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| uk.legal (Legal Issues in the UK) (uk.legal) An unmoderated forum to discuss all aspects of legal issues within the UK. |
| Tags: course, instead, offer, penalty, points, revoked, speedchoice |
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#1
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I wondered if anyone would like to offer advice on this.
I have accepted guilt in a fixed camera incident (speeding at 37 in a 30mph), however, I only did this after I recently received sufficient evidence from the safety camera partnership (a picture of my vehicle). I insisted on receiving this before accepting responsibility because even though I knew it was 'probably' me who committed the offence, as I knew I was driving in that general area at the time of the offence, I was not totally sure I was there at that time. I am also concerned that it is extremely easy to replicate number plates, so I wanted to see a picture so I could identify unique characteristics of my car. It took 2 months to finally get evidence from the safety camera partnership. They would only send the picture to me after I had sent a picture to them first (!!), and a number of letters preceded this. I have now accepted guilt, and want to take the option of a £60 'donation' and attendance at a 'speedchoice' workshop. This is a workshop offered instead of 3 points being added to my license. However, the safety camera partnership are saying that the offer of attendance at the workshop instead of the points has been revoked, as I did not admit guilt within 28 days. In essence, I am arguing that it is grossly unfair that the partnership has tried to pressurise me into admitting guilt to an offence with a time limited inducement, without presenting with sufficient facts to confirm culpability. They have deliberately withheld information from me which could have helped me to confirm that my car (and me as the driver) were responsible. Because they did this, it was not possible for me to respond to the NIP within 28 days as they stipulate, and therefore could not be eligible for a 'speedchoice' workshop instead of a fixed penalty. Any comments / views? Is there any legal recourse I can take with this? Does this in any way breech my human rights?! Cheers James |
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#2
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James wrote:
I wondered if anyone would like to offer advice on this. I have accepted guilt in a fixed camera incident (speeding at 37 in a 30mph), however, I only did this after I recently received sufficient evidence from the safety camera partnership (a picture of my vehicle). I insisted on receiving this before accepting responsibility because even though I knew it was 'probably' me who committed the offence, as I knew I was driving in that general area at the time of the offence, I was not totally sure I was there at that time. I am also concerned that it is extremely easy to replicate number plates, so I wanted to see a picture so I could identify unique characteristics of my car. It took 2 months to finally get evidence from the safety camera partnership. They would only send the picture to me after I had sent a picture to them first (!!), and a number of letters preceded this. I have now accepted guilt, and want to take the option of a £60 'donation' and attendance at a 'speedchoice' workshop. This is a workshop offered instead of 3 points being added to my license. However, the safety camera partnership are saying that the offer of attendance at the workshop instead of the points has been revoked, as I did not admit guilt within 28 days. In essence, I am arguing that it is grossly unfair that the partnership has tried to pressurise me into admitting guilt to an offence with a time limited inducement, without presenting with sufficient facts to confirm culpability. They have deliberately withheld information from me which could have helped me to confirm that my car (and me as the driver) were responsible. Because they did this, it was not possible for me to respond to the NIP within 28 days as they stipulate, and therefore could not be eligible for a 'speedchoice' workshop instead of a fixed penalty. Any comments / views? Is there any legal recourse I can take with this? Does this in any way breech my human rights?! Cheers James You were offered an inducement to quickly admit the offence, you did not take up that offer, it is no longer available. |
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#3
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James wrote:
