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#183876 9th Nov 2007 12:08am
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sijones Offline OP
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Hi people,

Someone i know has been summond to court 4 months after the offence of speeding in the birkenhead tunnel.

The evidence is one police office saying he was following the driver doing 48 miles per hour according to his speed in car, he also says he was 50 meters away but with clear site.

does anyone know how they can do this, av told him to plead not guilt and go before judge as it's one persons word against the other.

I seen in another thread that you have to be summond in 14 days does that apply to this? anyone know what's the best way to fight it, the friend is a relative to me and i have said i will go in as i believe him when he says he didn't speed.

I mean who would speed through the tunnel with a tunnel police car following you from the beginning!

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Tunnel police - a law unto themselves... they av ya as soon as look at ya if their feeling like doin some work!

Im sure Auditastic will be able to advise on this matter.

smile

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NIP
Notice of Prosecution i think they have up to 6 months.
Not sure i keep forgetting.

You may find its on Video somewhere but most people in this
position "If innocent" request the evidence they have.
Pictures / video etc.

I'm guessing Time v Distance visual markers.
Or even video camera's on the way in and on the wayout,
but as you say its a police car behind.

1 digit wrong on a reg can cause all kinds of problems.

So your friend is disputing the speed, and not the fact
that he was in the tunnel at that time ?

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sijones Offline OP
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actually i'll just say, it was my uncle that was in the tunnel.

he was followed from the beginning of the tunnel as he entered, so no issue that he was there or anthing...

it just seems the police can make up what ever speed you were doing and take you to court...

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sijones Offline OP
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i was actually going to suggest he requests the cctv footage because this should prove either way if he is innocent or guilty...!!!

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Originally Posted by MattLFC
Tunnel police - a law unto themselves... they av ya as soon as look at ya if their feeling like doin some work!

Im sure Auditastic will be able to advise on this matter.

smile


FKIN GODAMN CONE KICKERS!!!!!!!
they even have the audacity to a) call them selves police b) wear white hats!

they are talking shit...they HAVE to serve the NIP notice of intended prosecution on you within 14 days (if your the registered keeper ie not a hire car or company car)

DEFINITELY go to court..any half decent brief will make mincemeat of their case. Im not even sure if they have got calibrated speedos in their cars

they are a waste of oxygen imho!


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Originally Posted by Mark
NIP
Notice of Prosecution i think they have up to 6 months.
Not sure i keep forgetting.


up here it's a year and 1 day according to someone on a website i was on... weird if correct, but could be totally different down there anyway

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Originally Posted by Davey_Martin
Originally Posted by Mark
NIP
Notice of Prosecution i think they have up to 6 months.
Not sure i keep forgetting.


up here it's a year and 1 day according to someone on a website i was on... weird if correct, but could be totally different down there anyway

yup..scottish law is totally different...
in uk...14 days for NIP and summons raised within 6 months of the offence.


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Auditastic has knocked the nail on the head!!
Some of these cars dont have cameras onboard and just rely on their speedos!These speedos need to be calibrated on a regular basis as things like wrong tyres fitted, tyre pressures and mechanical faliures in the speedo themselves can give wrong readings.You want to see a copy of the speedo calibration on this car1
Now if they have a camera, its the same thing!! These cameras need to be calibrated / tested regularly ( weekly or monthly!).
None are, thats why a good brief should be able to get you off.
Worked for me twice now, fighting my third but with a static speed camera, that fooker on A41, Lairds!!
Happy motoring!


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sijones Offline OP
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there saying they calibrate the speedo's by doing a 1/4 mile which takes 30 seconds and they time it with a stop watch...

great accuracy!

he heard nothing from them since the offence then 4 months later gets a thing from them saying there going to take him to court so i guess this is not legal is that right???

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Well you will be wanting to test that theory.
As human perception of speed and distance can be wild at the best of times.

IMO that is only a guide to get more enhanced equipment targeted on the car, and not a way to judge its speed accurately.

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Originally Posted by sijones

he heard nothing from them since the offence then 4 months later gets a thing from them saying there going to take him to court so i guess this is not legal is that right???


So did he get a ticket or anything at the time of the offence, if he did, that was the NIP, which has to be recieved withing 14days of the offence, then if you dont pay it etc they have 6months to take you to court.

so if he got a ticket at the time of the offence, the NIP was within the time limit, and he had been summoned to court 4months on, which is also within the summons time limit.

even if the summons is above board, I would still challenge the calibration of the speedo or camera.


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