I Demand The Evidence

Question:

What evidence can I demand to ask them to send me (under the Freedom of Information Act?) in order that the validity of their actions relative to the NIP being issued can be verified. (The original NIP was sent to the car owner who wasn’t the actual driver at the time. The owner told them that I was the actual driver which inevitably led them to send me a revised NIP which I have received approx 1 month after the alleged offence!) (I presume the 14 day rule does/does not apply when a NIP form has to be re-sent to the actual driver?).

I presume that by asking for detailed technical information about the camera exact location, calibration certificate etc they will be having to do a lot of ‘back-up’ research to prosecute/persecute me further! and they might not bother?

For your information, the location was approx 30 miles away from my home and this is the first time I have received a ticket in over 40 years. I have a clean licence, and I am a pensioner. Please point me in the right direction. Thank you for any help you can give.

Rob Says:

You have no right to demand any evidence at this stage in the proceedings.

The FOIA doesn’t not apply to criminal proceedings.

You have a right to ask for disclosure of prosecution evidence if you reject the ticket and ask for a court hearing and plead not guilty. At that stage the Criminal Procedures and Investigation act comes into play and you get to see the evidence that the prosecution intend to reply on and you get to see any evidence that undermines their case.

At this stage you don’t get to see anything, apart from perhaps the photos if you are having trouble identifying the driver.

You are right – the 14 day NIP rule only applies to the registered keeper.

They always bother to prosecute unless they make a major mistake and they normally don’t. There is a real urban myth that they wont bother if you put up a fight – so not true.

If you accept that you were the driver admit it otherwise you will get 6 points for failing to do so.

If you accept the speed alleged then take the ticket or the speed awareness course otherwise you will get higher fines and court costs for taking it to court.

If you deny the speed alleged or that you were the driver come back to me and I will be able to assist further.

 



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