I wondered if anyone would like to offer advice on this. I have accepted guilt in a fixed camera incident (speeding at 37 in a 30mph), however, I only did this after I recently received sufficient evidence from the safety camera partnership (a picture of my vehicle). I insisted on receiving this before accepting responsibility because even though I knew it was 'probably' me who committed the offence, as I knew I was driving in that general area at the time of the offence, I was not totally sure I was there at that time. I am also concerned that it is extremely easy to replicate number plates, so I wanted to see a picture so I could identify unique characteristics of my car. It took 2 months to finally get evidence from the safety camera partnership. They would only send the picture to me after I had sent a picture to them first (!!), and a number of letters preceded this. I have now accepted guilt, and want to take the option of a £60 'donation' and attendance at a 'speedchoice' workshop. This is a workshop offered instead of 3 points being added to my license. However, the safety camera partnership are saying that the offer of attendance at the workshop instead of the points has been revoked, as I did not admit guilt within 28 days. In essence, I am arguing that it is grossly unfair that the partnership has tried to pressurise me into admitting guilt to an offence with a time limited inducement, without presenting with sufficient facts to confirm culpability. They have deliberately withheld information from me which could have helped me to confirm that my car (and me as the driver) were responsible. Because they did this, it was not possible for me to respond to the NIP within 28 days as they stipulate, and therefore could not be eligible for a 'speedchoice' workshop instead of a fixed penalty. Any comments / views? Is there any legal recourse I can take with this? Does this in any way breech my human rights?! It might be in breach of what is believable. You are supposed to notice when you are speeding. I assume that you are a reasonably competent driver who did know that they were in the area and did know that they were speeding whilst in the area. Thus the request for the photo would appear to have been in the hope that the system had screwed up and that you could get off on a technicality. Worth trying, but, in this instance the gamble hasn't paid off and they have you dead to rights. Never mind. It was worth trying. Maybe next time you will be luckier. -- Sue |
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#4
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Mrcheerful wrote:
James wrote: I wondered if anyone would like to offer advice on this. I have accepted guilt in a fixed camera incident (speeding at 37 in a 30mph), however, I only did this after I recently received sufficient evidence from the safety camera partnership (a picture of my vehicle). I insisted on receiving this before accepting responsibility because even though I knew it was 'probably' me who committed the offence, as I knew I was driving in that general area at the time of the offence, I was not totally sure I was there at that time. I am also concerned that it is extremely easy to replicate number plates, so I wanted to see a picture so I could identify unique characteristics of my car. It took 2 months to finally get evidence from the safety camera partnership. They would only send the picture to me after I had sent a picture to them first (!!), and a number of letters preceded this. I have now accepted guilt, and want to take the option of a £60 'donation' and attendance at a 'speedchoice' workshop. This is a workshop offered instead of 3 points being added to my license. However, the safety camera partnership are saying that the offer of attendance at the workshop instead of the points has been revoked, as I did not admit guilt within 28 days. In essence, I am arguing that it is grossly unfair that the partnership has tried to pressurise me into admitting guilt to an offence with a time limited inducement, without presenting with sufficient facts to confirm culpability. They have deliberately withheld information from me which could have helped me to confirm that my car (and me as the driver) were responsible. Because they did this, it was not possible for me to respond to the NIP within 28 days as they stipulate, and therefore could not be eligible for a 'speedchoice' workshop instead of a fixed penalty. Any comments / views? Is there any legal recourse I can take with this? Does this in any way breech my human rights?! Cheers James You were offered an inducement to quickly admit the offence, you did not take up that offer, it is no longer available. A crooked description of justice if ever I heard one. This needs to be stopped. The OP was being asked to admit to an offence he did not know, or had no way of knowing he had committed. Gaz |
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#5
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Palindrome wrote:
James wrote: Thus the request for the photo would appear to have been in the hope that the system had screwed up and that you could get off on a technicality. And by 'technicality' you mean asking the Crown to divulge the evidence held against the accused? If he admitted the offence, but it later turned out to be not the OP who committed the deed, would perverting the course of justice be a reasonable charge? Gaz |
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#6
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Gaz wrote:
snip A crooked description of justice if ever I heard one. This needs to be stopped. The OP was being asked to admit to an offence he did not know, or had no way of knowing he had committed. I do hope that the OP did know that he had been speeding. What he didn't know was if they had caught him and had enough evidence to convict. They had and they did. -- Sue |
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#7
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Gaz wrote:
