Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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Thread: cameras!

  1. #1
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    Default cameras!

    i use the same route home from work every day, and have done for the past fifteen years.

    i am of course very aware of where cameras are on my journey.

    so, you can imagine my surprise when i received a notice of prosecution
    for travelling at 39mph on a 30mph road.
    i accepted that i must have been miles away (in my mind) and agreed that i was the driver and waited for the fixed penalty notice to arrive.

    went on holidayicon and returned on tuesday, and sure enough there was a letter offering me the option of paying £60 with 3 penalty points, or £95 and attend a speed awareness course with no penalty points.

    to my amazement, there was amongst the rest of my mail, another notice of prosecution, dated 6 days later from the 1st. this time for doing 40mph at the same spot!

    im sure those of you who have been caught in these cameras, will remember the feeling when you spot the flash in your rear view mirror, or you've seen someone else get caught. your gutted, but accept the consequences. the flash is really bright even in daylight.

    i can honestly say that on niether occasion did i see a flash to indicate i had been 'captured'.

    my licence has been clean for the past 25 years (which i was quite proud of) so, ok, now i'm going to end up with 3 points, no big deal, i dont think it will affect my insurance, as most companys dont take into consideration a 3 point penalty.

    i've written to the appropriate office asking for copys of the photographic evidence, plus a copy of the certificate of callibration of the specific camera, although i am aware that they are not obliged to furbish me with the latter. they only have to produce this item if i plead not guilty and go to court. (as i understand).

    has anyone else ever experianced a similar situation, and contested the validity of the camera?

    does anyone know how long a callibration certificate is valid for?

    the £155 is going to hurt of course, but not as much as the thought that i could have been so stupid to get caught twice in 6 days at the same place!

    bartymuv.

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  2. #2
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    Default Re: cameras!

    6 points not 3. probably an LTI. if you asked for "evidence" instead of a photo to "help identify the driver" then they will probably just shut the door on you.


  3. #3
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    Default Re: cameras!

    hi lamma,

    no, it will only be 3 points as i have the option of the £95 plus the speeding awareness course on the 1st offence.

    i dont get the option for any subsequent speeding fines for the next 3 years.

    barty.


  4. #4
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    Default Re: cameras!

    Quote Originally Posted by lamma View Post
    6 points not 3. probably an LTI. if you asked for "evidence" instead of a photo to "help identify the driver" then they will probably just shut the door on you.
    It's how you word it. Ask them for a photo to help you identify the driver and it is common for them to send one out. But if you ask for evidence of the offence then they will say that evidence will not be served (as required under the Criminal Procedures Investigations Act 1996) until a not guilty plea has been entered.


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    Default Re: cameras!

    make sure you get it ! they have numbers to match and it has been known for these offers to evaporate...
    and hope they don't spot the 2nd offense and withdraw the offer.


  6. #6
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    Default Re: cameras!

    hi lamma,

    oh dear, i think i may have shot myself in the foot then as i made my request for photo copys for both offences in the same letter quoting both reference numbers.

    if what you suspect happens, then i will be really gutted!

    i'll let you know.

    barty.


  7. #7
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    Default Re: cameras!

    well,

    got the photos for each offence yesterday, but no callibration certificate!

    niether photo reveals who the driver is (ive already admitted that i was, on both occasions).

    cant help wondering if i could have got away with no points on my licence if i had said my wife was the driver of the car on the 2nd occasion, thus giving us both the option to pay £95 to attend the speeding awareness course?

    oh well, too late now i guess.

    barty.


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    Default Re: cameras!

    Quote Originally Posted by bartymuv View Post
    well,

    got the photos for each offence yesterday, but no callibration certificate!

    niether photo reveals who the driver is (ive already admitted that i was, on both occasions).

    cant help wondering if i could have got away with no points on my licence if i had said my wife was the driver of the car on the 2nd occasion, thus giving us both the option to pay £95 to attend the speeding awareness course?

    oh well, too late now i guess.

    barty.


    Ha Ha......assuming of course your wife would have been happy with that....tut tut.....a lesson learned-no need for speed awareness course if you remember the cameras are there in the first place.

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  9. #9
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    Default Re: cameras!

    Quote Originally Posted by bartymuv View Post
    got the photos for each offence yesterday, but no callibration certificate!
    You are not entitled to the evidence (like the calibration certificate) until you have entered a plea of not guilty at court.

    cant help wondering if i could have got away with no points on my licence if i had said my wife was the driver of the car on the 2nd occasion, thus giving us both the option to pay £95 to attend the speeding awareness course?
    Yes you could have done but there is no guarantee of being offered the course in place of FPN/points.

    However, this is known as perverting the course of justice and if found out would result in both of you spending time in separate jails.


  10. #10
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    Default Re: cameras!

    well, their not hanging about!

    got my invitation to the speed awareness course today, so at least i'll only end up with 3 points on my licence.

    pat, that doesn't sound like too bad an idea to me! me in one venue and her indoors in another! lol.

    barty.


  11. #11
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    Default Re: cameras!

    ok, just to close this,

    today i posted off my £60 for the second traffic violation.

    but, im going to ask them to up the wattage in their flash units so that at least i'll know when i've had my photo taken!

    barty.



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