    deaston Posts: 477 Forumite
    Mercdriver wrote: »
    It's easy to say this when it is not your money you are risking.

    The other side will call expert witnesses and the OP will need expert witnesses of his own. It will be an expensive day out and if the OP does get found not guilty, he will not get all his costs back.

    I do think there is merit on going to pepipoo on this - AntonyMMM is a regular on there and is a motoring solicitor so take into account what he says.

    If I could settle this with a simple SAC, I would. The risks are high and there is no reward as even found not guilty will see the OP out of pocket.

    Unfair? Sure, but legal and to change this people need to get more involved in political process rather than simply whinge that the system works against them.

    In that case, reading all this makes me feel sorry for the OP. Like me, it sounds like he sticks to the limit and probably gets tailgated and overtaken constantly, and he still gets accused of speeding and points on his licence. May as well just break the limit.

    I guess I assumed the legal system was there to uphold the law - not make it difficult for someone who is innocent to prove themselves as such, especially when the OP has such clear evidence.

    If it was me, I'd fight it regardless of cost.
  • AsaBlade wrote: »
    Exactly the underlying reason behind why I am wanting to find out about the technology first and foremeost.

    I know there will be a high burden of proof upon me, firstly to establish why their equipment was faulty/misinterpreted/misused/innacurate etc, but secondly, as to then why my evidence (a tracker, a Dash Cam and my recollection) is admissible and "out trumps" their evidence.

    As it would be a criminal trial the level of proof needs to be "beyond any reasonable doubt". On top of this, the trial would sit in front of a Magistrate (no disrespect to a magistrates) but unless they are an expert in dash cam and tracking technology (which I very much doubt it) then they're immediate position will be to sit with the "superior" technology and the expert witnesses.

    All of this is a bit of a digression from my original post which was aimed at trying to understand the technology more; how it works, how it's used and how the data it provides is then analysed and interpreted. Because, ultimately, if I am to mount any form of a defence that would be accept this is where it would stem from.

    Once I've received the further evidence from the Camera Partnership I'll post back.

    You misunderstand, you only need to cast reasonable doubt on the prosecution evidence.
  • deaston
    deaston Posts: 477 Forumite
    Mercdriver wrote: »

    The difficulty is that their equipment is calibrated, yours isn't. And by calibrated, I mean accepted legally as such. You can change settings on your dashcam to change the date for example - mine came with a defaukt date and time.

    Although the OP's footage would surely show the speed camera van and vehicles before and after the OP would match those filmed by the speed camera, so there'd be no question that the footage was the same day.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    First Anniversary Name Dropper First Post
    deaston wrote: »
    In that case, reading all this makes me feel sorry for the OP. Like me, it sounds like he sticks to the limit and probably gets tailgated and overtaken constantly, and he still gets accused of speeding and points on his licence. May as well just break the limit.

    I guess I assumed the legal system was there to uphold the law - not make it difficult for someone who is innocent to prove themselves as such, especially when the OP has such clear evidence.

    If it was me, I'd fight it regardless of cost.

    The way speeding cases are prosecuted is reactionary to people's attempts to exploit loopholes. That's why it is a little messy. I think it needs to be looked at and overhauled personally, but I can't see this happening as it serves its purpose 99% of the time, and it isn't enough of a hot potato politically as people haven't been whipped up to mass hysteria like some have been by immigration.

    Politicians won't change things unless a) it clearly isn't working for a large proportion of people and mostly b) it threatens their existence as a governing party.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    deaston wrote: »
    I guess I assumed the legal system was there to uphold the law - not make it difficult for someone who is innocent to prove themselves as such, especially when the OP has such clear evidence.
    But does he?

    The prosecution have video taken by a trained operator using calibrated equipment, specifically designed and approved to produce legally-acceptable evidence. That video will show the distance from the operator of the approaching vehicle, and a time stamp. Distance/time = speed.

    The OP has a gut feel and a cheap Chinese dashcam.

    What are the costs of accepting it versus protesting it?
    Accept it - £90 and half a day that only needs to be declared to one insurer.

    Protest it and lose - three points plus a fine, court costs - total probably £200+.
    Protest it and have the case dropped - time in gathering evidence.
    Protest it and win - a lot of time, a lot of stress, and a lot of and money in expert testimony, with costs unlikely to be awarded.

    May I refer you back to the very first post I made in the thread?
    http://forums.moneysavingexpert.com/showthread.php?t=5705774#2
    Do the words "pyrrhic victory" mean anything?
  • deaston wrote: »
    Although the OP's footage would surely show the speed camera van and vehicles before and after the OP would match those filmed by the speed camera, so there'd be no question that the footage was the same day.

    Use you knowledge then. Tell him about the rules of disclosure and how he can get the evidence from the police to prove that.
  • DoaM
    DoaM Posts: 11,863 Forumite
    First Post First Anniversary Name Dropper Photogenic
    IF the SCP send you the video of the incident AND it shows the cross-hairs AND this shows the target varying THEN you might have a chance of challenging it and winning. *

    If not then take the SAC and be done with it. No points and minimal hassle. Fair? No, but it's the pragmatic approach.

    * I recall a fairly recent media article or forum thread where someone was accused of speeding but was able to prove human error on the part of the camera operator. I can't find it right now though.
  • Mercdriver wrote: »
    To add, OP, see what the Safety Partnership send - I'll be pleasantly surprised if what they send is what they intend to rely on in court. Review what they send first, but your best chance of fighting this without cost to yourself might be to show them what you have and see if they cave in. They may decide not to proceed, they may just say see you in court. There is also a risk they could withdraw SAC and fixed penalty offers and just say see you in court if you handle this in a bull in a china shop way.

    I would supply it in a way that says you're curious that they have found you speeding but your dash cam thinks otherwise.

    The difficulty is that their equipment is calibrated, yours isn't. And by calibrated, I mean accepted legally as such. You can change settings on your dashcam to change the date for example - mine came with a defaukt date and time.

    Choose your battles. This one isn't unwinnable, but if winning leaves you out of pocket, is it worth the fight? That's up to you, but there are quite a few stories on Pepipoo where people have turned down an SAC and ended up much much worse off.


    I think this is sensible advice. If you are so confident about your evidence, try to share it with them in the way suggested. If your evidence is persuasive and conclusive they may drop it to avoid embarrassment in court. But I'd have to say, I think it's more likely that you are mistaken in some way and that you actually were speeding.


    I'd second the advice of mercdriver and other posters to post over on Pepipoo. I've read many speeding posts on there and I don't think I can recall one where somebody has successfully challenged one of these devices in court. And if the prosecution bring in expert witnesses to support the technology, I understand you could be talking about four figures in costs (not including your own costs).


    I'm not sure whether understanding the technology helps you. Presumably you've been pinged by a laser device at a range of up to 1000m (I know you say 500m, but are you sure?) and it has calculated your speed virtually instantaneously. The court will presume the device is accurate. Can you cast reasonable doubt on that? Will your uncalibrated dashcam footage be enough to do so? How can you prove its accuracy?


    If you really want to understand the technology get over to Pepipoo where you can discuss things like "cosine slippage" (I think).


    I'd get over to Pepipoo anyway, if I were you.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.1K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards