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Post by boblet on Mar 4, 2007 17:04:09 GMT
Please can any one advise me on what to do?
I have just received a summons to attend court for speeding, 53 in a 40 area, but on reading the two Police statements I have realised that the registration number on both statements is different, both have the same date, time, location and speed etc, but the registrations are totally different, one is the correct number for my bike, but the other is totally different, it is an 04 registration on a different bike.
Does anyone know if this will hold up in court if I challenge it, or do I just hold my hands up and admit to it?
Cheers Bob
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Post by Fiasco on Mar 4, 2007 17:30:44 GMT
You'd be mad not to have a go, what have you got to lose?
How come there were two statements ?
There are a few people on this site who know the system pretty well, I am sure they will be along shortly.
Good luck
Dave ;D
Got a nasty feeling I may have been Talivanned today (does anyone know how far away they start recording your speed?)
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Post by Dame judgejools44 on Mar 4, 2007 17:44:34 GMT
You'd be wise to query it boblet cos technically they should match up!
Dave, not sure hun, but I know that they need to record you for a while to get an accurate reading. Probably about same distance as standard cameras!
One was on top of a bridge when I was driving south through Scotland a few weeks ago so I'm still waiting for summin to come through the door. I was doin about 90 mph on the motorway..only bully bonus is knowing that at present I have a clean licence so it won't make much of a difference!
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Post by boblet on Mar 4, 2007 18:01:16 GMT
This was from a video camera on a bridge over the road.
The first statement was from the laser operator, the second from the camera operator who followed the bike to get the reg number.
There is no disputing the photo, that is definitely me, its just the fact that the two statement quote different registration numbers.
What is the penalty likely to be for 13 mph over the limit?
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Post by Fiasco on Mar 4, 2007 18:05:27 GMT
At a guess £60 and 3 points, not sure if this goes up if you contest it.
Dave ;D
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Post by Dame judgejools44 on Mar 4, 2007 18:06:46 GMT
Basically what you're saying is that the photo shows your reg and the operator put the correct reg on his statement. They laser operator that got ya speed noted the wrong reg?
From that you can argue that there was another bike that speeded past you at the time the laser flagged the speeding...but for some unknown reason you've been photographed.
If you get a good lawyer involved that's what they'll argue and you should walk away....if not, should just be standard 3 points and a fine!
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Post by boblet on Mar 4, 2007 18:08:37 GMT
That is what I was expecting, I filled in all the paperwork, sent it back and was expecting to receive an offer of points and a fine, but suddenly I got a court appearance sent through the post, it has taken them nearly 6 months to process as this happened 9th Sept last year.
Bob
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Post by Dame judgejools44 on Mar 4, 2007 18:12:16 GMT
Maybe they're getting you in because there's an error to the statements. Get yourself a Lawyer m8!
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Post by boblet on Mar 4, 2007 18:17:06 GMT
Thanks for your advise, first thing tomorrow I am going to phone a lawyer and see what they say, more importantly see how much they will charge me to go to court with me.
I need to weight up the cost of the fine against the cost of a lawyer.
Bob
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Post by Dame judgejools44 on Mar 4, 2007 18:19:20 GMT
Very true. if you use a freebie solicitor, they're advice is...well...free, but you would have to pay the barrister which is about £150!
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welshy
Boy Racer
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Posts: 232
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Post by welshy on Mar 5, 2007 11:23:29 GMT
I got done just under 4 years ago by a camera van on a bridge above the M4 near Cardiff. They clocked me at 84mph. When I replied, I asked them for the photographic evidence that it was me. They sent me back a photo of a totally different car and driver but doing the same speed at the same day and time. When I replied, I asked them for an appology and told them I am obviously not the driver. They replied by sending me another photo with me on it and said there was no appology needed. I ended up with 3 points and £60. I just got done a couple of weeks ago for 50mph in a 40mph area. I was offered a fixed penalty of 3 points and £60. I've decided to take it because if I refuse I have to go to court and will still probably end up with 3 points and £60 or maybe more and I will have to pay costs and any solicitor fees. It just ain't worth it. If I was on 9 points I would contest it in court but i will only end up with 3 so I am going to live with it.
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Post by judi on Mar 5, 2007 11:54:42 GMT
My Pete was very fortunate the last time he got pulled over for speeding. It was on his bike with me on the back. Fortunate that they only clocked him doing 97mph ![::)](//storage.proboards.com/forum/images/smiley/eyesroll.png) We used to get on the bike and i used to say 'dont spare the horses' and he didnt. ;D I stopped saying it afterwards ![:(](//storage.proboards.com/forum/images/smiley/sad.png) Anyway, since he was so close to losing his license and we now dont have a bike on the road - the car is like something out of the starship enterprise. What with SmartNav (i think its called), and his TomTom and camera detector thingy updated on a regular basis..... they make more noise than the engine and the woman nags more than i do! ;D ;D ;D
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Post by CD on Mar 5, 2007 18:21:48 GMT
I know that M4 bridge near Cardiff. When the sun's shining and visibility is perfect tallyvans are a dead cert. Obviously the road is hideously dangerous when the visibility is perfect. So it must be homicidal in bad weather (Oh yes), but I've never seen a camera in poor weather or any cop cars to stop the idiots who tailgating and dazzling with rear fog lamps at night in the rain.
I wonder if we can guess the real reason they use that M4 bridge in good weather.
Personally, I would ignore the first letter and when the duplicate arrives claim it never arrived within the set time limit. If it wasn't sent signed-for they can't prove the NIP was delivered.
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Post by spike240 on Mar 5, 2007 19:31:46 GMT
I have to say it - Bob just hold your hand up - you've done the crime blah blah! I don't agree with the way which you have been caught, cos they could burn the bloody lot for me (cameras I'm talking about), but I was always taught if you get caught doin' summat, just coff and learn from it. Is it only me that thinks this is the main problem with our law system - that when these toe rags get caught nickin' stuff, their brief gets them off on a technicallity. Sorry for goin on but... Bob if it's a fair cop just pay up and take the medicine.
Sorry for ranting on.
Good luck
Spike
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Post by knight on Mar 5, 2007 20:18:42 GMT
At least take some legal advice. Don't just accept it. It's alright saying it's only three points and £60.But those three points are going to be with you for three years. You may well get caught again within those three years so it will be six pionts then it may affect your insurance, If you can get away with it, DO. Richard
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Post by CD on Mar 6, 2007 16:38:20 GMT
I would normally agree with Spike, but the tallyvan operators are misusing their authority. The law has rules and regulations to (hopefully) make sure its applied fairly. The problem is the camera partnerships dont apply the rules fairly and they use equipment which has been proven to be unreliable on bikes.
The wrong picture being shown indicates they can't properly manage the process so cant be trusted to have correct speed information. They then "found" the right picture so clearly have a cavalier attitude so their judgement cant be trusted.
MCN tested a camera with a police trained operator. It was properly calibrated and set up on a parked Fireblade. Every time a car went by, the camera showed the car's speed, yet the cars and road weren't visible in the speed camera viewfinder and the bike hadn't turned a wheel.
IMHO, the speed camera system is a money making scam.
By the way... If the authorities can bend the law to suit themselves then why shouldn't we also bend it to suit ourselves?
Why indeed? Because, the whole mess brings tha law into disrepute - a very dangerous and slippery slope. The sooner this highly dodgy speed camera system is brought under control the better - for all our sakes.
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Post by spike240 on Mar 6, 2007 20:33:58 GMT
Well put Chirodave.
Spike
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