michele Posted March 12, 2007 Share Posted March 12, 2007 started this so as not to carry on on Lizzy's thread ........... frank, Hope you don't mind I,m not in the mode of prove you wrong and me right nor do I want to argue over it ......It's hard on here so bare with me.. ok just showed my Hubby your reply . If your car set's of a gatzo/camera they will check the DVLA/PNC and it will show a registered keeper. Being the registered keeper does not mean you own the vehicle it does not mean that you hold a driving licence as you well know SOTBO. It does mean you have a responsibilty in connection with that vehicle. When you register the vehicle the address you give can be your home address work or business address but most importantly an address suitable for summons. At court as other people have poinetd out in the other thread they will have to decide on the( finer details )such as ability to drive at the time of the offence eg , If you can prove that you were not in the country at the time they will accept this but will consider if you have done everything in your power to identify the actual driver. And if to prosecute you for failing to notify the court of the actual driver as apposed to the driving offence itself. At the end of the M11 there is a Gatzo camera if everyime it was set off they wrote to the registered keeper he/she stated that it was a shared car used by both husband & wife and they were too busy to remember who was driving on the day, if they did not prosecute the registered keeper and accepted this defence the Redbridge Magistrates Court would be the quietest court in london . As it happens, he can gaurantee you when the summons lands on the doorstep of the registered keeper if he or she fails to notify the court of who was driving they will be appearing in court . You get three muppets in front of you then you might get away with it but if you get a stipendary he will qiuz you and if he feels that you have an obligation or that you should know who was driving he will fine you of either the offence or failing to give the particulars . So to say that you cannot remember who was driving at the time is not a defence youmust be able to prove to the court a valid exceptable reason as to why you cannot remember this (may) or (may) not help depending on all the above .... Hope this help's *-) Ps. The nikon D40x is nearly half the weight of the D200 . with a lense that is far heavier than the body won't I end up taking pictures of the ground or does it not work that way *-) I saw you ;-) Link to comment Share on other sites More sharing options...
Usinmyknaus Posted March 13, 2007 Share Posted March 13, 2007 michele - 2007-03-12 10:17 PM started this so as not to carry on on Lizzy's thread ........... "frank, ............so bare with me.." Sounds like quite an offer Frank, are you going to take Michele up on it? Bob 8-) Sorry Michele, couldn't resist. Link to comment Share on other sites More sharing options...
michele Posted March 13, 2007 Author Share Posted March 13, 2007 LOL (lol) (lol) Link to comment Share on other sites More sharing options...
emmitdb Posted March 13, 2007 Share Posted March 13, 2007 Michelle, Have a look at pepipoo.com It would appear that one of those laywer types has come up with a way to make life difficult for the speed camera bureaucrats Link to comment Share on other sites More sharing options...
Brian Kirby Posted March 13, 2007 Share Posted March 13, 2007 michele - 2007-03-12 10:17 PM ..... The nikon D40x is nearly half the weight of the D200 . with a lense that is far heavier than the body won't I end up taking pictures of the ground or does it not work that way *-) I saw you ;-) You shouldn't. (BTW, did you get onto those camera review sites I gave you?)Ideally, you keep one hand under the lens to take its weight, while you work the camera with the other hand. A lot of people try to hold the camera body with both their hands, leaving the lens sticking out and unbalanced.I assume you'll get a zoom of some sort. The point of balance of the whole outfit will be probably somewhere within the length of the lens barrel, but close to the camera body. If you're right handed, try holding the lens in your left hand and, once you've got the balance comfortable, use your right to steady it up, and work aperture and shutter speed controls, on/off switch and shutter release.Do be aware that the standard "kit" lenses are not generally regarded as the best on offer, even in the case on Nikon, and you may do better buying a body and lens separately. This combination won't generally be so cheap, though! Apart from the user, the lens is the key to picture quality, so consider paying a bit more for a better lens, and maybe a bit less on the camera body. However, do go to a shop and handle the gear. Some people find brand A is perfect, others like brand C better. If you stick to the likes of Nikon, Canon, Pentax, Konica Minolta and Olympus, maybe Fuji, within a price band, you'll be unlikely to be disappointed with the results, but they all have little differences in how you change programmes, how they zoom, where the controls are etc, that can make quite a difference to how easy you find them to use in practice. Link to comment Share on other sites More sharing options...
michele Posted March 13, 2007 Author Share Posted March 13, 2007 Brian , Thanks for that I will tell him he is asleep now so back to play later . Link to comment Share on other sites More sharing options...
