F*$%%£$"£%"£%*%* !!!!!

Author
Discussion

dennisthemenace

Original Poster:

15,605 posts

275 months

Tuesday 6th August 2002
quotequote all
i have spoken to Devon and cornwall and they have said that they will not send me the certificate of calibration or the photo of my bike after it was caught on goss moor , being from dorset and a bit fik whats the best thing to do ??????
cheers for any advice

PetrolTed

34,443 posts

310 months

Tuesday 6th August 2002
quotequote all
Surely they have to provide the photo at the very least. How can you defend yourself if they're not prepared to share the only evidence they have?

Fatboy

8,084 posts

279 months

Tuesday 6th August 2002
quotequote all
Get a brief and insist on the evidence - if they won't show you it, you can get off as they legally have to show you.

dennisthemenace

Original Poster:

15,605 posts

275 months

Tuesday 6th August 2002
quotequote all
they have said i can view it but have to go to plymouth which i havent got time to do surely if i ask for the calibration certificate and photo they have to send it a few others i know have asked for the evidence to be sent and it has been done why are these F**kin aholes p1551ng me about ??? , its p155ed me right off ,money grabbing f**king a55holes

Sorry about the langauge ted but i have just come off the phone to the most ignorant single minded moron ive ever had the displeasure of speaking to

Cotty

40,283 posts

291 months

Tuesday 6th August 2002
quotequote all
Im not of a legal bent but rememberd something from the film My Cousin Vinney regarding discovery

DISCOVERY: Part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to "discover" pertinent facts.

Im not sure how this works ie whether by offering you the documents is adequate or whether they have a legal requirement to sent them to you.

info supplied by www.courttv.com/legalterms/glossary.html

bobthebench

398 posts

270 months

Wednesday 7th August 2002
quotequote all
quote:

Im not of a legal bent but rememberd something from the film My Cousin Vinney regarding discovery

DISCOVERY: Part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to "discover" pertinent facts.

Im not sure how this works ie whether by offering you the documents is adequate or whether they have a legal requirement to sent them to you.

info supplied by www.courttv.com/legalterms/glossary.html



It works by going to America !!

In the UK your looking at a breach of Article 6 of the European Convention on Human Rights, arguable only once you get to court. You are entitled to see the photo if you dispute the identification evidence. This is usually done pre-court, if not challenge it in court and ask for an adjournment and the court will order you to have access to the photo, not necessarily get a copy.

No obligation re-calibration certificates.If you have good reason to doubt it's validity, you can, in court, either challenge that validity, in which case the Police explain how they tested it and seek to convince the judge, not you, that it was right and proper. Plan B is if your not just doing it to piss them around, you can ask the court to grant access to the equipment that you may have it tested. Don't get excited, they won't give you keys to the squad car and say "off you go ton-up on the nearest motorway" you need a recognised and competent professional who can and will test it on your behalf. Such action is very unusual, but possible if, for example you've had your own speedo tested and verified 100% accurate. IRS in Nottingham can arrange this, after all they calibrate the sppedo in most cop cars. Very expensive though.

dennisthemenace

Original Poster:

15,605 posts

275 months

Wednesday 7th August 2002
quotequote all
This is it bob if i go to court they will try and screw me for more money etc no matter what i do they will no doubt do better , and im not the brainiest of chaps (car accident 9 years ago sorted that out), This country has gone to the dogs , who knows a nice place abroad where i can go and get a job and live and sit on a beach giving the uk the 2 fingered salute

hertsbiker

6,371 posts

278 months

Wednesday 7th August 2002
quotequote all
Denny, don't panic... important thing is to keep a cool head. No point in getting like that.

Ok, tell them it is inconvenient to travel, and would they *kindly* email you the pictures, or put 'em in the post. Ask them in writing,explaining you can't take the time off work. Also tell them that you have been advised that if they do not cooperate that this is regarded as "obstruction" - and that it is not fair.

Whatever you do, don't get narky. Email me at work, I think you have the address.

Carl.

s2ooz

3,005 posts

291 months

Wednesday 7th August 2002
quotequote all
does your anger suggest you dispute the claim then? were you there/not speeding?

ap_smith

1,997 posts

273 months

Wednesday 7th August 2002
quotequote all
I think the problem here is that the coppers issue the NIP, at which point you have to tell them who is driving. Once you've done that they will offer you a fixed penalty. At this point they have no obligation to show you the photo or calibration certificate, as they are making you an offer. (this is what I beleive, it may/may not be accurate).

If you refuse the fixed penalty then you're off to court in which case you can request all the evidence which includes the certificate, photo etc etc.

When I was done earlier this year, I said I couldn't remember who was driving the vehicle and that I needed the photo to help determine who it was. They refused to supply the photo, so I refused to state who was driving. At which point they magically found the photo and sent it to me. It was obviously me driving, not the wife, so I held my hands up.

JonRB

76,078 posts

279 months

Wednesday 7th August 2002
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quote:
When I was done earlier this year, I said I couldn't remember who was driving the vehicle and that I needed the photo to help determine who it was. They refused to supply the photo, so I refused to state who was driving. At which point they magically found the photo and sent it to me. It was obviously me driving, not the wife, so I held my hands up.
I considered this as I wanted to see the photo, but concluded that it might be perceived as taking the p*ss a bit as the only other person insured to drive my car (my wife) was driving the car in front of me. She got a NIP too.

Bob C

112 posts

291 months

Thursday 8th August 2002
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JohnRB - that's a real bummer!!

Dennisthemenace - if it was you and you were speeding why not just take the medicine?

smeagol

1,947 posts

291 months

Thursday 8th August 2002
quotequote all
quote:

I considered this as I wanted to see the photo, but concluded that it might be perceived as taking the p*ss a bit as the only other person insured to drive my car (my wife) was driving the car in front of me. She got a NIP too.


Thats a bummer, but your wife isn't the only person insured to druver you car. Anybody with fully comp could driver your car with permission under their insurance. So I don't see it as taking the p*ss asking for a photo.

dennisthemenace

Original Poster:

15,605 posts

275 months

Thursday 8th August 2002
quotequote all
quote:

does your anger suggest you dispute the claim then? were you there/not speeding?



Ive been talking to a friend who says he remebers me riding my mates TL (i done a cracking wheelie ) so i it was my mate on my bike but until i see the photo i cant tell , im thinking of just filling the crappy form in and sending it back with a covering letter stating what i was wearing that day and if its me in the photo then fair enough but if its someone else than they have the wrong person , but as we all know justice is a joke in this country so i will obviously get the points even if it was me or not and if i take it to court i will proberly get some miserable fat git of a judge whos frustrated cos he hasent had sex for 20 years and give me a bigger fine and more points

Edited for the t in county

>> Edited by dennisthemenace on Thursday 8th August 18:59

hertsbiker

6,371 posts

278 months

Thursday 8th August 2002
quotequote all
...not the "o" then?

dennisthemenace

Original Poster:

15,605 posts

275 months

Thursday 8th August 2002
quotequote all
quote:

...not the "o" then?



DOH ! My spellings getting wurse i blame my old man he tort me and i also had krap edyoukayshun ay skool