FAO: Turbo Pete!!!

[vega]

Removed

[vega]

Just noticed on the rear of the Producer, at the top, it says:

NOIP (form 20a)
In accordance with Section 1 of the Road Traffic Offenders Act 1988, as ammended, I hereby notify you that proceedings may be instituted against you for one or other of the following offences, at the time, date and place overleaf, whilst driving/riding/leaving the vehicle mentioned:-

(c) at an excessive speed on a restricted road.



So this acts as a notice of intended prosicution, and by asking me to contact him, he can still issue me with the penalty, even though I was not given a fixed penalty at the scene?

[Rob200SX]

Sounds like...

1. No Speed gun/radar used
2. He was on his own = no one to verify you were speeding

Were you in a bit that had CCTV then?

I can't think why the copper wants you to contact him, that's seems way off the normal procedure and it doesn't matter if you have your license on you or not, a ticket can still be issued regardless, sounds well dodgy to me. I wouldn't be surprised if when you call him he'll offer you a 'deal' where you give him money, and he 'forgets' the ticket.

hmmmm

[vega]

There was definately CCTV there, I've worked on it before.

I've just been speaking to a friend of mine, who also thinks this is wrong :confused:

But i'm still shatting myself

[AshT_200]

He can be on his own.

As a witness he can also say that in his opinion you were driving in excess of the speed limit.

If you were videod on CCTV, they can also work out your speed from that.

Have to say it M8, if you know they are clamping down on that road, stick below the limit. It just ain't worth it.

[turbo pete]

Bit busy at mo. i am thinking about it and I will drop you a line soon.

First thoughts are bollox to it. Sounds like a gungho nob who wouldn't even get to court.

Chat soon.

[AshT_200]

Maybe out of line here, but what sort of Road was the 50mph limit on?

If it was in a built up area, and you were racing, it's a fair cop.
If not, good luck.

[vega]

Smack bang in the middle of the city centre, 30 mph limit.

[vega]

Also, on the producer, he hasn't ticked a reason for request.

[AshT_200]

Originally posted by vega
Smack bang in the middle of the city centre, 30 mph limit.

How fast were you going then?

[vega]

Fast enough not to be looking at the needle

[turbo pete]

Okay I'll answer each bit in turn.

First


"I raced a car just now, and beat it into the ground, but as I was going down the road, I noticed blue lights in the mirror. I turned off, and he went straight past, and pulled the bloke I was racing. "

I'm not going to lecture you on exceding speed limits I'll just make some observations. If you are tear arsin round city centres the police are going to take a very dim view of your antics and will understandably be awkward. the only thing I would say is that my priorities when driving are a. My own safety b. spotting police both of which require you to drive at a speed at which you can react to both sets of circumstances. It might be an idea that you go steady abit especially if you are getting known locally. At least until it has all blown over.

Next

"Later on, about 20 mins later on, the copper sees me parked up, and tells me to get into his car. He gives me a load of grief about the speed I was doing, which was in far excess of 50 mph, but he will take me to court, or give me a ticket. I admit nothing, then he goes on about the fact that my car sticks out like a soar thumb, he ain't stupid, it was me that was driving like a loony. "


What was the speed limit. What speed were you doin. What speed did he claim you were doing? Did he know your car registration from the observed chase or did he just spot the car due to its colour. If he was going to give you a ticket he could have done it on the spot. He would have issued you with a NIP and got you to sign it. Did he do this. He can't take youto court. The CPS would be issued with a copy of the NIP you had been issued and it would be up to them whether or not the case would proceed. Which in this case sounds unlikely. You admitted nothing - GOOD. Non commital answers are what is required by anyone who is stopped by the police. Things like Really, I didn't know that.

Next

"Anyway, he told me he is going to give me 3 points like he just gave the other lad. He asked if I had my liscence on me, to which I replied no, as it currently away having 3 points put on it. He asked if I had any other points, I said yes, another 3 which I got back in december 99. "

He can't give you 3 points. The court can but not him. Or the NIP may well allow you the option of paying a fine and accepting points. But he doesn't give anyone points. When he asked for your licence you were right not to give it him. Never give your licence. Even if you have it. I would also have been inclined to say something like - What relevance does the number of points on my licence have to this incident? It would have been clear by this stage whether or not he was gunning for you. In which case you could have said - you can see the state of my licence when I produce it at a designated station, can we get a move on as I don't have time for idle chit chat, if you are going to issue me with a NIP or a producer would you kindly get on with it. In addition can I also have your name and number, the address of your station and the name of the officer you report to since I find your attitude and demeanour rather offensive and needlessly threatening.

