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[fridayman]

Have any of you used this yet? The "Sussex Safer Roads Unit" have snapped me being dangerous, and I'm wondering if it's worth fighting or just taking on the chin (don't mind the fine, but don't want the points).

[PeterE]

Whereabouts and what were you doing?

[fridayman]

Allegedly, I was doing 38 in a 30 in Sussex somewhere, and was caught by a "automatic camera device/speed detection device".

[PeterE]

Ok mate. Just I'm from Brighton and just wondered where but sounds like it was a mobile unit, there's often one in Saltdean... I'd ask for the evidence, they are obliged to provide that. You can go on to ask about camera calibration, etc., depends how much of an issue you have with it. I'd hold my hands up if it were me although I picked up 6 points (2 x SP30) this time last year. 

[Jim996]

Hi

Is the PACE statement the one where you write back admitting you were riding but that as you haven't been formally cautioned your testimony can't be used?? or something like that?

If it is a girl in my office tried that last year and it didn't work!

[fridayman]

Hi

Is the PACE statement the one where you write back admitting you were riding but that as you haven't been formally cautioned your testimony can't be used?? or something like that?

If it is a girl in my office tried that last year and it didn't work!

Yip, that's the one. What happened to her? Do you know if she responded to any of their threats after she sent the PACE letter? Or did she just wait to be summonsed?

[zxyogi]

Allegedly, I was doing 38 in a 30 in Sussex somewhere, and was caught by a "automatic camera device/speed detection device".

  FOOK me you are a CRIMINAL of MEGA propotions Et...and a danger to society..You ARE Public enemy No1.....you are worse than....than.......than a worse thing could be!!!
Knowing the way you ride Et and knowing you,i bet that speed was out of town/village i bet you were slowing down when you saw the 30 sign and the FOOKING SNEAKY WANKERS had the camera/device hidden just after the sign!!!
Hope you get away with it Pal!!!

[Jim996]

She got a letter back saying that this defence had already been overturned in another case somewhere......can't remember the exact wording but she was basically told she would have to go to court.  It was only a 37 in a 30 so she just copped for it at that point.  Delayed the whole thing about 3 months though.

I'm told the best defence is still saying you didn't know who was riding the bike.  I've got a mate whose wife is a CPS lawyer and she says most cases are dropped by not being able to identify who was driving.  There is also a method where I think you plead guilty to not knowing who was driving and take a fine but no points......I will try and speak to him today and hopefully get some more concrete answers for you.....

I would ask for the photos as a starting point.  Let me get back to you.

[Andy J]

I bet it costs more than the fine for the police to send the picture

[fridayman]

Cheers J, I've already asked for the pic. Apparently the cops will often quote case law incorrectly to try and scare people into paying. The latest precedent says that the PACE statement is a valid response to a NIP, but the cops obviously don't want us to know that. They don't want it to go to court either because then they don't get the revenue.

Yoghurt - if only they knew    The thing is I don't even remember seeing the camera so I probably hadn't slowed down for it. That got me thinking, when was the last time I rode 38mph??? (Unless you were in front... )

[Wh|t3R@bb|t]

[fridayman]

My understanding is that the PACE statement provides all the info required by S172 (the NIP) and as such you have complied with the law. The argument is whether the CPS can use it to prosecute you? The local "safety authority" (not CPS) will threaten you with failure to comply with S172 (providing details), but as far as I know, you can't actually lose if it goes to court (because you have complied with the law) and I haven't seen anywhere that you can get points for not complying with S172. What they may do however, is to try and send you a penalty notice anyway and use the PACE statement as admitting guilt. For now it might be better to pay it then, but some people say to just ignore any further correspondence until the original offence times out (after 6 months). There is currently a case waiting to be heard at the European Court - if the individual wins, you would be able to claim back the fine.

Did you get extra points for not providing the info, or providing a PACE statement instead of completing the NIP? Or do you presonally know of someone who has?

[Jim996]

Coffee, car crashes and listening to some dour copper telling you that speeding makes you the anti-christ......sounds more fun than sitting in work mate.....I'd go just to sit at the back of the class pissing about with the 17 year old slammed Corsa drivers before starting a good argument with the cops, the wankers......

The girl I was talking about wrote to them to try and go on this course but the answer back was that the speed awareness course was only available for offences of up to 35mph in a 30....as she was doing a blistering 37 she had to take the points instead......unbeleivable but true....

Guess it depends on which police force and which old bag opens your letter on the day.....wouldn't this just be simpler if we had a system like Cyprus where a big brown envelope of cash just makes them piss off?

[fridayman]

I just think that this country is turning into the bureaucratic nanny state that it is, because people don't challenge the local authority enough. It shouldn't just be upto the press (who have their own interests to protect) to hold the authorities accountable, we should speak up too.

I'll wait for them to send me the pic, and should probably just pay the fine and take the points...