colin Posted March 13, 2007 Share Posted March 13, 2007 michele - 2007-03-12 10:17 PM started this so as not to carry on on Lizzy's thread ........... frank, Hope you don't mind I,m not in the mode of prove you wrong and me right nor do I want to argue over it ......It's hard on here so bare with me.. ok just showed my Hubby your reply . If your car set's of a gatzo/camera they will check the DVLA/PNC and it will show a registered keeper. Being the registered keeper does not mean you own the vehicle it does not mean that you hold a driving licence as you well know SOTBO. It does mean you have a responsibilty in connection with that vehicle. When you register the vehicle the address you give can be your home address work or business address but most importantly an address suitable for summons. At court as other people have poinetd out in the other thread they will have to decide on the( finer details )such as ability to drive at the time of the offence eg , If you can prove that you were not in the country at the time they will accept this but will consider if you have done everything in your power to identify the actual driver. And if to prosecute you for failing to notify the court of the actual driver as apposed to the driving offence itself. At the end of the M11 there is a Gatzo camera if everyime it was set off they wrote to the registered keeper he/she stated that it was a shared car used by both husband & wife and they were too busy to remember who was driving on the day, if they did not prosecute the registered keeper and accepted this defence the Redbridge Magistrates Court would be the quietest court in london . As it happens, he can gaurantee you when the summons lands on the doorstep of the registered keeper if he or she fails to notify the court of who was driving they will be appearing in court . You get three muppets in front of you then you might get away with it but if you get a stipendary he will qiuz you and if he feels that you have an obligation or that you should know who was driving he will fine you of either the offence or failing to give the particulars . So to say that you cannot remember who was driving at the time is not a defence youmust be able to prove to the court a valid exceptable reason as to why you cannot remember this (may) or (may) not help depending on all the above .... Hope this help's *-) Ps. The nikon D40x is nearly half the weight of the D200 . with a lense that is far heavier than the body won't I end up taking pictures of the ground or does it not work that way *-) I saw you ;-) Friend recieved speeding ticket, it was for daugthers car which is in his name, she said it wasn't her driving but boyfriend, he said it was her, so friend replied that he wasn't driving and he had proof he was at work, he got photo, it showed a dark windscreen, no prosecution. The same friends wife recieved ticket a couple of years ago, went to court, just before going in prosecuting solicitor came to her with photo, said 'oh this is not you' (it was my friend) no evidance was presented by prosecution I have heard of ;-) people just ignoring tickets, they have not been prosecuted. It seems the only people getting done are the honest. Link to comment Share on other sites More sharing options...
michele Posted March 13, 2007 Author Share Posted March 13, 2007 Colin, Good luck as the honest people do need some at sometime. As I said before you are at the mercy of the court especially with the CPS. They are criticised but usually in traffic matters they are given the papers immediately before court and as a consiquence if it's dubious they will offer no evidence and move on to the next case. As for tickets they have a quota at the admin/processing center this will be reduced due to sickness and annual leave and there is a cut off point on a monthly basis where by the the unprocessed tickets are destroyed. They sometimes send out the tickets and if you pay they process if you dispute any aspect they bin them . The other thing is you mention poor images the government and local authorities continue to spend hundreds of millions on CCTV systems which never seem to catch clear images let alone identify the person . When they investigate a serious incident such as a murder thousands of man hours are spent in finding and processing CCTV images modern technology will never replace a policeman. The moral of the story is Technology don't replace humans in any job such as the Gatzo camera. It would appear to be easy to get off of for so many reasons but the sudden blue lights of a Mway traffic car means you WILL be identified and if it goes to court he or she will stand opposite you and point out clearly you were driving the car at the time of the offence bang to right. N one cares who the fleet manager is who the car's registerd to or even if your in the country at the time . Its jail my son but they are all full so that will never happen ;-) turn the lights off Link to comment Share on other sites More sharing options...
