camera van speeding ticket...advice please

[yellow peril]

advice reqd please.......got pinged in mexico by mobile safety camera van doing 39 in 30 zone on way back to work from having tracking set up at tyre spot. have been sent a notice of intended prosecution.
can i say that it wasnt me driving car (even tho it was) as strictly speaking i should have been at work, time was 12.37 and dinner finishes at 12.30 and could i say i left the car at the tyre spot while i walked back to work and collected it later after work...... hence anybody could have been driving in my absence at the time of the offence. will they check up on this?
there is a section on the prosecution form for naming the "other" driver if not self and if not completed could lead to prosecution for "failing to supply driver details"..... which is worse, the speeding points and £60 fine... already have 3 or blagging it and maybe getting done for failing to provide etc....
what do you guys think

[dasadrew]

not an expert, but IIRC speeding is a civil offence, perjury or making a knowingly false statement is a criminal offence. Is it worth it?

Ask Brian, he may know someone who did it!

[arron]

There's a lot of hoo-ha about this at present, one way or the other you are meant to either admit the offence or name the driver - to not do so is another offence in itself which carries a harsher penalty.

The actual manner in which these offences are enforced is, technically, unlawful. By issuing the fixed penalty 'intention to prosecute' notice and demanding that you either admit to the offence or name the guilty party, the police force are actually impinging on your rights. If you are arrested in the street for something, you will first be cautioned after which you have the statutory right to remain silent. Speeding offences contravine this basic right - you have not been officially cautioned hence you cannot apply your right to remain silent - on the other hand, the police are applying a prosecution without cautioning you.

If it were me, I'd write back to the force that has sent this letter stating that you believe their action to be unlawful as they have not cautioned you for this offence. If you then get further communication or a visit to caution you, you are then able to apply your right to remain silent and hence not disclose the driver of the vehicle.

The grey area is what would happen if such action led to a court appearance. There is lots of info on the web about this so I suggest you have a read up on it. Some have suggested that simply by the act of writing to the police and pointing this issue out that they will drop the charges as it becomes uneconomical for them to pursue - this just goes to reinforce my basic belief that speeding cameras are just a money making exercise.

[topaz]

BEFORE you send off your NIP, read this site and do your research:

http://www.pepipoo.com/FAQ.htm

[robsrs2000]

paul do the crime do the time

[hotrs2000]

Its all to do with PACE, you admit that you where the driver but as you haven't been cautioned you state that under PACE or something you say the information can not be used to gain a prosecution.
Scar on the RSOC forum has lots of info regarding this. it might be worth having a chat with him if your going to ND on Sunday.
The site topaz has listed is excellent, but you must be prepared to take it all the way if you start going this route.

[lee bishop]

ask for proof that the gun was calibrated that day, it has to be done daily, if it aint, you can get off for possible faulty sensing equip. also ask for a picture of the offence, then look to see if it looks like you, if it dont, blame GAZ W. lastly, tell them you are on a nuclear sub, and are about to go to sea, and cannot say where or when you will return. every chance they will NFA it. (no further action ) depends how big yer balls are really

good luck

[RabC-RS2-77]

lee thats the best thing you've said for ages !
yellow peril, i think this is your best bet !

[Banishit]

Tell them your car is old, and the speedo is not as accurate as a modern car, you saw your speed as 30-31 on the dash

[RabC-RS2-77]

bri your not saying that someone at your works
told you to tell him that one,
lol...

[Banishit]

? possibly heard it somewhere

[lee bishop]

lee thats the best thing you've said for ages !

you dont arf know how to hurt a blokes feelings lark

[RabC-RS2-77]

lol @ the above,

[lee bishop]

Tell them your car is old, and the speedo is not as accurate as a modern car, you saw your speed as 30-31 on the dash

you can blame this on tyre aspect ratio too, now i run 185/60's my speedo reads 10mph too fast, but this error is going in the wrong direction. i'd be reading 50mph to actually be doing 40mph, and in a 30 zone 20mph over wont be excusable, so forget that, i'll get me coat

[pockets]

just find and pay a student to take the blame!!!