Next

"As I didn't have my liscence on me, he issued me with a producer, and told me I have until 25th November to call him, and claim my ticket. If I don't call him, then he will take the proceedings into court, and there will be CCTV evidence of racing on a highway. "

Make sure your MOT and insurance are in order. If they are go to the station and have the documents recorded. Read the producer carefully and point out all the mistakes you find. Spellings, location, dates etc... As far as calling him I wouldn't bother. I assume you gave him your correct address and name. If he wants to issue you with a fixed penalty he should do it by sending a NIP. If he doesn't send you a NIP or you didn't sign one then technically you can't go to court. If he is going to issue you with a fixed penalty offer then he can send it to you. I would be inclined to make a formal complaint about his attitude though.


Next

This bloke was on his own, no video evidence on board, no real evidence of what speed I was doing.

If he was on his own he can't prove your speed and the case won't get to court. Two witnesses are required. That is a person and some device for measuring speed. (or two people) He may argue that his speedo was confiming his suspicions but I doubt it was a calibrated unit and so won't have been accurate anyway. It might be worth visiting a solicitor since you have quite a few points. I personally think the whole thing sounds like a joke. I would love to take on a jumped up copper like this one in court. i would talk his legs off.


next

Here is my current situation:
17/12/99 3 points £40 fine
28/9/02 3 points £60 fine
And, on the 12th July, I was caught speeding on the same road, I recieved an NIP on the 18th, and returned it the same day. I have still not recieved a court date.
What the **** am I going to do mate?
He took all of my details, including mobile phone number, and wrote on the back of my copy of the producer, his number and date he wants to hear from me by.
I have never heard of this being done before, but the situation is not good as they are really clamping down on this particular road, and I have already beed caught there once. Do I just go ahead and accept the points? This is going to look really good in court though isn't it:
"Mr Baker, after we sent you a NIP for speed ing on this road, you then persist to offend, once on the M5 at an excess of 90mph, and then again on the same road you are in court for today, you obviously have no respect for the law..." I can hear it all now

Rather than ignore him it might be worth writing to him. A short letter explaining that you don't understand why you were stopped and if the officer is intending to prosecute you that he should provide a written notice of intended prosecution so that you may seek legal advice with regards to whether you should just accept the points or risk going to court.


Hope this helps. you might want to get back to me on some of these points.

[vega]

Cheers Pete.

So the Producer doesn't count as a NIP as it states on the back?

I can't afford a solicitor unfortunately, I am skint.

I will hand the producer in, but there are no mistakes on it as such. But he had put the time back to when he pulled the other bloke??? How do I prove that is wrong?

All I was going to do was hand in the producer and ignore the ******. Problem is, I find it difficult to lie, as strange as it may seem. This is where I become unstuck.

Cheers for your time mate, Vince

[AshT_200]

Pete, you said that with so much diplomacy.

If he was a traffic cop however, it was most likely he did have a calibrated speedo tho... most of them do now.

Sounds harsh, but if you live by the sword be prepared to die by it.

[Jeffers_S13]

Why is it best not to give them your license ?

[AshT_200]

Originally posted by turbo pete
the only thing I would say is that my priorities when driving are a. My own safety b. spotting police both of which require you to drive at a speed at which you can react to both sets of circumstances. It might be an idea that you go steady abit especially if you are getting known locally. At least until it has all blown over.



Add c. Other Road Users and Pedestrians. :)

[turbo pete]

C is A

Hitting other road users and pedestrians can kill you. Sorry I should have included it.

The NIP has been issued verbally. He has told you of his intention. The question is how do you accept the points. You have to do that in writing and before you can do that he needs to put the offer of a fixed penalty in writing too. That is why you should write and say what I said to above.

Nice and short and polite. Jsty asking for him to write and confirm his intentions or offer of points so that you can take legal advice on the matter. That is your legal right.


As far is diplomacy is conerned are you taking the P1ss. I thought my suggested comments were polite if a little curt.

Re the licence. It is best you don't show your licence since you are not legally required to and if you have points it may encourage them to prosecute. i just politely decline the offer to show the licence when I am stopped.

Polite, vague and unhelpful and eating humble pie. that is me when I am stopped.


You should be able to getfre legal advice through the AA or RAC or union membership or even a local library that runs pop in legal sessions.