michele Posted March 13, 2007 Author Share Posted March 13, 2007 Helping the motorist get justice » FAQs and Forums Frequently Asked Questions and Forums For the latest updates, lively debate and assistance, visit our - Fightback - forums Before searching through every page on the site, check out our FAQs below first - there's a good chance the answer to your question is there! This section has brief answers to your most commonly asked questions and, if you'd like more information on a particular topic, follow the links provided. -------------------------------------------------------------------------------- I've received a ticket from a speed camera; how can I find out the legal position? The following links to our Notice of Intended Prosecution (NIP page) and Section 172 pages may help you to understand the legal position at this stage. Is there a legal loophole that prevents prosecution if I don't sign the Form? No - As far as we can tell the "lacuna" (or gap) in the law was closed in the High Court on 16th March 2004; we have more details at this link. Can I be prosecuted for speeding if I was not driving the vehicle when it was flashed by a speed camera? No - you can only be prosecuted for NOT informing the authorities who was driving your vehicle and, doing so, exonerates you from any prosecution - assuming that it wasn't you who was driving of course! Our Section 172 page has more. The speed camera that flashed me was hidden from view. Does this mean that they can't prosecute me for speeding? No - the new government guidelines, which state that speed cameras should be made visible, are not mentioned in the law so, if the speed camera that flashed you was hidden, it will not affect the allegation of speeding that has been brought against you. This page has more detail. I've just been flashed by a speed camera. How long do they have to prosecute me? They have 14 days to issue the registered keeper with a Notice of Intended Prosecution (NIP). However it may not be quite that simple in your case - this page has more details. What guidelines should the police work to? The Association of Chief Police Officers (ACPO) write guidelines that all forces in England and Wales should abide by. This link will take you to the latest version of the ACPO Traffic Enforcement Guidelines; they're in PDF format (1.53 MB). The information on my NIP isn't accurate - does this invalidate the NIP? Not Necessarily - There is a "slip rule" that allows the court to modify small errors (such as name/address of the keeper) due to typographical mistakes. Serious errors can't be modified, and invalidate the NIP. I'm being prosecuted for speeding - how can I find out my likely sentence? The fine that you're given these days depends very much on your financial circumstances. However, we've published the Magistrates' Guidelines for penalty points, and this link has the details. This link has a summary of penalty points for motoring offences. Is the use of radar detectors allowed in the UK? Yes - Since 29th January 1998, it has been legal to own and use a radar/laser detector in the United Kingdom. In summary, passive radar detectors that simply warn you that they're receiving a radar signal are NOT illegal, but the use of equipment that then transmits a "jamming signal" back to the radar device IS illegal. This page has the details. Can I be prosecuted for not informing the police who was driving my vehicle at the time of the alleged motoring offence? Yes - The registered keeper may be guilty of an offence unless they discharge their legal obligation under Section 172 of the Road Traffic Act 1988. This link explains this in more detail. There was only one police officer in the patrol car that stopped me. Can I still be prosecuted for speeding? Yes - The law says that there is only need for two officers if there's no equipment to corroborate the officer's expert opinion of the "excess speed". This link explains this issue in more detail. I've just been stopped by a police officer for speeding. How long do they have to prosecute me? If you were spoken by a police officer when you were stopped then they have 6 months to prosecute you, because the officer will have issued you with a verbal NIP at the time. Our NIP page has more on this topic. I've been stopped for speeding and they didn't give me a speeding ticket. Does that mean that they can't prosecute me? NO - The law doesn't mention the need for a speeding ticket, or many of the other things that you hear regarding speeding offences. The legal minimum that you have to receive when you're stopped by the police is a verbal NIP. We think that the regional variation that can be used for speeding offences will surprise you, and this link has the details. How can I find out my basic rights so that I'm prepared when I'm stopped for speeding by a police officer? We've included a summary of the basic rights that you have if you're ever stopped for speeding, and we suggest that you print them out and keep them in your car! I'm being prosecuted for speeding but I think that the police evidence is inaccurate. Am I entitled to a copy of the evidence so that I can have its accuracy verified? Yes - (unless you accepted a Fixed Penalty ticket when you were stopped). Any evidence that's being used by the prosecution must be made available to the defence before any trial can take place. However, the police don't like handing the evidence out, so you may experience difficulty obtaining it - our Disclosure page will help you. How far above the speed limit can I drive before I risk being stopped for speeding? You're guilty of speeding once you travel at 1 mph over the posted speed limit, and for that reason it's referred to as an "absolute offence". If a police officer tells you that they won't pull you over on a motorway at under 85 mph then that'is either their personal opinion or the policy of their constabulary. This is why they won't need any changes in legislation to introduce "zero tolerance". I'm being prosecuted for a speeding offence. How does the legal system work? There are three separate bodies that make up the "legal system" that is used to prosecute you: The police, who collect the evidence in the first place and they are not involved again, unless they are called to court as witnesses. The CPS, who prosecute you on behalf of the Crown. All the evidence becomes the property of the CPS after the decision to prosecute you has been taken. If you require any information or evidence relating to your case you should contact the CPS. Our Disclosure page explains how to do this. The Magistrates' Court is the "independent" meeting place at which your case is heard, and this is the body that serves you with a summons and organises your trial. This website explains how these courts work. I've accepted a Fixed Penalty ticket. Do I still have a legal right to the evidence in my case? NO - If you accept a Fixed Penalty ticket you'll have accepted that you were guilty of the offence at the time. You only have a legal right to evidence after you've been served with a summons to attend court. 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Information News Carbon Emission Offsets now available We are now able to offer a limited number of carbon emission offsets, enabling you to reduce the possible climate change impact ... -------------------------------------------------------------------------------- Latest forum topics NIP to contract hire company took 21 days Forum: Speeding and The Judicial Process HOW TO BEAT SPEEDING TICKET ??? Forum: Speeding and The Judicial Process Page updated: 12 Apr 2006 » FAQs and Forums Web PePiPoo Copyright © 2001-2007 PePiTec Ltd. Powered by CMS Made Simple Good site thanks for that . not that i ,m trying to advocate speeding . Link to comment Share on other sites More sharing options...
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