Palindrome wrote: James wrote: Thus the request for the photo would appear to have been in the hope that the system had screwed up and that you could get off on a technicality. And by 'technicality' you mean asking the Crown to divulge the evidence held against the accused? If he admitted the offence, but it later turned out to be not the OP who committed the deed, would perverting the course of justice be a reasonable charge? If he knew that he hadn't been speeding, then he would have been confident of the outcome. Why would anyone who had not been speeding admit to have done so? Oh, knowing that you were guilty of speeding but hoping that they had caught someone else instead, or hoping that there was something wrong with the evidence, is fair enough. But it is hardly "perverting the course of justice" to have got off with an offence that you actually did.. -- Sue |
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#8
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On Tue, 22 Jul 2008 18:22:29 GMT, "Mrcheerful" wrote:
James wrote: I wondered if anyone would like to offer advice on this. I have accepted guilt in a fixed camera incident (speeding at 37 in a 30mph), however, I only did this after I recently received sufficient evidence from the safety camera partnership (a picture of my vehicle). I insisted on receiving this before accepting responsibility because even though I knew it was 'probably' me who committed the offence, as I knew I was driving in that general area at the time of the offence, I was not totally sure I was there at that time. I am also concerned that it is extremely easy to replicate number plates, so I wanted to see a picture so I could identify unique characteristics of my car. It took 2 months to finally get evidence from the safety camera partnership. They would only send the picture to me after I had sent a picture to them first (!!), and a number of letters preceded this. I have now accepted guilt, and want to take the option of a £60 'donation' and attendance at a 'speedchoice' workshop. This is a workshop offered instead of 3 points being added to my license. However, the safety camera partnership are saying that the offer of attendance at the workshop instead of the points has been revoked, as I did not admit guilt within 28 days. In essence, I am arguing that it is grossly unfair that the partnership has tried to pressurise me into admitting guilt to an offence with a time limited inducement, without presenting with sufficient facts to confirm culpability. They have deliberately withheld information from me which could have helped me to confirm that my car (and me as the driver) were responsible. Because they did this, it was not possible for me to respond to the NIP within 28 days as they stipulate, and therefore could not be eligible for a 'speedchoice' workshop instead of a fixed penalty. Any comments / views? Is there any legal recourse I can take with this? Does this in any way breech my human rights?! Cheers James You were offered an inducement to quickly admit the offence, you did not take up that offer, it is no longer available. Excuse me, he admitted guilt immediately *on being provided with the evidence requested* - a perfectly reasonable request. Perhaps his wife was also driving in the same area that day, and he needed the photo to hopefully confirm who was driving. The 28 day clock starts when he sees the photo, IMHO - not when the NIP arrives. That's only fair and just. If the camera operators are unable to get the photo in a reasonable timeframe (shouldn't be hard - 'give us the NIP reference number and your email address, Sir - you'll have it within the hour') that's their problem, not his. Mike -- http://www.corestore.org 'As I walk along these shores I am the history within' |
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#9
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"Palindrome" wrote in message If he knew that he hadn't been speeding, then he would have been confident of the outcome. Why would anyone who had not been speeding admit to have done so? I didn't know I had been speeding, or even if it was my vehicle. Thats why I asked for further information. They refused to send it. I didn't want to say it was definitely me until I knew it was definitely me. Oh, knowing that you were guilty of speeding but hoping that they had caught someone else instead, or hoping that there was something wrong with the evidence, is fair enough. But it is hardly "perverting the course of justice" to have got off with an offence that you actually did.. It seems reasonable to me to ask for further information before accepting guilt for an offence, particularly if the alleged offender cant remember having committed it. |
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#10
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"Mrcheerful" wrote You were offered an inducement to quickly admit the offence, you did not take up that offer, it is no longer available. Is that legal / ethical? I didn't take up that offer because I was not sure that I had committed the offence. I needed further details of the offence clarified before I could do this, because even though I was driving vaguely in that area at that time (I am not sure of my exact movements because I was visiting a friend using satnav to direct me as it was an unfamiliar area) and I did not recall either speeding or being flashed by a camera for speeding. |
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